Platform Terms of Service
1. Company Information and Definitions
1.1 Company Information
These Platform Terms of Service ("Terms") govern access to and use of the Flatmaters platform and all related services. The platform is operated by Flatmaters OÜ, a company incorporated in Estonia, with registered office at Järvevana tee 9, 11314 Tallinn, Estonia, and registered with the Estonian Business Register (e-Business Register) under code 16973199, trading under the commercial name Flatmaters ("Flatmaters", "the Company", "the Platform", or "the Service Provider").
Flatmaters operates as an international digital accommodation marketplace that connects property owners and authorised property representatives with international students seeking medium-term furnished housing, facilitating listings, bookings, Rental Agreement generation, payment coordination, and Security Deposit custody.
Flatmaters acts solely as an intermediary platform and custodian of funds as expressly set out in these Terms. It is not the owner, landlord, or property manager of any listed accommodation, unless expressly stated otherwise in a separate written agreement.
Non-Guarantee Principle. Flatmaters is not a guarantor, insurer, surety, or underwriter of the performance of either the Owner or the Student. Where these Terms provide for Flatmaters to transfer funds to the Owner as indemnification for Student non-performance, or to the Student as refund for Owner non-performance, Flatmaters' obligation is strictly limited to: (i) transferring funds it already holds in custody in relation to the relevant Booking; and (ii) pursuing reasonable recovery efforts from the defaulting party. Any shortfall between the funds held by Flatmaters and the amounts owed by the defaulting party is a claim the non-defaulting party holds directly against the defaulting party, not against Flatmaters. Flatmaters will provide documentation to support such direct claims upon request.
1.2 Legal Acceptance
These Terms constitute a legally binding agreement between the user and Flatmaters. Acceptance occurs through any of the following: creating an account on the Platform; publishing a Listing or accepting the Listing Agreement; making or confirming a Booking; using the Platform or Services in any capacity. Continued use following any update constitutes acceptance of the revised version.
1.3 Contractual Framework and Document Hierarchy
These Terms form the master framework governing all Platform use. They are supplemented by the following specific agreements, which prevail over these Terms for the matters they govern where there is any incompatibility:
- Listing Agreement — governs the relationship between the Property Owner and Flatmaters regarding the listing and management of properties on the Platform
- Rental Agreement — governs the rental relationship between the Property Owner and the Student; generated by Flatmaters from the Listing terms, signed by the Owner upon acceptance of the Booking Request and by the Student in accordance with Section 5.3
- Booking Conditions — govern the contractual relationship between the Student and Flatmaters in connection with a specific Booking; accepted by the Student at the time of Booking
- Privacy Policy — governs the collection, processing, and storage of personal data by Flatmaters
In the event of any conflict between documents, the order of precedence is: Listing Agreement (for Owner-Flatmaters matters) → Rental Agreement (for Owner-Student matters) → Booking Conditions (for Student-Flatmaters matters relating to a specific Booking) → these Terms.
1.4 Definitions
"Accommodation" means any furnished room, apartment, house, or residential unit listed on the Platform.
"Base Price" means the monthly rental price set by the Property Owner in the Listing Currency. It constitutes the basis on which the Final Price displayed to the Student is calculated.
"Listing Currency" means the currency in which the Property Owner sets the Base Price in their Listing (EUR or CLP by default). It constitutes the actual underlying currency of the Accommodation contract.
"Booking" means a confirmed reservation of Accommodation arising from the Property Owner's express acceptance of a Booking Request through the Platform. A Booking exists from the moment of the Owner's acceptance. The Rental Agreement is perfected as a bilateral contract upon the Student's signature in accordance with Section 5.3.
"Booking Fee" means the payment made by the Student to confirm a Booking, equivalent to one month of rent at the Final Price. The full Booking Fee is held by Flatmaters as sole custodian. Upon the Student's arrival and signature of the Rental Agreement, the Booking Fee is re-designated as the Security Deposit. If the Student does not arrive, or does not sign the Rental Agreement within 24 hours of physical arrival at the Accommodation, the Booking Fee is forfeited in accordance with Section 9.
"Booking Request" means a Student's application to reserve a specific Listing, submitted through the Platform together with a personal presentation written by the Student, and requiring the Property Owner's express acceptance within the applicable window once valid payment or proof of payment has been received by Flatmaters. Silence or non-response by the Owner within the applicable window constitutes automatic rejection of the Booking Request.
"Currency Stability Fee" means a service fee retained by Flatmaters to cover the exchange rate risk between the Student's payment currency and the Listing Currency throughout the Semester Period. It applies only where the two currencies differ. Flatmaters absorbs ordinary fluctuations, subject to the material exchange rate volatility adjustment under Section 4.6. The Currency Stability Fee is not refundable.
"Final Price" means the total amount displayed to and payable by the Student, incorporating the Base Price, the Flatmaters service commission, and the Currency Stability Fee.
"Force Majeure" means an unforeseeable event entirely beyond a party's reasonable control that objectively and permanently prevents fulfillment of their contractual obligations. The specific scope, qualifying circumstances, and consequences of Force Majeure differ depending on the party affected and are defined: in Section 8.2 where the event affects the Property Owner; and in Section 9.3 where the event affects the Student.
"Good Faith Unforeseen Events" means the category of supervening unforeseen events that do not meet the Force Majeure threshold but that objectively prevent habitability of the Accommodation and are handled in good faith by the Owner. This category is governed autonomously in Section 8.3 and does not constitute Force Majeure in the strict sense.
"Common Expenses" means the expenses corresponding to maintenance, administration and shared services of the building or complex where the Accommodation is located (including, among others, maintenance of common areas, concierge, administration, lifts, gardening or community fees), governed under Section 12.4.
"Inventory" means the documented record of the Accommodation's condition, furnishings, and equipment prepared by the Property Owner and shared with the Student pursuant to Section 10.2.
"Listing" means the publication on the Platform, by a Property Owner, of an Accommodation (room, apartment, unit, or residential dwelling) offered for Booking.
"Property Rules" means the rules of use of the Accommodation established by the Property Owner and published in the Listing prior to Booking, including any financial penalties associated with specific verifiable violations.
"Listing Agreement" means the separate agreement accepted by the Property Owner upon publishing a Listing, which remains in force for the duration of any active Listing, confirmed Booking, ongoing rental, or unresolved Security Deposit.
"Payment Window" means the period during which monthly rent is due from the Student to Flatmaters, running between the 20th and the 25th. The applicable month depends on the start date of the Monthly Rental Period: where the Monthly Rental Period starts on the 15th of a month or later, the Payment Window is the 20th-25th of that same month; where the Monthly Rental Period starts before the 15th of a month, the Payment Window is the 20th-25th of the immediately preceding calendar month.
"Owner" means the natural or legal person who holds the account and the Listing on the Platform, regardless of the title under which they hold the authority to rent out the property. They may hold such authority by ownership title or by any other legally valid authorization, including legal title holder, administrator, tenant with sub-letting authority, agent, attorney-in-fact, authorised family member, or other person with valid authorisation.
"Reference Price" means the sum of the Base Price and the Flatmaters service commission, expressed in the Listing Currency. It constitutes the net price of the Accommodation before the application, where applicable, of the Currency Stability Fee.
"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 signed by the Student in accordance with Section 5.3.
"Monthly Rental Period" means each monthly billing period within the Semester Period. By default and unless otherwise specified in the Listing, each Monthly Rental Period runs from the 21st of one month to the 20th of the following month. The Listing may establish alternative start and end dates for the Monthly Rental Period applicable to a specific Booking (for example, from the 1st of one month to the last day of that month). The applicable dates are those specified in the confirmed Listing.
"Security Deposit" means the guarantee constituted upon the arrival of the Student and the signing of the Rental Agreement by the Student in accordance with Section 5.3, by re-designation of the Booking Fee. The Security Deposit is held in its entirety (100%) by Flatmaters as sole neutral custodian throughout the Semester Period. The Student has the right to restitution of the net balance after all validated deductions under Section 11.
"Semester Period" means the standard availability periods defined by the Platform (currently approximately February to July and July to December). Exact dates are specified per Listing. Some Listings may offer a shorter availability period, with a minimum duration of three months, upon the Owner's prior request to Flatmaters.
"Student" means any individual booking or seeking to book Accommodation through the Platform.
"Platform" means the Flatmaters website, booking systems, communication channels, CRM tools, applications, and all related digital services operated by Flatmaters.
"Services" means listing publication, booking facilitation, payment coordination, Rental Agreement generation, Security Deposit custody and management, mediation support, and related services provided by Flatmaters.
1.5 General Materiality Criterion
For purposes of interpreting these Terms and the other contractual documents, minor, cosmetic, or temporary matters that a reasonably diligent party would accept as part of the ordinary use of the Accommodation or the provision of the service shall not be considered material. This criterion applies to the qualification of Material Discrepancies (Section 10 of the Booking Conditions), to damage assessment (Section 11), and, in general, to the evaluation of any breach or circumstance liable to generate contractual consequences.
2. Scope of Services and Role of Flatmaters
2.1 Services Provided
Flatmaters provides the following services through the Platform: publication and international promotion of accommodation listings; digital marketplace for student accommodation searches; Booking Request management and confirmation; payment processing and coordination; generation of standardized Rental Agreements from Listing data; sole custody and management of the Booking Fee and Security Deposit; communication tools between users; mediation support in disputes; and review and rating systems.
2.2 Role of Flatmaters
Flatmaters operates exclusively as a digital intermediary platform and funds custodian. It is not a landlord, property owner, real estate agency, or property manager. Flatmaters does not own, lease, or possess any listed property.
Nothing in these Terms shall be interpreted as creating an agency, fiduciary, partnership, joint venture, employment, or property management relationship between Flatmaters and any user. The fact that Flatmaters coordinates payments, holds the Security Deposit as sole neutral custodian, generates standardized Rental Agreements, or assists in dispute resolution does not alter its nature as an intermediary platform. Flatmaters does not hold possession or control over any listed property, does not guarantee the performance of either party, and does not assume the legal obligations of a landlord, tenant, or property administrator under any applicable law.
Flatmaters does not guarantee the physical condition, maintenance, legality, habitability, or availability of listed properties. These responsibilities rest entirely with the Property Owner. Flatmaters does not manage immigration, visa, or residency matters.
2.3 Rental Agreement Generation and Acceptance
By publishing a Listing and accepting the Listing Agreement, the Owner authorises Flatmaters to generate Rental Agreements using the Listing data, in the form of the standard Rental Agreement template published by Flatmaters on the Platform, accessible at www.flatmaters.com/rental-agreement-template, and previously accepted by the Owner. For each Booking Request received, Flatmaters presents the corresponding Rental Agreement to the Owner for explicit acceptance through the Platform.
The Owner's acceptance of a Booking Request, as described in Section 5.2, constitutes the simultaneous acceptance and electronic signature of the specific Rental Agreement generated for that Booking. The Rental Agreement is perfected as a bilateral contract only upon the Student's signature in accordance with Section 5.3.
Flatmaters' role under this Section is limited to document generation, presentation, and custody. Flatmaters does not act as the Owner's agent or representative, does not negotiate pricing or terms on the Owner's behalf, and does not legally represent the Owner before the Student or any third party in any judicial or administrative proceeding. Flatmaters is not a party to the Rental Agreement. All legal rights and obligations arising from it remain exclusively between the Property Owner and the Student. Disputes between them that do not involve Flatmaters may be pursued directly under applicable local law.
By submitting a Booking Request, the Student accepts such template in the version then in force. The Rental Agreement generated for that specific Booking shall conform to the template, completed with the data from the Listing and the Booking Request.
Flatmaters may update the Rental Agreement template from time to time to reflect legal, technical, or operational changes. Updated versions will be published on the Platform with the revised effective date and will apply only to Booking Requests submitted after publication. Bookings already confirmed shall continue to be governed by the version of the template in force at the time of confirmation, without affecting either the Student or the Owner.
2.4 Platform Non-Intervention Principle
Flatmaters' role during the Semester Period is strictly 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 under Section 13.
Outside these cases, Flatmaters does not supervise, validate, or participate in day-to-day interactions between Owners and Students. The Property Owner manages the property directly, and the Student manages their occupation of the property directly. This non-intervention principle is essential to Flatmaters' nature as an intermediary platform and does not constitute abandonment of responsibility where these Terms expressly provide for Flatmaters' involvement.
3. Platform Accounts and Eligibility
3.1 Eligibility — Students
Students must be at least 18 years of age. By creating an account, the Student confirms they have the legal capacity to enter into binding agreements. At registration or Booking, Students may be required to provide: valid government-issued identification (passport or equivalent); proof of university enrollment or acceptance letter; and any other documentation reasonably requested by Flatmaters for verification.
In specific and exceptional cases, Flatmaters may facilitate bookings for individuals who do not qualify as students under this Section — for example, professionals on short-term assignments, researchers, or interns — where the nature of the stay is consistent with the Platform's purpose. In all such cases, the Property Owner will receive full information about the prospective tenant's profile and circumstances before the Booking Request is forwarded, and retains the right to accept or reject the Booking on the same terms as any other Booking Request under Section 5.2.
3.2 Eligibility — Property Owners
Property Owners must hold valid legal authority to list and rent the Accommodation (ownership title, power of attorney, management agreement, or equivalent). By publishing a Listing, the Owner warrants this. Flatmaters may request: government-issued identification; proof of ownership or authorisation; and any other documentation for verification.
The Owner may designate an operational representative authorised to coordinate day-to-day management, sign inventory records, receive notifications, and manage repairs. This designation does not transfer any of the Owner's contractual liabilities.
3.3 Account Responsibility
Users are responsible for maintaining the confidentiality of their credentials and for all activity through their accounts. Suspected unauthorised use must be reported to Flatmaters immediately.
3.4 Account Modification and Deletion
Users may modify or delete their accounts at any time, except: no account may be deleted while a Booking is in progress (from confirmation until the Security Deposit is fully resolved); and account deletion does not extinguish financial or contractual obligations arising from confirmed Bookings. Flatmaters may retain user data as required for legal, financial, or regulatory compliance.
3.5 Prohibited Activities
Users may not: provide false, misleading, or incomplete information; use the Platform for unlawful purposes; attempt to bypass Flatmaters' services or payment systems; contact counterparties outside the Platform to avoid commissions; sublet or transfer a reservation without authorisation; engage in fraudulent, abusive, or discriminatory behaviour; attempt unauthorised access to Platform systems; or create multiple accounts for the same person or entity.
3.6 Anti-Bypass and Commission Protection
Property Owners and Students 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 introduced through Flatmaters; renewals, extensions, or new agreements between parties who first connected through the Platform; and any arrangement designed to continue a rental relationship while avoiding Platform fees.
This obligation applies for 18 months from the later of: (a) the end of the last Booking through the Platform between the Owner and that Student — whether it ended by cancellation from either side, completion of the rental, or anything in between; or (b) the express or automatic rejection (including failure of the Owner to respond within the 24-hour acceptance window) of a Booking Request between the same parties, where no subsequent confirmed Booking occurred. This obligation covers any future rental between the same parties, whether or not a Booking was ever confirmed and regardless of how any prior interaction ended.
Where bypass is identified, Flatmaters may: invoice and collect from either party involved the full commission for the bypassed period, by deduction from the Booking Fee or the Security Deposit held in custody, set-off against any amounts pending payment to the Owner, or direct collection order against the responsible party; claim additional documented damages; immediately suspend or permanently terminate accounts; and pursue legal action. For collection purposes, the commission corresponding to the bypassed period is calculated on the basis of the monthly Base Price applicable to the last Booking between the same parties or, failing that, to the published Listing, multiplied by the actual duration of the bypassed rental and, where such duration is not evidenced, by a minimum duration equivalent to one Semester Period.
This obligation survives termination of these Terms or closure of any account.
3.7 Reviews and Ratings
Upon completion of a stay, both Students and Property Owners may submit a review through the Platform. Reviews must be truthful, respectful, and based on direct experience. Flatmaters may remove reviews containing false information or abusive content but does not edit review content.
3.8 Identity Verification, Fraud Prevention and AML Compliance
Flatmaters conducts identity verification and fraud prevention checks on users, acting on its legitimate interest in platform integrity and financial risk management. Automated fraud detection flags are subject to human review before any action is taken. Users must cooperate with verification requests. Failure to cooperate may result in account suspension pending completion of verification.
4. Listings
4.1 Listing Agreement
To publish a Listing, Property Owners must accept the Listing Agreement, which supplements these Terms and governs the specific terms of the Owner's participation. The Listing Agreement remains in force for the duration of any active Listing, confirmed Booking, ongoing rental, or unresolved Security Deposit.
4.2 Listing Requirements
Owners must provide complete, accurate, and truthful information, including: current photographs representing the real condition of the Accommodation; accurate descriptions of size, layout, and furnishings; exact location and accessibility; a clear specification of utilities and services (fully included; included up to a defined monthly cap per Student with the cap amount and calculation method clearly stated; or paid directly by the Student); the applicable Common Expenses regime under Section 12.4 (included in the price or, where the entire property is rented and they are excluded, indication of the approximate monthly reference amount); all applicable Property Rules; whether the Owner or any permanent occupant resides in the property; occupancy limits; and any condition or charge that may materially affect the Student's use or enjoyment. All Listing information must be kept up to date. Once a Booking is confirmed for any unit within a property, no Listing terms may be modified for that Booking or for any other unit in the same property.
4.3 Pre-Listing Property Declaration
By publishing a Listing, the Owner declares and warrants that at the time of publication: the property is free of known pest infestations; there are no known active leaks of any kind, damp issues, or flooding damage affecting habitability; there are no known structural defects affecting the safety or habitability of the Accommodation; the property complies with applicable local habitability and safety standards; there are no pending judicial or administrative proceedings that affect the ability to rent the property; and the Listing identifies and expressly discloses any permanent or long-term occupants of the Accommodation other than the Student (the Owner themselves, the Owner's family members, other tenants, resident service staff, etc.), as well as any non-sporadic presence of third parties that may affect the Student's use of the Accommodation. Failure to disclose such occupants constitutes a materially false declaration and may trigger the Material Discrepancy procedure under Section 10.3 if discovered by the Student upon arrival.
If the Owner made materially false declarations and subsequently seeks to invoke the good faith cancellation protections under Section 8.3, those protections will not apply and the standard graduated penalties under Section 8.4 will apply in full.
4.4 Property Rules
Property Rules are established exclusively by the Property Owner and published in the Listing before any Booking is confirmed. By confirming a Booking, the Student accepts the Property Rules as published. The Property Rules are deemed additional to and complementary with the baseline rules applicable to any Accommodation set out in Section 15.2, which continue to apply regardless of the specific Property Rules published.
Property rules may include financial penalties for specific, verifiable violations, provided that: (a) each penalty amount and its precise triggering condition are clearly specified in the Listing before the Booking; (b) the penalty is reasonable and proportionate to the violation; (c) penalties do not apply to conduct that is the Owner's maintenance or repair responsibility; and (d) 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 the Security Deposit under Section 11.
Rules must not violate applicable local law or infringe occupants' mandatory legal rights; must not unreasonably restrict normal residential use of the Accommodation; and must not introduce conditions that would have been material to the Student's Booking decision had they been known at the booking.
Where the Accommodation is located within a building or complex subject to a co-ownership or community management regime (reglamento de copropiedad or equivalent), the Student acknowledges that community rules applicable to occupants may exist and may not be fully reproduced in the Listing. By confirming a Booking, the Student agrees to comply with the applicable community rules throughout their stay. The Owner must inform the Student of the existence of such rules at or before arrival. The Student may request a copy of the applicable community rules from the building administration at any time.
4.5 Intellectual Property of Listing Content
By uploading content to the Platform, the Owner grants Flatmaters a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for operating, promoting, and marketing the Platform. The Owner warrants they hold all necessary rights over uploaded content.
4.6 Pricing and Taxes
The Property Owner sets the Base Price in their chosen currency (the "Listing Currency"), which constitutes the actual underlying currency of the Accommodation. Flatmaters adds its service commission and, where applicable, the Currency Stability Fee (as defined in Section 1.4) to produce the Final Price displayed to the Student in the payment currency chosen by them. For transparency, Flatmaters also displays to the Student, alongside the Final Price, the Reference Price in the Listing Currency, equivalent to the sum of the Base Price and the service commission. The Final Price displayed to the Student constitutes a projection calculated at the exchange rate applicable on the date of the Booking, based on the Base Price in the Listing Currency.
The Final Price is fixed once a Booking is confirmed and may not be modified for that Booking, save as provided in the following paragraph.
Material exchange rate volatility adjustment clause. The Student acknowledges and accepts that the Final Price in their payment currency is calculated on the basis of the Base Price denominated in the Listing Currency. Flatmaters undertakes to maintain the Final Price initially communicated to the Student throughout the entire duration of the Booking, absorbing the ordinary exchange rate fluctuations between the Listing Currency and the Student's payment currency. As an economic safeguard measure, Flatmaters reserves the right to adjust the Final Price only where the exchange rate between the Listing Currency and the Student's payment currency varies by more than 10% from that of the date of the Booking, in either direction, during the duration of the Booking. The exercise of this right is neither automatic nor mandatory: Flatmaters may choose not to apply the adjustment and to maintain the Final Price where it remains economically sustainable. Where applied, the adjustment shall be limited strictly to the exchange rate difference exceeding such threshold, without any additional margin, and may operate both upward and downward. Flatmaters will notify the Student of the new Final Price at least 5 calendar days before the next monthly charge. This mechanism constitutes transparent application of the Listing Currency as the underlying currency and does not amount to a modification of the Base Price, which remains unchanged throughout the duration of the 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 the Student prior to payment.
Service taxes on Flatmaters' commission: The Final Price may include applicable consumption taxes (VAT or equivalent) on Flatmaters' service commission arising from Flatmaters' provision of intermediary services. Where applicable, such taxes are separately identifiable in the pricing breakdown and are remitted by Flatmaters to the relevant tax authority.
Taxes on rental income: All taxes applicable to the Property Owner's rental income — including but not limited to income tax, property taxes, and any VAT or equivalent local consumption tax applicable to rental activity in the jurisdiction where the property is located — are the Owner's exclusive responsibility. Flatmaters does not assume any tax liability on behalf of Owners and does not act as the Owner's tax agent or representative.
Tax withholding at Owner's request: At the Owner's written request, Flatmaters may, where technically and operationally feasible, apply tax withholding on the rental amounts transferred to the Owner, deducting the corresponding tax percentage and issuing documentation to support the Owner's tax compliance. This service is provided as an administrative facilitation only and does not constitute tax advice. Owners are strongly encouraged to seek independent tax advice regarding their obligations in the relevant jurisdiction.
5. Booking Process
5.1 Availability Calendar
Property Owners are solely responsible for managing the availability calendar for each Listing. By opening a calendar period, the Owner signals availability and willingness to receive Booking Requests. Double bookings and false availability are strictly prohibited and constitute a material breach of the Listing Agreement.
5.2 Booking Request and Payment Window
When a Student wishes to book a Listing, the following two-stage process applies:
Stage 1 — Reservation and Payment Window (24 hours). When the Student initiates a Booking Request, they must write a brief personal presentation (background, university, purpose of stay) which will be shared with the Property Owner. The Listing is immediately taken offline and marked as pending, so that no other Student can book the same Accommodation during this period. The Student then has 24 hours from the time of the Booking Request to either: (a) complete payment of the Booking Fee in full; or (b) provide Flatmaters with a valid proof of payment (bank transfer confirmation or equivalent). If neither is received in time, the Booking Request is automatically voided and the Listing returns to active status. No financial penalty applies to the Student in this case.
Stage 2 — Owner Acceptance Window (24 hours). Once valid payment or proof of payment is received by Flatmaters, the Booking Request — together with the Student's presentation — is forwarded to the Property Owner. The Owner must respond within 24 hours of receipt by taking one of the following actions through the Platform:
- Accept: by clicking the explicit acceptance button, the Owner simultaneously (i) confirms acceptance of the Booking Request and (ii) signs the Rental Agreement specific to this Booking in the form of the template previously accepted under the Listing Agreement. This dual effect is expressly acknowledged by the Owner at the moment of acceptance. The Booking is then confirmed.
- Reject: by clicking the rejection option, the Booking Request is dismissed, the Student receives a full refund of the Booking Fee, and the Listing returns to active status. No financial penalty applies to either party.
If the Owner does not respond within 24 hours, the Booking Request is automatically rejected. The Student receives a full refund of the Booking Fee and the Listing returns to active status. Silence does not constitute acceptance. Repeated non-response may result in suspension or removal of the Listing under Section 5.4. Flatmaters monitors rejection patterns and acts on discriminatory behaviour.
The total maximum time from Booking Request initiation to confirmation is 48 hours. Both windows run independently.
5.3 Booking Confirmation, Rental Agreement Formation and Student Signature
A Booking is confirmed upon the Owner's express acceptance through the Platform as described in Section 5.2. From that moment: the Accommodation is reserved exclusively for the Student for the agreed Semester Period; the Owner is legally bound to make the Accommodation available; no Listing terms may be modified for that Booking; and the Rental Agreement — already signed by the Owner at the moment of acceptance — is made available to both parties through the Platform.
Arrival Date Declaration (mandatory). The Student is required to declare a specific arrival date through the Platform. This declaration is mandatory. The declared arrival date cannot be earlier than the start date of the Semester Period specified in the Listing and cannot be later than 30 calendar days after that date. If the Booking is made after the Semester Period has already started, the arrival date must be declared at the moment of Booking and cannot be later than 30 calendar days from the date of Booking. Flatmaters will notify the Student at least 7 calendar days prior to the start date of the Semester Period where no arrival date has been declared, expressly warning of the consequence set out below. If, after such notice, the Student still fails to declare an arrival date within the applicable window, the Student is deemed to have declared the start date of the Semester Period as the arrival date, and all consequences applicable from that date apply accordingly.
Student Signature of the Rental Agreement. Once the Student has declared their arrival date, the Rental Agreement becomes available for the Student's electronic signature through the Platform. The Student may sign at any time between declaring the arrival date and their physical arrival at the property. The Student may also sign upon physical arrival, but must do so no later than 24 hours after entering the property. When signing, the Student expressly acknowledges: (a) the Rental Agreement has as its subject matter the lease of accommodation for residential use and is excluded from the scope of Directive 2011/83/EU pursuant to its Article 3.3(f), so that the right of withdrawal does not apply; (b) as regards the Flatmaters intermediation service, the Student has expressly requested its immediate performance and the right of withdrawal is extinguished upon the Owner's confirmation of the Booking under Article 16(a) of Directive 2011/83/EU and equivalent local provisions; and (c) the right to report material discrepancies under Section 10.3 within 24 hours of arrival is preserved in full and unaffected by the timing of signature.
Consequences of non-signature. If the Student does not sign the Rental Agreement within 24 hours of physical arrival at the property, and has not communicated to Flatmaters any situation qualifying as Student Force Majeure under Section 9.3 that genuinely prevents signature, the Student is deemed to have renounced the Booking. The Booking Fee is forfeited in accordance with Section 9.2 and the Owner is released from the obligation to make the Accommodation available from that moment. The foregoing is without prejudice to the anti-bypass provisions of Section 3.6, which continue to apply.
Owner's duty to procure signature. The Owner is required to request from the Student the signature of the Rental Agreement within 24 hours of physical arrival at the Accommodation. If the Student remains at the Accommodation without signing after 24 hours and the Owner has neither diligently demanded the signature nor reported it to Flatmaters, bypass shall be presumed under Section 3.6. In such case, Flatmaters may cancel the Booking, apply the Booking Fee held in custody towards the evaded commission and documented damages, and apply to the Owner the other consequences of Section 3.6.
The staged formation of the Rental Agreement does not affect the Owner's obligations arising from Booking confirmation, including the cancellation penalties in Section 8, nor does it affect the Student's obligation to pay the first month's rent in accordance with Section 6.2. Consequences of the Student's non-arrival are governed by Sections 9.1 and 9.2.
5.4 Owner Engagement Obligation and Inactivity Protocol
By maintaining an active Listing on the Platform, the Owner undertakes to respond to each Booking Request within the 24-hour window established in Section 5.2, either by accepting or rejecting it. This engagement obligation is a material condition of the Listing Agreement.
Repeated non-response impairs the student experience and the operational functioning of the Platform. The following protocol applies:
- First non-response: no immediate action. Treated as an isolated event.
- Second consecutive non-response, or third non-response within any 6-month period: Flatmaters sends the Owner an automated notification drawing attention to the pattern and offering assistance.
- Third consecutive non-response, or fourth non-response within any 6-month period: Flatmaters contacts the Owner directly. The Owner has 7 calendar days to provide a valid explanation (illness, travel, technical issue, or equivalent) and to commit in writing to active engagement going forward. Absence of a satisfactory response results in formal notice of Listing suspension.
- Continued non-response after formal notice: the Listing is removed from the Platform. The Owner may apply for reactivation by contacting Flatmaters and demonstrating readiness to engage actively. Reactivation is at Flatmaters' sole discretion.
Suspension or removal for non-responsiveness does not generate a financial penalty to the Owner and does not affect any confirmed Bookings already in force at the time of suspension. Flatmaters reserves the right to adjust the thresholds above if operational patterns make different thresholds appropriate, with prior notice to active Owners.
5.5 Semester Periods
Accommodations are offered exclusively on a full Semester Period basis. Partial semester rentals are not accepted unless otherwise agreed in writing with Flatmaters. The monthly rent applies to all months of the Semester Period, including any partial months resulting from arrival or departure timing.
5.6 Consecutive Bookings with the Same Student
Each Booking is an independent contract generating its own Rental Agreement, Booking Fee, and Security Deposit cycle. A Student who has completed or is completing a stay may initiate a new Booking Request for a subsequent Semester Period, which will be processed as a new Booking following the standard procedure in Section 5. The anti-bypass obligation in Section 3.6 applies to any continuation of a rental relationship with the same Owner outside the Platform framework.
6. Payments — Students
6.1 Booking Fee
To confirm a Booking, the Student must pay a Booking Fee equivalent to one month of rent at the Final Price. The full Booking Fee is held by Flatmaters as sole custodian from the moment of receipt, until the Student arrives at the property. This custody arrangement ensures compliance with contractual obligations by all parties and provides a fair mechanism for allocating losses in the event of non-performance.
If the Student does not arrive at the property without a confirmed Force Majeure reason under Section 9.3, the Booking Fee is applied as indemnification for the losses caused by the non-arrival. The justification for this forfeiture 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; and 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 — these are the Student's funds held in custody to which the Owner is entitled 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 (marketing, student acquisition, Booking processing, administrative management, and custody). Flatmaters is not paying the Owner from its own resources in this process: it is distributing held third-party funds in accordance with the agreed allocation. The anti-bypass clause in Section 3.6 also applies: where a Student attempts to bypass the Platform and this results in non-arrival or non-payment, the full forfeiture applies.
If the Student arrives and signs the Rental Agreement, the full Booking Fee is re-designated as the Security Deposit. This re-designation constitutes a contractual reassignment of the economic purpose of the funds held in custody, without alteration of their ownership: the same amount transitions from a pre-arrival compliance guarantee to a habitability and performance guarantee, and continues to be held in its entirety by Flatmaters.
In confirmed Force Majeure cases under Section 9.3, the Booking Fee forms part of the total amount held and is included in the restitution process described in that section.
6.2 Monthly Rent Payments
By default and unless otherwise specified in the Listing, each Monthly Rental Period runs from the 21st of one month to the 20th of the following month. The Listing may establish alternative start and end dates for the Monthly Rental Period (for example, from the 1st of one month to the last day of that month).
Regardless of the dates of the Monthly Rental Period, monthly rent is always paid within the same Payment Window: between the 20th and the 25th. The applicable month is determined by the start date of the Monthly Rental Period: where the Monthly Rental Period starts on the 15th of a month or later, rent is due between the 20th and 25th of that same month; where the Monthly Rental Period starts before the 15th of a month, rent is due between the 20th and 25th of the immediately preceding calendar month. Examples: rent for a Monthly Rental Period running from 21 March to 20 April is due between 20 and 25 March; rent for a Monthly Rental Period running from 1 March to 31 March is due between 20 and 25 February; rent for a Monthly Rental Period running from 15 March to 14 April is due between 20 and 25 March. In all cases, payments fall within a few days of the start of the period to which they correspond.
The first monthly payment is due no later than the Student's physical arrival at the property, regardless of when the Rental Agreement is signed by the Student. If the Student arrives 7 or more calendar days after the official start date of the Semester Period, the first monthly payment must instead be completed within the Payment Window applicable to the first Monthly Rental Period, prior to the Student's arrival.
Since payment transfers may not be instantaneous, Flatmaters recommends that Students send proof of payment before the 25th to avoid late payment flags during processing.
6.3 Late Payment Penalty and Termination
If the monthly rent is not received by Flatmaters by the 25th, 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, subject to judicial moderation where required.
If the full payment has not been received by the last calendar day of the month, Flatmaters may initiate termination procedures in accordance with applicable law. Upon confirmed termination for non-payment, the Student forfeits the Security Deposit in full. Exceptions to these provisions require prior written acceptance by Flatmaters.
6.4 Advance Payments
Students may pay multiple months in advance solely at their own request. Such advance payments are only refundable in cases of confirmed Force Majeure under Section 9.3.
6.5 Payment Methods
Students may pay by bank transfer or credit/debit card. Card payments may incur a processing surcharge, displayed clearly prior to confirmation. Flatmaters uses third-party payment processors including Wise and international bank transfer systems. Flatmaters is not responsible for delays, fees, or deductions applied by third-party providers.
6.6 Refund Timelines
Refund timelines depend on the nature of the event triggering the refund:
- (a) Pre-arrival refunds. Where a Booking Request is rejected, a Booking is cancelled before the Student's arrival, or a pre-arrival Force Majeure event 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.
- (b) Mid-stay and end-of-stay refunds. Where a refund arises after the Student has arrived 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 11.2, according to the timelines and stages established therein.
- (c) Third-party invoice adjustments. Where utility charges or similar third-party invoices are not yet available at the time of refund under (a) or (b), Flatmaters may retain a reasonable estimated amount pending final documentation, refunding the retained balance within 10 business days of receipt of the final invoice.
Actual receipt by the Student depends on banking and payment provider processing times which are outside Flatmaters' control.
7. Payments — Property Owners
7.1 Monthly Rent Transfers
Subject to receipt of the corresponding Student payment, Flatmaters transfers each monthly rent payment to the Property Owner between the 1st and 7th day of the calendar month immediately following the applicable Payment Window. Examples: rent corresponding to a Monthly Rental Period running from 21 March to 20 April (Payment Window 20-25 March) is transferred between 1 and 7 April; rent corresponding to a Monthly Rental Period running from 1 March to 31 March (Payment Window 20-25 February) is transferred between 1 and 7 March; rent corresponding to a Monthly Rental Period running from 15 March to 14 April (Payment Window 20-25 March) is transferred between 1 and 7 April. Before transferring, Flatmaters deducts its commission, applicable conversion fees, and any other amounts validly owed by the Owner. Payments are strictly conditional upon Flatmaters receiving the corresponding Student payment.
Late payment transfers. Where the Student pays a monthly instalment late and the transfer to the Owner for that Payment Window has already passed, Flatmaters will transfer to the Owner the amounts actually received from the Student within 24 hours of receipt, after deducting the items provided for in this Section. If the amount received from the Student is partial, Flatmaters will transfer the corresponding proportional part to the Owner; the remaining balance will likewise be transferred within 24 hours of actual receipt.
7.2 Monthly Settlement Statement
Flatmaters will provide the Owner with a monthly rental settlement statement through the Platform, showing the amount of the Base Price received in custody from the Student for that Booking, applicable adjustments (amounts validly owed by the Owner, set-off deductions or other legitimate additions or discounts), and the net amount transferred to the Owner. This statement is provided exclusively to facilitate the Owner's traceability and own tax compliance and does not constitute tax advice or a tax invoice issued by Flatmaters on the Owner's behalf.
By publishing a Listing and accepting the Listing Agreement, the Owner confirms and acknowledges that: (a) the Base Price set by the Owner is the gross price including all taxes applicable to the Owner's rental activity; (b) the Owner is solely responsible for determining the tax treatment applicable to rental income under their specific tax regime; (c) the Owner is solely responsible for issuing any invoices, tax documents, or receipts required under applicable law; and (d) the Owner is solely responsible for declaring and paying all applicable taxes, including income tax, VAT or equivalent, and any other tax applicable to the rental of the property in the relevant jurisdiction. Flatmaters does not assume any tax liability on behalf of the Owner.
7.3 Booking Fee Re-designation upon Arrival
Upon the start of the Semester Period and confirmed arrival and signature of the Rental Agreement by the Student, the Booking Fee is re-designated as Security Deposit and continues to be held in full by Flatmaters in accordance with Section 11. If the Booking is cancelled or the Student does not arrive, the Booking Fee is distributed in accordance with Sections 9.1, 9.2, or 9.3 as applicable.
7.4 Commission
The applicable commission percentage is communicated at Listing publication and covers Platform operation, marketing and student acquisition, Booking management, Rental Agreement generation, payment processing, Security Deposit custody, and operational support. Commission applies to all reservations generated through the Platform, including any continuation within the 18-month anti-bypass period.
7.5 Currency, Payout Account and Transfer Costs
Payments to the Owner are made in the currency chosen by the Owner upon publishing the Listing, within the currencies operationally available to Flatmaters from time to time (currently EUR, USD and CLP, subject to reasonable update by Flatmaters with prior notice). The Owner may change the payout currency for future Bookings by written request to Flatmaters, subject to operational availability. The payout currency applicable to a confirmed Booking already in progress may not be changed, even where the alternative currency requested is one of the operationally available currencies, save with Flatmaters' express written acceptance.
The Owner is solely responsible for: (i) holding a bank account capable of receiving payments in the chosen currency in their jurisdiction of domicile; (ii) bearing any banking fees, international transfer costs, currency conversion costs, banking or tax withholdings, maintenance charges or other operational costs applied by the receiving bank or by the foreign exchange regulations of the destination country; and (iii) complying with the foreign exchange, tax and regulatory rules applicable in their jurisdiction in relation to receipts from abroad, including reporting, invoicing and currency liquidation obligations.
Flatmaters transfers the amount corresponding to the Base Price net of its commission and, where applicable, of any amounts validly owed by the Owner under these Terms, in the chosen currency and to the account indicated by the Owner. Any difference between the amount transferred by Flatmaters and the amount actually credited to the Owner's account arising from the foregoing factors is the sole responsibility of the Owner and may not be claimed against Flatmaters.
7.6 No Guarantee of Occupancy
Flatmaters does not guarantee occupancy, booking volume, or rental income. Publishing a Listing creates no obligation on Flatmaters to secure Students. Flatmaters' obligation is limited to publishing the Listing and making it visible to the Platform's user base.
7.7 Payment Defaults by Students
Flatmaters does not guarantee rent payments by Students. Flatmaters will make reasonable efforts to follow up on late payments but does not assume financial liability in the event of non-payment. Where the Student defaults, Flatmaters may apply the termination process in Section 6.3 and coordinate the damage and deposit process in Section 11 accordingly.
8. Property Owner Cancellation and Penalties
8.1 Commitment to Confirmed Bookings
Once a Booking is confirmed, the Property Owner is legally bound to make the Accommodation available on the agreed dates and terms. The following situations are treated as Owner cancellations regardless of their cause: failure to deliver the property at the start of the Semester Period or on the agreed arrival date; withdrawal after Booking confirmation; inability to access the listed unit at any time during the Semester Period for any reason attributable to the Owner; early termination of an ongoing stay for reasons attributable to the Owner; and any circumstance that prevents the Student from occupying the property as agreed.
Flatmaters recognises three categories of Owner cancellation, each with different consequences. The category that applies depends on the nature and circumstances of the cancellation.
8.2 Category A — Owner Force Majeure (no financial penalty)
"Force Majeure" means an extraordinary event entirely outside the Owner's reasonable control that makes the Accommodation completely impossible to inhabit and could not have been reasonably prevented or mitigated. Events that merely complicate use, require repairs, or cause partial disruption do not qualify under this Category; they may qualify under Category B (Section 8.3).
Force Majeure Events include: natural disasters; declared epidemics, pandemics (including novel strains or recurrences), and public health emergencies declared by competent authorities; war, terrorism, or severe civil unrest; government-mandated closures or border restrictions preventing habitability; structural destruction not attributable to Owner negligence or omission; and sustained failure of essential utilities not caused by the Owner. Foreseeability is assessed at the time of each Booking. The prior occurrence of similar events (including COVID-19) does not render future events foreseeable where their specific impact could not have been reasonably anticipated.
The following events qualify and release the Owner from financial penalty, provided official documentation is submitted to Flatmaters immediately upon the event arising. The list is exhaustive.
- Official declaration of uninhabitability by a competent authority resulting from a natural disaster, seismic event, flood, fire, or structural collapse not attributable to the Owner's negligence or omission. Required: official declaration from the competent authority.
- Government requisition or expropriation of the property by a competent public authority. Required: official requisition or expropriation order.
- Court order prohibiting rental of the property for reasons not attributable to the Owner's prior conduct or omission. Required: official court order.
- Total destruction of the property rendering it physically non-existent, certified by a competent authority. Required: official certification.
Consequence: the Owner must refund to the Student all amounts received corresponding to the period not yet enjoyed by the Student at the time the Force Majeure event occurs. Amounts corresponding to periods already occupied are not refundable. No additional financial penalty applies to either party. Flatmaters returns to the Student the amounts it still holds in custody for the Booking (the Booking Fee or Security Deposit and any advance rent not yet transferred); amounts already transferred to the Owner are refunded directly by the Owner to the Student. Flatmaters may, at its sole discretion and without any obligation, provide the Student with information on other available listings on the Platform.
8.3 Category B — Good Faith Unforeseen Events
This category applies to events that are genuinely unforeseen, arise after Booking confirmation, are not attributable to the Owner's negligence or omission, and objectively prevent the habitability or safe use of the Accommodation. All of the following conditions must be met for this category to apply:
- The event was genuinely unknown to the Owner at the time of Booking confirmation and could not have been discovered through reasonable diligence
- The Owner notifies Flatmaters in writing immediately upon discovery — and in any event before the start of the Semester Period (for pre-arrival events), or within 24 hours of discovery (for events arising during an ongoing stay)
- The event objectively prevents habitability or creates a genuine documented safety risk. Documentation must be provided within 5 business days of notification and may include: photographs or videos clearly evidencing the issue; independent professional reports where relevant (pest control certificate, licensed engineer's or plumber's report, police report, or equivalent); or any other evidence that allows Flatmaters to assess the nature and severity of the issue objectively
Events that may qualify (non-exhaustive): discovery of serious pest infestation; serious leak or flooding damage; theft or break-in compromising essential security or access; structural defect identified by expert inspection; persistent failure of essential utilities (water, electricity, etc.) that cannot reasonably be restored within a short timeframe.
The Owner must notify Flatmaters immediately upon discovery, stating clearly whether the issue is solvable before the Student's arrival date or not. Flatmaters will then inform the Student. The 5-day decision window below runs from the date of the Owner's notification to Flatmaters.
If the Owner notifies that the issue has no practical solution and it objectively prevents habitability: Section 8.2 (Category A) applies and the Booking is cancelled without financial penalty to either party. Flatmaters refunds the Student in full for all amounts received.
If the issue may be solvable: both parties have 5 calendar days from the Owner's notification to Flatmaters to decide whether to continue with the Booking. If either party decides not to continue: the Booking is cancelled without financial penalty to either party; Flatmaters returns the full Booking Fee to the Student; no penalty months under Section 8.4 apply. If both parties agree to continue: the Owner has 20 calendar days to resolve the issue fully. If the Owner fails to act or acts with omission during that 20-day period: Category C penalties apply to the Owner under Section 8.4. If the Owner has acted with diligence and good faith but has not yet fully resolved the issue at day 20: both parties have a further 5 calendar days to decide again. If either decides not to continue: cancelled without penalty. If both continue a second time: the Owner has a further 20 calendar days. If the issue remains unresolved after this extended period — regardless of good faith — Category C penalties apply to the Owner under Section 8.4.
If the Student decided to continue (at either the first or second opportunity) but arrives to find the issue still unresolved, the Student has the right to cancel without penalty at any time while the issue remains unresolved, paying only a proportional amount for days actually occupied.
Either the Owner or the Student may notify Flatmaters upon discovery of the issue. The Owner must begin resolution without delay.
The Owner has 20 calendar days from notification or detection of the issue to resolve it in full. If the Owner fails to act or acts with omission during this period: the Student may arrange the repair at the Owner's cost. If after 40 calendar days from notification or detection the issue remains unresolved and the Owner has not acted in good faith throughout: Category C penalties under Section 8.4 apply to the Owner. If the Owner has acted in good faith throughout but the issue remains unresolved at day 40, Flatmaters assesses the situation acting reasonably and in good faith, considering the nature of the issue and the remediation efforts made.
From the moment the Student is notified of or detects the issue, the Student may decide at any time to depart without cancellation penalty while the issue remains unresolved, paying only the proportional rent for days actually occupied. The Security Deposit is processed under the standard damage assessment under Section 11.
In all Category B scenarios, the bypass provisions of Section 3.6 apply if the Owner and Student attempt to resolve matters outside the Platform framework. In all cancellation situations under this Section — whether initiated by the Owner or the Student — Flatmaters may, at its sole discretion and without obligation, offer mediation to assist the parties in finding an agreed solution before any penalty or cancellation takes effect.
This category is conditional on the accuracy of the pre-listing property declaration under Section 4.3. If the Owner made materially false declarations at Listing time, Category B does not apply and Category C penalties apply in full to the Owner under Section 8.4.
8.4 Category C — Standard Cases (graduated penalties)
All cancellations not qualifying under Category A or Category B are subject to the following graduated penalties. Penalties are calculated on the monthly Base Price per unit reserved and constitute a reasonable pre-estimate of the damages resulting from Owner cancellation of a confirmed fixed-term booking, taking into account the impact on the Student and Flatmaters' operational costs. Where required by mandatory applicable law, these penalties may be adjusted, but shall in all cases serve as the reference basis for damages.
90+ calendar days before start: No additional financial penalty. The Owner must refund all amounts received in full, to the maximum extent permitted by applicable law.
30-89 calendar days before start: The Owner must refund all amounts received in full and additionally pay a penalty of 1 month of Base Price, to the maximum extent permitted by applicable law.
Fewer than 30 calendar days before start: The Owner must refund all amounts received in full and additionally pay a penalty of 2 months of Base Price, to the maximum extent permitted by applicable law.
At or after arrival, or during stay: The Owner must refund the amounts received corresponding to the period not yet occupied and additionally pay a penalty of 3 months of Base Price, to the maximum extent permitted by applicable law. Where a material discrepancy is confirmed under Section 10.3, the remedy in Section 10.3 prevails over this provision (Student receives 2 months of Base Price as indemnification and Flatmaters retains 1 month of Base Price as platform compensation, totalling 3 months as set out in Section 10.3). Flatmaters may, at its sole discretion and without any obligation to secure alternative accommodation, provide the Student with information on other available listings on the Platform.
These penalties constitute minimum compensation and do not limit the right of affected parties to claim additional documented losses. Flatmaters reserves the right to deduct applicable penalties directly from amounts owed to the Owner and may apply set-off without prior notice.
8.5 What Does Not Exempt
The following circumstances do not qualify for Category A or Category B protection and are subject to Category C penalties in full:
- Decision to sell the property
- Finding a more convenient or financially advantageous tenant outside the Platform
- Personal, family, or financial circumstances of the Owner that do not prevent the rental
- Known defects, infestations, or habitability issues that existed at the time of Listing and were not disclosed
- Maintenance failures attributable to the Owner's own omission
- Expiry of any license, permit, or registration required to rent the property
- Disagreements with the Student about Listing terms that were fully disclosed before Booking
- Insolvency, liquidation, or dissolution of the Owner (whether voluntary or judicial), without prejudice to the following paragraph
Death of the Owner as natural person and insolvency, liquidation, or dissolution of the Owner as legal entity. Upon death of an Owner who is a natural person, the Rental Agreement shall subsist against the heirs or legal successors, who shall assume the Owner's obligations for the remaining period, unless performance becomes objectively impossible. In the case of insolvency, liquidation, or dissolution of an Owner that is a legal entity that objectively prevents continuity of the rental activity, the exceptional application of the Force Majeure regime may likewise be requested. In both cases, objective impossibility shall be assessed by Flatmaters with reasonableness and, if confirmed, shall give rise to the application of the Owner Force Majeure regime (Section 8.2).
9. Student Cancellation and Early Departure
9.1 Cancellation Before Arrival
The Booking Fee is non-refundable to the Student in all standard cancellation cases (where neither Student Force Majeure nor a cancellation attributable to the Owner under Section 8 applies). Upon cancellation before arrival absent the circumstances mentioned above, the Student forfeits the Booking Fee. From the amount held by Flatmaters, the Owner receives the portion corresponding to the Base Price as compensation for the removal of the Accommodation from the market, and Flatmaters retains the portion corresponding to its service commission and, where applicable, the Currency Stability Fee, as compensation for the operational and administrative costs incurred, in accordance with the allocation described in Section 6.1. If the Student has paid monthly rent in advance at their own request, such amounts may be refunded in cases of confirmed Force Majeure under Section 9.3.
9.2 Student No-Show
If the Student fails to arrive on the agreed start date without prior communication or a confirmed Force Majeure reason, the Booking may be treated as cancelled, with the consequences set out in Section 9.1.
9.3 Force Majeure — Student: Qualifying Circumstances
Force Majeure, for the purposes of these Terms, is defined strictly as a circumstance that is: (a) entirely beyond the Student's control; (b) not foreseeable at the time of Booking; and (c) that objectively and permanently prevents the Student from continuing to reside at the Accommodation. Because Force Majeure circumstances are by definition unforeseen and may require immediate action, no advance notice period is required. The Student must contact Flatmaters as soon as the situation arises and provide the relevant documentation as promptly as possible. The following is an exhaustive and closed list of qualifying circumstances.
(i) Serious physical incapacity: serious illness or injury arising after the Booking that results in a permanent or long-term physical disability making the specific Accommodation objectively unsuitable — for example, a medically certified need for wheelchair access or mobility adaptation in a property that is not and cannot be adapted. Temporary illness, conditions that do not prevent residential use, or preference for a different Accommodation do not qualify. Required documentation: medical certificate from a licensed physician or duly accredited medical professional under the regulatory system of the country of issuance, specifying the incapacity, its permanent or long-term character, and its incompatibility with the specific Accommodation.
(ii) Government-mandated restriction on remaining in the country: a binding order from a competent authority that legally prevents the Student from remaining in the country where the Accommodation is located — such as a border closure or deportation order. Voluntary departure, permit expiry due to the Student's own inaction, or personal decisions to leave the country do not qualify. Required documentation: official resolution from the issuing authority.
(iii) Involuntary loss of university enrollment: loss of enrollment caused exclusively by the closure, dissolution, or loss of accreditation of the institution or academic program, officially certified. Voluntary withdrawal, academic failure, disciplinary exclusion, or any change of institution or program by the Student's own decision do not qualify under any circumstances. Required documentation: official certificate from the institution.
(iv) Official declaration of uninhabitability: declaration by a competent authority resulting from a natural disaster, fire, or structural failure not attributable to the Student or their guests. Required documentation: official declaration from the competent authority.
(v) Severe civil, political, military, or social unrest: severe civil, political, military, or social unrest in the country where the property is located, officially acknowledged by the local government, the European Union, the Student's country of origin, or a competent international organisation, where such unrest objectively compromises the Student's physical safety or ability to continue the exchange program. Personal assessment of risk or general political instability not officially acknowledged does not qualify. Required documentation: official travel advisory, government declaration, or equivalent from a recognised authority.
(vi) General collapse of essential services: general collapse of electricity, water, transportation, healthcare, or equivalent essential services in the city where the property is located, for a sustained period of 15 or more consecutive days, documented by official sources, that objectively prevents normal occupation of the Accommodation. Required documentation: official declaration or report from the relevant authority or utility provider.
(vii) Death or prolonged incapacity to remain in the Accommodation: death of the Student, which renders the Rental Agreement void by operation of law; or coma, long-term hospitalization, or equivalent prolonged incapacity that objectively and permanently prevents the Student from occupying the Accommodation. The family or legal representative must notify Flatmaters as soon as possible. Required documentation: official death certificate or official medical documentation from a licensed physician or duly accredited medical professional under the regulatory system of the country of issuance, confirming the nature and duration of the incapacity.
Documentation not in English or in the official language of the country where the Accommodation is located requires a certified translation at the Student's 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.
When Force Majeure is confirmed: (a) if pre-arrival, Flatmaters refunds the full Booking Fee less documented operating costs clearly attributable to Flatmaters, together with prepaid rent for periods not yet commenced; (b) if it arises during the stay, Flatmaters refunds the Security Deposit net of rent for days effectively occupied and validated damages under Section 11, and refunds prepaid rent for periods not yet commenced.
Flatmaters' determination is binding for Platform operational purposes, without prejudice to any rights the parties may have under applicable law. No other circumstance shall qualify under this section, except where required by applicable law.
Upon confirmation of Student Force Majeure, the Student is released from the remaining contractual obligations arising from the Booking, including unaccrued rent and any cancellation or termination penalties, without prejudice to compliance with the anti-bypass obligations of Section 3.6 and to liability for damage actually caused to the Accommodation during the occupation period.
Visa and immigration matters are the exclusive responsibility of the Student and do not automatically constitute Force Majeure. Flatmaters may, at its sole discretion and without creating any obligation or precedent, consider individual cases not listed above 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 the Student to invoke or demand the same treatment in any other case.
9.4 Discretionary Flatmaters Consideration
Flatmaters may, at its sole discretion and without creating any obligation or precedent, consider individual cases not listed in Section 9.3 where the circumstances are exceptionally severe and properly documented. The Student has no right to invoke or demand such consideration, nor to claim any indemnification for its denial.
Where Flatmaters considers, at its sole discretion, that a case merits favorable treatment, the situation shall be classified for operational purposes as Student Force Majeure and the consequences of Section 9.3 shall apply. This classification is final for Platform operational purposes, without prejudice to any rights under applicable law.
Flatmaters shall communicate the adopted decision to the Owner for purely operational and informational purposes. Such communication does not create any obligation of Flatmaters towards the Owner, nor does it grant the Owner any right to claim against Flatmaters for the content or consequences of the decision.
9.5 Early Departure — Standard Cases
The Security Deposit distribution in early departure cases (where neither Student Force Majeure, nor cancellation attributable to the Owner under Section 8, nor serious Owner breach under Section 13.4 applies) is coordinated between these Terms (governing Student obligations) and the Listing Agreement (governing Owner entitlements). Flatmaters applies the distribution rules set out below, which are consistent between both documents.
The Rental Agreement is a fixed-term contract for a specific Semester Period. The Student has knowingly committed to the full duration at Booking, and the Property Owner has reserved the Accommodation exclusively for that period. Early departure without a confirmed Force Majeure reason constitutes a breach of a fixed-term commitment. The following penalties represent a reasonable pre-estimate of the damages resulting from early termination of a fixed-term booking, taking into account the fixed-term nature of the commitment and the difficulty of re-letting during the semester.
- With 30 or more calendar days' written notice to Flatmaters (or longer period as required by applicable local law): the Student must pay rent corresponding to the notice period. The Security Deposit is subject to settlement under Section 11.2 in the following order: (i) validated damages attributable to the Student are deducted and transferred to the Owner; (ii) if the Accommodation remains unlet for at least 30 calendar days after the Student's departure, an additional amount is deducted and transferred to the Owner up to one month of Base Price, as minimum indemnification for the disruption caused by the early departure; (iii) if the Owner accepts a replacement Student, the proportional amount corresponding to the days re-let (less validated damages) is returned to the departing Student; and (iv) any remaining balance of the Security Deposit is returned to the Student.
- Without 30 calendar days' notice: the Student forfeits the Security Deposit and is responsible for paying: (i) the rent for the remaining days from the date of departure to the end of the current Monthly Rental Period; and (ii) the rent for 30 calendar days from the actual departure date, qualified as a liquidated penalty clause and reasonable pre-estimate of damages resulting from the early termination of a fixed-term agreement without notice, subject to judicial moderation under applicable law. The Security Deposit is first subject to the damage assessment process under Section 11.2. 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 the Student, but assumes no financial liability for amounts it has not recovered. The Owner may pursue any unrecovered balance directly against the Student. The advance transfer of the Security Deposit to the Owner occurs within 5 business days of the Student's departure where no Force Majeure claim is pending Flatmaters' review. Where a Force Majeure claim has been submitted by the Student prior to or at the time of departure, the transfer is suspended until Flatmaters resolves the claim, which shall occur within 10 business days of claim submission.
All monthly rent obligations remain due regardless of whether the Student physically occupies the Accommodation, unless Force Majeure under Section 9.3 applies. Flatmaters is not required to mitigate the Student's obligations arising from early departure.
Notwithstanding the regime established herein, the Student's early departure does not exempt the Student from the anti-bypass obligations of Section 3.6.
9.6 Replacement Student
If a replacement Student is found for the vacated Accommodation with the Property Owner's agreement and early departure was with 30 calendar days' notice, the proportional amount corresponding to days re-let (minus validated damages) is returned to the Student, as described in Section 9.5. Where early departure was without notice, the Security Deposit distribution under Section 9.5 is not affected by the securing of a replacement Student.
10. Property Conditions, Arrival and Inventory
10.1 Property Must Correspond to Listing
The Accommodation delivered to the Student must correspond substantially to what was advertised in the Listing at the time of Booking. Material differences are not permitted. Material differences include: a different room or property than booked; missing furniture or equipment essential for normal residential use (such as bed, refrigerator, work desk or other indispensable items indicated in the Listing); undisclosed permanent occupants; non-functional utilities; unsafe or insanitary conditions; structural deficiencies; and any condition that would reasonably have been decisive to the Student's Booking decision.
10.2 Inventory
The Property Owner is not obliged to prepare or document an Inventory of the property. However, where the Owner has prepared an Inventory and intends to rely on it as the reference of the property's condition for evidentiary purposes, the Owner must share it with the Student upon handover, either digitally or in person. Where it exists, the Inventory must be accurate and dated, prepared on or before the day of handover, and include dated photographic evidence, a detailed list of furniture, equipment, and fixtures, and a description of any pre-existing defects or conditions.
Where the Accommodation is rented by individual rooms or units, the Owner must prepare a specific Inventory for each room or unit and deliver it to the corresponding Student at the moment of their arrival. In such cases, the reference state of common areas for the purposes of any subsequent claim shall be that documented in the Inventory delivered to the first resident of the Semester Period, without prejudice to any observations each Student may formulate upon arrival.
Flatmaters does not intervene in the preparation, validation, or sharing of the Inventory during the Semester Period. The Inventory is a document managed entirely between the Owner and the Student. It is only at the end of the Semester Period that the Inventory becomes relevant to Flatmaters, as the reference document for the damage assessment process under Section 11.2.
The Student is strongly advised to document the property's condition independently upon arrival — including dated photographs and videos of all rooms, fixtures, and any pre-existing defects. The Student is 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 11.2.
Burden of proof. In the event of a damage claim at the end of the Semester Period, the burden of proof rests on the Owner to demonstrate that the claimed damage did not exist at the time of handover and is attributable to the Student. An Owner who cannot produce a properly documented and dated Inventory will have substantially diminished capacity to sustain damage claims against the Security Deposit. The Owner's failure to prepare and share a proper Inventory does not affect the Student's obligation to return the property in good condition, but limits the Owner's ability to evidence the property's condition at the time of handover.
Both the Owner and the Student 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 the Student; 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 claim under Section 11.2.
10.3 Discrepancy Reporting Window
Students have 24 hours from the time of physical arrival to report to Flatmaters any material discrepancy between the Listing and the actual property. Reports must be submitted in writing through the Platform with photographic or video evidence. A "material discrepancy" means a discrepancy that: (a) substantially and negatively affects the habitability, safety, or use of the Accommodation; (b) is not reasonably remediable; and (c) would have been reasonably determinative for the Student's Booking decision had it been known at the time of Booking. Minor differences in decor, furniture model, personal taste preferences, or any subjective aspect do not qualify.
Flatmaters will request documentation from both parties and assess the report, acting reasonably and in good faith. Where a material discrepancy is confirmed, the Student may exit the Accommodation within 48 hours of arrival without financial penalty. Flatmaters returns to the Student the full amounts paid, including the Booking Fee and any rent paid. The 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 the Student 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. The Owner acknowledges that Flatmaters suffers a direct and independent loss in this situation, justifying this separate component.
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 the Student (2 months) and thereafter to Flatmaters (1 month). The Owner remains directly liable to both parties for any unrecovered shortfall, to the maximum extent permitted by applicable law. If the Student does not report within 24 hours of arrival, or does not exit within 48 hours of arrival after Flatmaters confirms the discrepancy, the property is considered accepted and the standard terms of the Rental Agreement apply.
Discrepancies reported after the 24-hour window are assessed individually and are not subject to the automatic remedy above.
10.4 Platform Inspection Rights
Flatmaters reserves the right to request photographs, videos, or additional documentation from Property Owners at any time, and to conduct virtual or in-person inspections with prior written notice to verify that the Listing accurately represents the Accommodation. Failure to cooperate may result in Listing suspension or removal.
11. Security Deposit
11.1 Flatmaters as Sole Custodian
Upon the Student's arrival and signature of the Rental Agreement, the Booking Fee is re-designated as the Security Deposit. Flatmaters holds the Security Deposit in its entirety (100%) as sole neutral custodian throughout the Semester Period. Security Deposit 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 Security Deposit is not held by or transferred to the Property Owner during the tenancy. This arrangement protects all parties: the Student has assurance that their deposit is held by a neutral third party with no co-mingling of funds; the Property Owner has assurance that documented claims will be evaluated fairly; and Flatmaters can ensure the damage assessment process is carried out transparently against objective evidence.
Once the Rental Agreement has been completed (or the Semester Period has ended), the Student has the right to restitution of the net balance of the Security Deposit after all validated deductions under this Section. The Property Owner may receive validated deduction amounts only through the process described in Section 11.2.
11.2 Damage Assessment Process
Upon the Student's 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.
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. Flatmaters' determination reflects the application of objective criteria to the available evidence, not subjective judgment. The process is designed to be fair, transparent, and conclusive for both parties.
11.3 Direct Settlement Between Student and Owner
By mutual written agreement between the Student and the Property 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. Flatmaters recommends that the Student retain proof of all direct payments made (bank transfer receipts, payment confirmations, or equivalent) to ensure full traceability and to protect against any subsequent claim for the same items against the Security Deposit. Where direct settlement has occurred and is evidenced, the corresponding items may not be claimed again through the Security Deposit process.
11.4 Non-Deductible Items
The following may not be deducted from the Security Deposit under any circumstances:
- Deterioration resulting from normal and ordinary residential use (wear and tear)
- Repairs or maintenance that are the Owner's structural or maintenance responsibility under Section 12, unless the damage or deterioration is a result of misuse or neglect by the occupants
- Where the Owner has prepared and shared an Inventory under Section 10.2, items not included in it at handover may not be deducted, except those acquired or incorporated into the property after handover and properly documented. The absence of an Inventory does not exempt the Student from liability for damage actually caused, but shifts to the Owner the burden of proving the property's condition at handover, in accordance with Section 10.2.
- Claims submitted after the 5-calendar-day damage report window, except those that by their nature could not reasonably have been known within that window, which may be included in Step 2 within the maximum 30 calendar-day period under Section 11.2
- Items without photographic evidence taken post-departure and without an independent third-party estimate or invoice
- Utility charges not clearly defined as the Student's responsibility in the Listing before the Booking
11.5 Deductible Items
The following may be deducted, subject to compliance with the process in Section 11.2 and the exclusions in Section 11.4:
- Damage caused by the Student's actions or omissions, or those of their 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 the Student: 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 that the Student was aware of was not reported in time and caused further damage (for example, a blocked drain that led to flooding)
- Damage or charges resulting from failure to comply with the Property Rules published in the Listing (Section 4.4) or with the baseline rules applicable to any Accommodation (Section 15.2): for example, 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 Common Expenses attributable to the Student under Section 12.4 (supported by the invoice or official statement from the building administration), unpaid fines, or any other amounts contractually owed by the Student and not settled during the Semester Period
This list is illustrative and not exhaustive. Other amounts due, damages, or costs directly attributable to the Student or their guests may also be deducted, provided that: (i) they are attributable to the conduct or omission of the Student or their guests; (ii) they are properly documented in accordance with the process in Section 11.2; and (iii) they are consistent with the criteria listed in this Section and with the exclusions provided in Section 11.4.
11.6 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 who resided during the month in which the damage occurred, and is deducted from their respective Security Deposits in accordance with the process under Section 11.2.
11.7 Excess Damages
If validated damages exceed the full Security Deposit, the Student remains financially liable for the outstanding balance to the Property Owner. The Property Owner may pursue recovery of this balance directly against the Student through appropriate legal means. Flatmaters will provide the necessary documentation to support such recovery upon request but assumes no obligation of recovery.
11.8 Adaptation to Local Law
Where mandatory local law governing security deposits in the relevant jurisdiction is incompatible with this arrangement, Flatmaters reserves the right to adapt the custody structure as necessary to comply with that law, without affecting the Student's entitlement to the net balance after validated deductions.
12. Maintenance, Repairs and Utilities
12.1 Property Owner Maintenance Obligations
Property Owners are responsible for maintaining the Accommodation in safe, habitable, and fully functional condition throughout the Semester Period, including structural safety, plumbing and electrical systems, furniture and appliances, internet (if included), and shared spaces. Urgent issues must be addressed immediately. Non-urgent repairs must be completed within 20 calendar days of notification by the Student or Flatmaters.
12.2 Student-Initiated Urgent Repairs
If a repair affects habitability (loss of water, electrical supply, gas, structural safety risk, pests, leaks, etc.), the Student has notified the Owner in writing, and the Owner has failed to act within 20 calendar days, the Student may arrange the repair independently at the Owner's cost on the terms set out below. Prior to proceeding, the Student must: provide photographic or video evidence of the defect; obtain a written repair estimate from an independent supplier; and notify the Owner and Flatmaters in writing. Upon completion, the Student 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.
The 20-calendar-day deadline is reduced to 72 hours when the defect involves failure of essential utilities (water, electricity, gas, or heating) or seriously affects habitability. In emergency cases with immediate risk of serious damage, the Student may act immediately in accordance with the following paragraph.
Notwithstanding the foregoing, in accordance with applicable law, in emergency situations involving an imminent risk of serious material damage or personal harm (gas leak, active flooding, electrical failure with fire risk, or equivalent), the Student may take immediately the measures strictly necessary to stop or contain the damage, provided that they notify the Owner and Flatmaters as soon as reasonably possible and subsequently submit the documentation provided for in the preceding paragraph.
12.3 Utilities
All utility conditions must be fully defined in the Listing before any Booking is confirmed, clearly indicating whether they are fully included in the price, included up to a monthly cap, or not included. The Owner must maintain all utility services active and operational throughout the Semester Period and, when responsible for payment, must provide proof of payment upon request. No utility charge may be introduced or modified after a Booking is confirmed. Where utilities are included subject to a monthly cap per Student, excess consumption above the cap for the relevant month is recoverable from the Student in the following month's payment, supported by the supplier's invoice. Where utilities are not included in the rental price, the Student is responsible for direct payment to the service provider, or for reimbursing the Owner against the supplier's invoice, in accordance with what is indicated in the Listing.
In shared accommodations where individual consumption cannot be separately metered, any utility amount payable by Students under this Section — whether excess consumption above a monthly cap or utility charges otherwise allocated by the Owner — is divided equally among all Students who resided in the property during the relevant month, supported by the original utility provider invoice. This reflects the practical impossibility of determining each Student's individual consumption and applies regardless of actual personal use.
12.4 Common Building or Community Expenses
Where the Accommodation is located in a building or complex subject to a co-ownership or community management regime, Common Expenses (including, among others, maintenance of common areas, concierge, administration, lifts, gardening, or community fees) are governed by the following rules:
Where the Accommodation is rented by rooms or units within a shared property, Common Expenses must be fully included in the rental price and may not be passed on to the Student under any circumstances.
Only when the Accommodation is rented as an entire property to a single Student or group of Students may the Owner exclude Common Expenses from the rental price. In such case, the Listing must indicate, prior to the Booking, an approximate reference amount of the monthly Common Expenses, for transparency towards the Student. The effective pass-through of Common Expenses to the Student requires independent third-party documentary evidence (invoice or official statement from the building administration) and is governed by the same rules applicable to utilities under Section 12.3. No Common Expenses charge may be introduced or modified after a Booking is confirmed.
12.5 Property Visits
The Owner may access the rented unit during the Semester Period only with a minimum of 7 calendar days' prior written notice to the Student, at mutually agreed times. Access for repairs does not require the 7-day prior notice but requires the prior knowledge and agreement of the Student. Emergency access due to immediate safety or security risk is permitted without prior notice, provided the Student is notified as soon as reasonably possible. Visits for prospective buyers require the minimum 7-day advance notice per visit and the Student's consent.
13. Termination of the Rental Agreement
13.1 Grounds for Immediate Termination by the Owner
The Owner may terminate the Rental Agreement with immediate effect, subject to notification to and validation by Flatmaters, where the Student engages 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 Semester Period
- Particularly grave or intentional breach of the prohibitions set out in Section 15.2 where it exposes the Owner, other residents, or the property to serious risk (for example, tampering with smoke detectors, storage of hazardous substances, prolonged hosting of non-registered occupants)
Upon any of these events, the Owner must notify Flatmaters immediately with documented evidence. Before confirming termination under this Section, Flatmaters: (a) reviews the evidence submitted by the Owner; (b) notifies the Student of the termination notice and allows 48 hours for the Student 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 either party's right to pursue the matter before competent courts under Section 17. Where the Student cannot be reached within 48 hours despite reasonable efforts documented in writing, Flatmaters proceeds based on the Owner's evidence alone, without prejudice to the Student's right to contest the determination subsequently under Section 17. The Owner acknowledges 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. Upon confirmed termination for these causes: the Student must vacate the Accommodation within 48 hours of notification where the cause involves immediate physical risk to persons or continuation of serious material harm (violence or credible threats, criminal conduct, storage of dangerous substances, tampering with fire detectors or equivalent), or within 7 calendar days of notification in all other cases, paying in any event the rent corresponding to the period actually occupied; the Student forfeits the Security Deposit in full; and the Student is liable for compensation equivalent to one month of the Final Price, constituting a reasonable pre-estimate of damages caused by the serious breach.
13.2 Grounds for Termination with Notice
The Owner may terminate the Rental Agreement with 14 calendar days' written notice where the Student engages in recurrent conduct that materially breaches the Property Rules (Section 4.4), the baseline rules applicable to any Accommodation (Section 15.2), or the terms of the Rental Agreement, provided that: (a) the Owner has previously notified the Student in writing of the specific breaching conduct; (b) the Student has had a reasonable opportunity to cease the conduct; and (c) the Student has persisted in the conduct despite the notification. Examples include: repeated unauthorised 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: the Student must vacate the Accommodation within 14 calendar days, paying the rent corresponding to the period actually occupied; the Student forfeits the Security Deposit in full; and the Student is 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.
13.3 Termination for False Student Information
Where the Student provided materially false information at the time of Booking that is discovered during the Semester Period, it is for the Owner to decide, depending on the seriousness and nature of the case, the applicable consequences:
- Identity information (name, passport, nationality, visa status, or age): where the falsehood is flagrant and, had it been known at the time of the Booking Request, would have been material to its non-acceptance, the Owner may elect immediate termination under Section 13.1, with the consequences set out therein. In less serious cases, the Owner may elect termination with notice under Section 13.2.
- Non-identity circumstances (such as university of exchange, program of study, or duration of exchange): 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: the Student has 30 calendar days to vacate, must pay the rent corresponding to that period, and forfeits 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 any decision within 30 calendar days from discovery, they shall be deemed to have elected to continue and the right of termination shall lapse with respect to that specific falsity.
13.4 Termination by the Student for Owner Breach
The Student may terminate the Rental Agreement with 14 calendar days' notice where the Owner fails to comply with essential obligations under Section 14.1 — including failure to maintain habitability, failure to perform urgent repairs within the required timeframe under Section 12.1, or material breach of the Rental Agreement that affects the Student's safety or quiet enjoyment — provided the Student has previously notified the Owner in writing and allowed a reasonable time for remedy that the Owner has failed to meet.
In cases of confirmed Owner breach, the Student is entitled to: terminate the contract; refund by the Owner of rent paid for any period of non-occupation directly attributable to the breach; and return of the full Security Deposit, net only of those damages validly attributable to the Student.
Notwithstanding the foregoing notice, the Student may terminate the Rental Agreement with immediate effect where the Owner's breach is of particular gravity and poses a risk to the Student's health, safety, or physical integrity (including, among others, serious habitability failure not remedied, deliberate cutoff of essential utilities, or hostile or threatening conduct by the Owner or representatives). In such cases, Flatmaters shall validate the termination under a procedure equivalent to Section 13.1, applied mutatis mutandis to the Owner, and the indemnification regime of Section 10.3 shall additionally apply given the gravity of the breach.
13.5 Standard Termination
Outside the specific causes above, the Property Owner may request Flatmaters to initiate termination of a Student's Rental Agreement on the following grounds, with written evidence submitted through the Platform: confirmed non-payment of rent following procedures under Section 6.3; unauthorised subletting or transfer of the reservation; or any illegal activity by the Student in connection with the Accommodation not falling under Section 13.1. Owner-initiated termination for these justified grounds does not activate Owner cancellation penalties under Section 8. All other Owner-initiated terminations of an ongoing stay are treated as Owner cancellations and the penalties in Section 8.4 apply.
13.6 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 property 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.
13.7 Termination by the Student
A Student may terminate the Rental Agreement early in accordance with Section 9.5 (standard early departure) or Section 9.3 (Force Majeure). The Student may not unilaterally abandon the Accommodation without following the applicable notice and documentation process.
13.8 Consequences of Termination
Upon termination for any reason, the Student must vacate the Accommodation within the period specified for the applicable cause and return all keys and access codes. The distribution of the Security Deposit is governed by the specific clause of each cause of termination (Sections 9.3, 9.5, 13.1, 13.2, 13.3, and 13.4 as applicable) and, in the absence of such specific provision, by the general damage assessment process under Section 11. The non-vacating penalty under Section 15.5 applies if the Student fails to vacate by the agreed date.
14. Property Owner Obligations
14.1 General Obligations
By publishing a Listing, the Property Owner commits to: holding valid legal authority to list and rent the Accommodation throughout; ensuring the Accommodation is furnished, clean, habitable, and compliant with applicable local regulations; keeping the Listing accurate and up to date; managing the availability calendar accurately; making the Accommodation available on the agreed dates and in the agreed condition; ensuring the Accommodation is ready for handover on the start date of the Semester Period specified in the Listing, and delivering it to the Student on the Student's declared arrival date, clean and ready; and, when the Owner has prepared an Inventory, sharing it with the Student at handover in accordance with Section 10.2.
Throughout the Semester Period, the Property Owner further commits to: maintaining the Accommodation; treating Students with respect and not entering the Student's rented unit (the specific room or apartment as defined in the Listing, as distinct from any other areas of the property occupied by the Owner or third parties) without the required notice under Section 12.5; complying with all applicable local laws including rental regulations, tax obligations, safety standards, and licensing requirements; abiding by the Rental Agreement, these Terms of Service, the Listing Agreement, and any other rules applicable to their participation on the Platform; complying with the Property Rules the Owner has published in the Listing, to the extent they affect the Owner's conduct towards the Student; and declaring rental income and paying all applicable taxes.
14.2 Prohibition on Unauthorised Charges
The Owner may not request or collect any payment from Students beyond the amounts established in the confirmed Listing or arising from the situations expressly provided in the following paragraph. Prohibited charges include, among others: brokerage or agency fees; utility charges beyond those defined in the Listing; and additional deposits or guarantees not specified in the Listing. Unauthorised charges may result in deduction from the Owner's next payment, Listing suspension, or termination of the Owner's participation.
The following charges may be legitimately passed on to the Student where properly documented, provided they correspond to obligations expressly agreed in the Listing or arise directly from the Student's own conduct. The Owner is not required to notify Flatmaters of each such charge where they are managed and settled directly between the parties. However, if the Owner intends to deduct the charge from the Security Deposit, the corresponding documentation must be submitted through the process under Section 11.2. Either party may request Flatmaters' mediation where there is a disagreement on the propriety or amount of the charge:
- Property Rule penalties: financial penalties established in the Property Rules prior to Booking and incurred by the Student as a result of verifiable violations of those rules. Where the Owner intends to deduct the charge from the Security Deposit, the corresponding documentation must be submitted in accordance with the process under Section 11.2.
- Common building expenses: where the Accommodation is rented as an entire property and Common Expenses have been excluded from the rental price under Section 12.4, the community fees and other common expenses effectively accrued during the Semester Period, supported by the invoice or official statement from the building administration. In Accommodations rented by rooms or units, Common Expenses may not be passed on to the Student under any circumstances.
- Fines and sanctions from competent authorities: fines, sanctions, or charges imposed by any competent public authority (municipal, regulatory, community administration, or equivalent) on the property or the Owner, where it is demonstrated that the fine arose directly and exclusively from an action or omission attributable to the Student or their guests during the Semester Period. The Owner must retain the original official notice or resolution and the evidence linking the fine to the Student's conduct. Where the Owner intends to deduct the amount from the Security Deposit, or where there is a disagreement with the Student on the propriety of the charge, the claim must be submitted to Flatmaters within 5 calendar days of receipt of the fine, together with the supporting documentation, for assessment of the causal link by Flatmaters acting as a reasonable and good faith mediator. Where the causal link is confirmed, the validated amount may be deducted from the Security Deposit or claimed from the Student as an additional liability.
- Utility charges paid by the Owner that correspond to the Student: utility charges actually paid by the Owner that correspond to the Student per the Listing configuration (electricity, water, gas, internet, etc.), supported by the original invoice issued by the provider.
The Student is not liable for fines or sanctions arising from the Owner's failure to comply with local regulatory requirements, licensing obligations, or maintenance duties independent of the Student's conduct.
14.3 No Guarantee of Occupancy
Flatmaters does not guarantee occupancy, Booking volume, or rental income. Publishing a Listing does not create any obligation on Flatmaters to secure Students.
14.4 Insurance Obligation and Recommendation
The Property Owner undertakes to maintain, throughout the duration of any active Listing and any confirmed Booking, the minimum insurance coverage required by applicable law in the jurisdiction where the Accommodation is located, including any mandatory building or landlord civil liability insurance. Beyond this minimum, Flatmaters strongly recommends that the Owner additionally maintain comprehensive civil liability insurance and landlord insurance covering rental activity, contents, and ordinary risks, as well as any further coverage advisable in light of the specific characteristics of the Accommodation. Flatmaters does not provide, offer, or arrange insurance products and does not act as insurer, broker, or surety in any capacity.
Where the Owner fails to maintain the required minimum insurance coverage, the Owner remains personally liable to the Student and to third parties for any damage that would have been covered by such insurance, without prejudice to civil liability under applicable law.
15. Student Obligations
15.1 General Obligations
By confirming a Booking, the Student agrees to: comply with these Terms, the Booking Conditions, and the Rental Agreement; use the Accommodation exclusively for lawful residential and personal purposes; maintain the Accommodation in good condition; report any damage or defect promptly — failure to report a problem that then worsens is the Student's responsibility; pay rent, Common Expenses where applicable according to the Listing under Section 12.4, and all other applicable charges on time; respect the Property Rules, co-living conditions, and the rights of other occupants and neighbors; comply with all applicable local laws; provide 30 calendar days' written notice in the event of early departure; and return the Accommodation in the same condition in which it was delivered.
15.2 Specific Prohibitions
Whether or not specific Property Rules have been established in the Listing, the Student commits to use the Accommodation in accordance with good faith, ordinary residential customs, common standards of respect and decency, and applicable law. Unless expressly authorised in the Listing or by the Owner in writing, the following acts are not permitted in any Accommodation. These baseline rules are without prejudice to the specific Property Rules published by the Owner in the Listing under Section 4.4, which complement them.
- subletting the Accommodation, transferring or assigning the Booking to third parties, or giving the Accommodation a use different from the residential use agreed in the Rental Agreement;
- using the Accommodation for commercial activities or for any other activities not authorised in the Listing or in writing by the Owner;
- drilling holes, fixing items to, or causing any damage to walls, floors, ceilings, doors, windows, or the structure of the Accommodation;
- moving, removing, rearranging, or repurposing the furniture, appliances, or equipment of the Accommodation;
- carrying out renovations, alterations, painting, or works of any kind in the Accommodation;
- smoking, vaping, or using any combustible substance inside the Accommodation;
- keeping animals or pets of any kind;
- hosting parties, gatherings, or events of any kind on the premises;
- sharing keys, access codes, fobs, or copies of any of the foregoing with any person who is not a registered occupant of the Accommodation;
- allowing any person not registered in the Booking to reside in or use the Accommodation, whether or not for consideration;
- accumulating waste inside the Accommodation, or failing to dispose of household waste in accordance with the building's or community's collection schedule and rules;
- flushing or pouring inappropriate items into toilets, sinks, drains, or any plumbing fixture — including but not limited to paper other than toilet paper, sanitary products, food waste, oils, grease, solvents, or any solid or chemical substance that may damage the plumbing system;
- tampering with, disconnecting, or disabling smoke detectors, fire alarms, security devices, or any safety equipment installed in the Accommodation;
- making excessive noise, particularly during night hours or hours protected by local regulations or community rules;
- storing or introducing flammable, explosive, toxic, or otherwise hazardous substances on the premises;
- engaging in unsanitary, hazardous, disruptive, immoral, or unlawful activities, or any activity that disturbs neighbours, other residents, or the building community.
Express authorisations in the Listing (for example, "pets allowed") prevail for that specific item over the default prohibition.
15.3 Joint and Several Liability
Where two or more Students book an entire property as a single unit, they assume joint and several liability for all obligations arising from the Rental Agreement, including monthly rent payments and any financial liability at end of contract.
15.4 Damages and Financial Responsibility
Students are financially responsible for any damage to the Accommodation caused by their own actions or omissions, or those of their guests. Where damage cannot be attributed to a specific student among co-tenants, costs are shared equitably. If damages exceed the Security Deposit, the Student remains liable for the outstanding balance to the Property Owner.
15.5 Check-Out Obligations and Non-Vacating Penalty
At the end of the stay, the Student must vacate by the agreed end date; leave all spaces clean and in the condition recorded at handover; remove all personal belongings; return all keys and access codes; and cooperate with the departure process. Failure to vacate by the end date will result in a penalty at the Student's expense of EUR 100 per day of delay (or local equivalent in the currency of payment), qualified as a liquidated penalty clause and reasonable pre-estimate of damages resulting from the non-return of the Accommodation, subject to judicial moderation under applicable law and to the maximum extent permitted thereby, until the Accommodation is returned in the agreed condition. Flatmaters may deduct such penalty from the Student's Security Deposit in accordance with the process under Section 11.2. Without prejudice to the foregoing, the Property Owner may directly require payment of the corresponding daily penalty from the Student in respect of any period of delay not fully covered by the Security Deposit, in accordance with the Rental Agreement and applicable law. Exceptions may be granted only with prior written approval from Flatmaters.
15.6 Insurance Recommendation
Flatmaters strongly recommends that Students maintain a valid personal civil liability insurance policy for the duration of their stay. Flatmaters does not offer or arrange insurance products.
15.7 Immigration, Visa and Regulatory Compliance
Visa, immigration, and residency matters are the Student's sole responsibility. Flatmaters does not manage or advise on visa applications, extensions, or requirements. Before confirming a Booking, Students are strongly encouraged to take out travel and cancellation insurance covering visa rejection and unexpected early departure.
16. Flatmaters: Role, Platform Control and Limitation of Liability
16.1 Intermediary and Custodian Role
Flatmaters acts exclusively as a digital intermediary platform and neutral custodian of the Security Deposit. It does not own or manage listed properties and is not a party to the Rental Agreement. Flatmaters does not guarantee the condition, legality, habitability, or availability of listed properties, nor the conduct, solvency, or compliance of Property Owners or Students.
16.2 Platform Control
Flatmaters reserves the right, at its sole discretion and without obligation to provide justification to users, to: modify, update, restructure, or discontinue any feature, process, rule, or functionality of the Platform at any time; determine how prices are displayed, how Bookings are processed, and how payments are structured; set, adjust, or waive fees and commissions for future transactions; and establish, modify, or remove eligibility criteria for users, Listings, or Bookings. Such modifications do not affect the terms of confirmed Bookings already in force.
16.3 Limitation of 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 either party; 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.
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 Terms. This limitation does not apply to: (i) liability arising from Flatmaters' own proven fraud, willful misconduct, or gross negligence; (ii) liability arising from Flatmaters' breach of its custodial duties regarding the Booking Fee or Security Deposit; or (iii) mandatory provisions of applicable law that cannot be excluded by contract. This limitation does not apply to any party's right to pursue the other party directly for amounts owed between them; that right is preserved and unaffected by this liability cap.
16.4 Reasonable Recovery Efforts — Definition
Where these Terms require Flatmaters to pursue reasonable recovery efforts against a defaulting party, this obligation includes: (i) formal written demand to the defaulting party; (ii) registration with credit and solvency files, credit bureaus or equivalent reporting mechanisms where legally permissible in the applicable jurisdiction and in accordance with applicable data protection legislation (including Regulation (EU) 2016/679 and the LOPDGDD in Spain, or equivalent legislation in other jurisdictions); 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. The non-defaulting party retains the independent right to pursue any unrecovered amounts directly against the defaulting party through applicable legal means, and Flatmaters will provide documentation of the default upon request.
16.5 Penalties as Minimum Compensation
The penalties set out in these Terms constitute minimum compensation amounts and do not limit the right of the affected party or Flatmaters to claim additional damages where actual losses exceed the stipulated amounts.
16.6 Third-Party Security Events and Habitability Failures
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. Students' 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.
16.7 Owner Responsibility for Local Legal Compliance
Property Owners are solely responsible for ensuring that their Listing, the associated Rental Agreement, and the rental activity comply with all applicable local laws and regulations. Flatmaters provides standardized Rental Agreement templates that may not fully reflect all local mandatory legal requirements. Property Owners who require locally compliant contracts are responsible for obtaining independent legal advice.
16.8 Right to Suspend or Remove Listings
Flatmaters reserves the right, at its reasonable discretion and without prior notice where necessary to protect Students or Platform integrity, to suspend Listings, remove properties, block Booking Requests, or restrict a Property Owner's access in cases of: misleading Listing information; safety or habitability concerns; repeated non-compliance; unauthorised charges; legal risk; or Platform integrity protection. Flatmaters will make reasonable efforts to communicate the reason and provide an opportunity to remedy where appropriate. Any suspension or removal shall be communicated to the Owner with a statement of reasons in accordance with Section 16.11.
16.9 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.
16.10 Force Majeure — Flatmaters
Flatmaters shall not be liable for failures or delays 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.
16.11 Point of Contact and Notice of Illegal Content
Flatmaters designates as its single point of contact, both for competent authorities and for users of the Platform, for the purposes of Regulation (EU) 2022/2065 (Digital Services Act), the address [email protected]. Communications may be submitted in Spanish or in English.
Any person or entity may notify Flatmaters through that point of contact of the presence on the Platform of content they consider illegal, including Listings allegedly false, fraudulent, or misleading. The notice shall include: (i) a sufficiently substantiated explanation of why the content is illegal; (ii) the exact location of the content (URL of the Listing or other identifier); (iii) the name and email address of the notifier, except where the law allows anonymous notification; and (iv) a good-faith statement as to the accuracy and completeness of the notice. Flatmaters will process notices diligently, objectively, and in a non-arbitrary manner, and will communicate its decision to the notifier.
Where Flatmaters removes or restricts a Listing or other content, or suspends an account, it shall communicate to the affected user a clear and specific statement of reasons, indicating the facts, the grounds for the decision, and the means available to contest it in accordance with Section 17, unless a legal obligation provides otherwise.
17. Dispute Resolution and Legal Framework
17.1 Good Faith Resolution
Users 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.
17.2 Disputes Between Property Owners and Students
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 property is located and may be pursued directly between the parties without involving Flatmaters, unless mediation support is requested.
17.3 Disputes Involving Flatmaters — Property Owners (B2B)
Any dispute between Flatmaters and a Property Owner arising from these Terms or the Listing Agreement that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration administered by the Estonian Chamber of Commerce and Industry (Eesti Kaubandus-Tööstuskoda), in accordance with its arbitration rules in force at the time of the dispute. If the parties agree in writing within 15 calendar days of the dispute arising, they may jointly designate a different recognised arbitral institution. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding.
17.4 Disputes Involving Flatmaters — Students (B2C)
Any dispute between Flatmaters and a Student that cannot be resolved through good-faith negotiation shall be handled in accordance with the following process: (1) the Student submits a written complaint to Flatmaters at [email protected]; (2) Flatmaters will respond within 15 business days; (3) if not resolved, the Student may turn to the alternative consumer dispute resolution bodies accredited in their habitual country of residence or in Estonia, or to the competent courts in accordance with Section 17.5.
Nothing in this section shall limit or exclude any mandatory consumer protection rights that a Student may have under the applicable law of their country of residence under Regulation (EU) No 593/2008 ("Rome I") or equivalent.
17.5 Applicable Law
These Terms, and any disputes related to the Platform or the Services of Flatmaters in the Flatmaters-user relationship, are governed by the laws of Estonia, as the jurisdiction of incorporation. The Rental Agreement generated under these Terms is governed by the laws of the jurisdiction where the property is located. Where mandatory provisions of the jurisdiction where the listed property is located impose requirements that prevail over these Terms, such provisions apply to the extent required by that mandatory law.
Alternative jurisdiction: Notwithstanding the arbitration clause in Section 17.3 and the applicable law stated above, for disputes between Flatmaters and a Property Owner or Student involving amounts below EUR 50,000 (or its equivalent in local currency at the exchange rate applicable at the time the dispute arises), either party may elect to submit the dispute to the ordinary civil courts of the jurisdiction where the listed property is located (for property-related disputes) or the jurisdiction of habitual residence of the consumer-qualifying party (for consumer disputes). Where Estonian substantive law is compatible with mandatory local law, Estonian law applies; where mandatory local law imposes requirements that prevail, those requirements apply. This election, once communicated in writing to the other party, is binding on both parties for that dispute.
17.6 Mandatory Consumer Protection
Notwithstanding the governing law specified in Section 17.5, where a Student qualifies as a consumer under Regulation (EC) No 593/2008 (Rome I) on the law applicable to contractual obligations, or under equivalent local consumer protection regulation in their country of habitual residence, the Student retains the benefit of the mandatory provisions of the law of their habitual residence that cannot be derogated from by agreement. Such mandatory provisions apply to the extent they grant the Student greater protection than these Terms. This clause is a declaration of compliance and does not affect the validity of any other provision of these Terms in respect of parties who do not qualify as consumers.
17.7 Language
These Terms are drafted in Spanish as the official legal version. Translations into other languages are provided for convenience only. In the event of conflict, the Spanish version prevails.
18. Platform Intellectual Property
18.1 Ownership
The Platform, its design, software, algorithms, processes, and all Flatmaters-generated content are the exclusive property of Flatmaters OÜ and protected by applicable intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to use the Platform for its intended purposes.
18.2 User-Generated Content
By uploading content to the Platform, users grant Flatmaters a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute such content for the purpose of operating, promoting, and marketing the Platform. Users warrant that they hold all necessary rights over uploaded content and that it does not infringe any third-party rights.
18.3 Restrictions
Users may not copy, reproduce, modify, reverse-engineer, or create derivative works from the Platform or its content without Flatmaters' prior written consent. Unauthorised use of Platform content for commercial purposes is strictly prohibited.
19. General Provisions
19.1 Modifications to the Terms
Flatmaters reserves the right to modify these Terms at any time. Updated Terms will be published on the Platform and users 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. Modifications do not affect the terms of confirmed Bookings already in force at the time of the change.
19.2 Local Law Override
Where the applicable mandatory law of the jurisdiction where a listed property is located confers rights on tenants or owners that are more protective than these Terms, 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 Terms.
19.3 Severability and Consumer Protection Savings
If any provision 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.
Where any provision of these Terms would be held abusive, unfair, or unenforceable when applied to a party 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 Terms.
19.4 Entire Agreement
These Terms, together with the Listing Agreement, Rental Agreement, and Privacy Policy, constitute the entire contractual framework between users and Flatmaters, and supersede all prior communications and informal agreements on the same subject matter, subject to Section 1.3.
19.5 Survival
The following provisions survive termination of Platform use or account closure: limitation of liability; payment obligations and commissions; Security Deposit and deposit custody obligations; anti-bypass obligations; dispute resolution; intellectual property; and all obligations related to confirmed Bookings at the time of termination.
19.6 Data Protection and Privacy
The collection, processing, and storage of personal data by Flatmaters is governed by the Flatmaters Privacy Policy, available at www.flatmaters.com/privacy. As Flatmaters OÜ is incorporated in Estonia (a member of the European Union), Flatmaters complies with the General Data Protection Regulation (GDPR) and applicable data protection laws. By using the Platform, users acknowledge and accept the Privacy Policy. Property Owners who receive Student personal data in connection with a confirmed Booking act as independent data controllers for that data and are solely responsible for their own GDPR compliance.
Cross-border data transfers. Where Student or Owner 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. For transfers to Argentina, Argentina has an EU adequacy decision (European Commission Decision 2003/490/EC), so Standard Contractual Clauses are not required. Notwithstanding this, Flatmaters complies with Argentine Law 25,326 on the Protection of Personal Data and with Disposition 2/2024 of the Agency for Access to Public Information (AAIP). For processing subject to Chilean law, Flatmaters complies with Law 19,628 on the Protection of Private Life and, once in force, with Law 21,719 on the Protection of Personal Data, as well as any other applicable local data protection legislation in force from time to time. Details of specific transfers and safeguards are set out in the Privacy Policy.
19.7 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) honour 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.
19.8 Notices
All notices, validations, and communications required or permitted under these Terms 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. Users are responsible for maintaining accurate and current contact information in their 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.
19.9 Contact
For legal, operational, or contractual matters:
Flatmaters OÜ — [email protected] — www.flatmaters.com
19.10 Effective Date
These Terms enter into force upon publication on the Platform and apply to all users from that date.