Flatmaters OÜ

Platform Terms
of Service

Version 1.02026Flatmaters OÜ  ·  www.flatmaters.com  ·  contact@flatmaters.com

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 under e-residency, 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 authorized 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; 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 at arrival
  • Booking Conditions — the student-facing summary of key conditions accepted 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) → these Terms → Booking Conditions.

1.4 Definitions

"Accommodation" means any furnished room, apartment, house, or residential unit listed on the Platform.

"Base Price" means the rental price set by the Property Owner in their chosen currency (EUR or CLP by default).

"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, 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 component retained by Flatmaters to cover the exchange rate risk assumed by Flatmaters between the currency in which the Student pays and the currency in which the Property Owner is paid, throughout the rental period. Flatmaters assumes this currency risk in full. Any financial surplus or deficit arising from exchange rate movements during the rental period is recognized as Flatmaters' own revenue or loss respectively and is subject to applicable tax treatment accordingly. The Currency Stability Fee is not refundable to the Student or the Property Owner.

"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 fulfilment of their contractual obligations, as defined in Sections 8.2 and 8.3.

"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 any accommodation published on the Platform for Booking.

"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 period, or unresolved Security Deposit.

"Owner Availability Period" means the period during which the Property Owner makes the accommodation available to the Platform's Students, running from the 21st of one month to the 20th of the following month.

"Payment Window" means the period during which monthly rent is due from the Student to Flatmaters, running from the 20th to the 25th of the month in which the Rental Period begins.

"Property Owner" or "Owner" means any individual or legal entity with valid legal authority to list and rent a property, including owners, administrators, and any person holding power of attorney or equivalent authorization.

"Reference Price" means the Base Price displayed to the Student in the Owner's original currency, for transparency.

"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.

"Rental Period" means the period during which a Student rents accommodation, running from the 21st of one month to the 20th of the following month.

"Security Deposit" means the guarantee constituted upon the Student's arrival by re-designation of the Booking Fee. The Security Deposit is held in its entirety (100%) by Flatmaters as sole neutral custodian throughout the rental 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.

"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.

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 authorizes Flatmaters to generate Rental Agreements using the Listing data, in the form of the Rental Agreement template annexed to the Listing Agreement 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 at arrival.

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.

2.4 Platform Non-Intervention Principle

Flatmaters' role during the rental 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 authorization; and any other documentation for verification.

The Owner may designate an operational representative authorized 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 unauthorized 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 authorization; engage in fraudulent, abusive, or discriminatory behavior; attempt unauthorized 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 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. That includes any future rental, regardless of how the current one ends. Where bypass is identified, Flatmaters may: invoice and collect the full commission for the bypassed period; claim additional documented damages; immediately suspend or permanently terminate accounts; and pursue legal action. This obligation survives termination of these Terms or closure of any account. Any direct payment received outside the Platform for a property or relationship introduced through Flatmaters constitutes a material breach of these Terms and the Listing Agreement.

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 period, 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); 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 water leaks, 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; and there are no pending judicial or administrative proceedings that affect the ability to rent the property.

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.

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 tenants' 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 reservation.

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 Owner sets the Base Price in their chosen currency. Flatmaters adds its service commission and the Currency Stability Fee (as defined in Section 1.4) to produce the Final Price displayed to the Student. The Currency Stability Fee enables Flatmaters to guarantee a stable Final Price throughout the Semester Period by absorbing exchange rate fluctuations. Flatmaters assumes the full currency risk associated with this stability guarantee. The Final Price is fixed once a Booking is confirmed and may not be modified for that 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, IVA, 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 IVA 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 within 24 hours, 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 behavior.

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 21st of the first month of the Semester Period 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. If no arrival date is declared within the applicable window, the Student is deemed to have declared the 21st of the first month 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) this Rental Agreement concerns the provision of accommodation services on specific dates; (b) in accordance with Article 16(c) of Directive 2011/83/EU and equivalent local consumer protection regulations, the Student voluntarily waives any right of withdrawal that might otherwise apply to distance contracts; 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 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 on or before the official start date of the Semester Period. 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 novation of purpose: 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

Each monthly Rental Period runs from the 21st of one month to the 20th of the following month. Monthly rent must be paid within the Payment Window: between the 20th and 25th of the month in which the Rental Period begins. For example, rent for the period from 21 March to 20 April is due between 20 and 25 March.

The first monthly payment is due on the day of arrival, at the moment of signing the Rental Agreement. If the Student arrives 7 or more calendar days after the official start date of the Semester Period, the first monthly payment must be completed on or before the official start date, regardless of the Student's actual arrival date.

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 5th and 10th day of the month following the start of the relevant Rental Period. For example, rent for the period from 21 February to 20 March is transferred between 5 and 10 March. 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.

7.2 Monthly Settlement Statement

Flatmaters will provide the Owner with a monthly rental settlement statement through the Platform, showing the gross amount received from the Student, the commission and applicable fees deducted, and the net amount transferred to the Owner. This statement is provided exclusively to facilitate the Owner's 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 IVA, 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. The Owner's specific tax acknowledgment and declaration is also incorporated into each Rental Agreement accepted and signed under these Terms.

7.3 Release of Booking Fee Equivalent to the Owner

Upon the start of the Semester Period and confirmed arrival and signature of the Rental Agreement by the Student, Flatmaters releases to the Property Owner the Base Price component of the Booking Fee (the Owner's indemnification equivalent) together with the first monthly rent transfer (5th–10th of the month following semester start). 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 and Transfer Costs

Payments are made in the currency specified in the Listing Agreement. International transfer costs, currency conversion fees, and banking charges may apply. At the Owner's written request, Flatmaters may arrange payment in an alternative currency, subject to operational availability.

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 on the agreed arrival date; withdrawal after Booking confirmation; inability to provide access 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 recognizes 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 — that is, any rent paid in advance for Rental Periods not yet commenced. Amounts corresponding to periods already occupied are not refundable. No additional financial penalty applies to either party. Flatmaters coordinates the return of the corresponding amounts held and 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 water leak or flooding damage; theft or break-in compromising essential security or access; structural defect identified by expert inspection.

Scenario A — Event arises before the Student's arrival

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.

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 those 20 days: Category C penalties apply. 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.

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.

Scenario B — Event arises during an ongoing stay

Either the Owner or the Student may notify Flatmaters upon discovery of the issue. The Owner must begin resolution without delay. From the moment the Student is notified by Flatmaters, 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.

The Owner has 20 calendar days from notification to resolve the issue fully. If the Owner fails to act or acts with omission during this period: the Student may arrange resolution at the Owner's cost. If after 40 calendar days from notification the issue remains unresolved and the Owner has not acted in good faith throughout: Category C penalties under Section 8.4 apply regardless of whether the Student remains or has departed. 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.

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.

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 financial penalty. Refund all amounts received, to the maximum extent permitted by applicable law.
30–89 calendar days before start
Refund all amounts received + 1 month Base Price penalty, to the maximum extent permitted by applicable law.
Fewer than 30 calendar days before start
Refund all amounts received + 2 months Base Price penalty, to the maximum extent permitted by applicable law.
At or after arrival, or during stay
3 months Base Price penalty, to the maximum extent permitted by applicable law. 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
  • Theft, vandalism, or events that cause damage but do not prevent habitability
  • 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

9. Student Cancellation and Early Departure

9.1 Cancellation Before Arrival

The Booking Fee is non-refundable in all standard cancellation cases. Upon cancellation before arrival, each party retains their equivalent share from the amount held by Flatmaters as compensation for the removal of the accommodation from the market and the operational and administrative costs incurred. 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. The full Booking Fee is forfeited, with each party retaining their equivalent share from the amount held by Flatmaters.

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 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 organization, 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 recognized 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 hospitalisation, 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 confirming the nature and duration of the incapacity.

Documentation not in English or Spanish 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.

Consequences where Force Majeure is confirmed

Flatmaters will return the full amount held (Booking Fee / Security Deposit) minus: any rent owed for days actually occupied by the Student; and any validated damages to the property documented under Section 11. Advance rent paid for periods not yet commenced will be refunded. 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.

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.

Force Majeure under this Section may arise before the Student's arrival or during an ongoing stay. The consequences are: (a) for pre-arrival Force Majeure, Flatmaters returns the full Booking Fee to the Student minus any documented operational costs clearly attributable to Flatmaters; (b) for Force Majeure arising during a stay, Flatmaters returns the Security Deposit net of any validated damages under Section 11 and any rent owed for days actually occupied, and refunds advance rent paid for periods not yet commenced.

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. Any such consideration is a unilateral goodwill decision by Flatmaters and does not create any right for the Student or any other user to invoke or demand the same treatment in any other case. Flatmaters' decision in such cases is final for Platform operational purposes, without prejudice to any rights under applicable law.

9.5 Early Departure — Standard Cases

The Security Deposit distribution in early departure cases 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 is liable for rent covering those 30 days of notice. The Security Deposit is subject to the standard damage assessment process under Section 14. From the Security Deposit held, Flatmaters: (i) deducts and transfers to the Owner the amount of validated damages attributable to the Student; and (ii) deducts and transfers to the Owner the difference between validated damages and one month's Base Price, as minimum indemnification for the disruption caused by the early departure, provided that the accommodation remains unlet for at least 30 days after the Student's departure. If a replacement Student is found for the vacated accommodation with the Owner's agreement, the proportional amount corresponding to days re-let (minus validated damages) is returned to the Student. Any remaining balance of the Security Deposit after these deductions is returned to the Student.
  • Without 30 calendar days' notice: the Student forfeits the Security Deposit and is liable for: (i) rent for the remaining days from the date of departure to the end of the current Rental Period; and (ii) rent for 30 days from the actual departure date as indemnification for the unannounced departure, to the maximum extent permitted by applicable law. The Security Deposit is first subject to the damage assessment process under Section 14. 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.

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 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; 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 solely responsible for preparing, documenting, and maintaining an accurate and dated Inventory of the property's condition at the moment of handover to the first resident of the rental period. This Inventory must be prepared on or before the day of handover, include dated photographic evidence, a detailed list of furniture, equipment, and fixtures, and a description of any pre-existing defects or conditions. The Owner must share the Inventory directly with the Student upon handover, either digitally or in person.

Flatmaters does not intervene in the preparation, validation, or sharing of the Inventory during the rental 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 rental 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.

Documentation recommendation

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. Only objectively material discrepancies are considered — minor differences in decor, furniture model, or personal taste preferences 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 rental 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.

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, paid directly by Flatmaters from the amounts held.

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.

Step 1 — Damage Report (5 calendar days from end of Semester Period)The Owner must submit to Flatmaters a written report listing each claimed damage or outstanding charge, accompanied by photographic evidence taken after the Student's departure. Items not reported within this 5-day window cannot be claimed in subsequent steps. No extensions are granted unless expressly approved in writing by Flatmaters before the deadline.
Step 2 — Documentation of Amounts (30 calendar days from end of Semester Period)The Owner must submit, for each item reported in Step 1, documented evidence of the amount claimed: independent third-party repair estimates or invoices for damages; or official bills issued by the service provider (not by the Owner) for utility overages (supported by the original invoice issued by the utility provider to the Owner). Owner-generated estimates are not accepted. No documentation submitted after this 30-calendar-day window will be considered under any circumstance.
Step 3 — Initial Settlement and Controverted RetentionWithin 30 business days from the end of the Semester Period, Flatmaters transfers to the Student the net Security Deposit balance after deducting all amounts claimed by the Owner that are supported by complete documentation from Steps 1 and 2. The claimed amounts are retained by Flatmaters in custody pending the Student's response window.
Step 4 — Student Response (5 calendar days from Flatmaters' notification)Flatmaters notifies the Student of the amounts claimed by the Owner, together with all evidence provided. The Student has 5 calendar days from receipt to submit written observations with supporting evidence challenging any claimed amount. Supporting evidence may include dated photographs, videos, witness statements, or equivalent. If the Student does not respond within this window, the Owner's claim is deemed accepted in full. Flatmaters transfers the claimed amounts to the Owner within 7 business days of expiry of the 5-day window.
Step 5 — Arbitration by Flatmaters (where the Student challenges the claim)Where the Student submits observations with supporting evidence within the 5-day window, Flatmaters acts as impartial arbitrator to determine which amounts correspond to each party. The burden of proof rests on the Owner to demonstrate that claimed damages are attributable to the Student and were not pre-existing at handover. The Student must provide evidence to challenge any specific claim; unsupported challenges will not be upheld. Claims without photographic evidence taken post-departure, or without documented amounts from independent sources, are rejected regardless of apparent merit. Flatmaters issues a final determination within 10 business days of receiving the Student's observations, specifying for each claimed item whether the amount is allocated to the Owner or returned to the Student, with justification based on the evidence submitted. This determination is binding for Security Deposit settlement purposes.
Step 6 — Final SettlementFlatmaters transfers amounts to each party according to the final determination within 7 business days. The process is then closed and no further claims against the Security Deposit are accepted.
Principles governing arbitration

Flatmaters acts as impartial arbitrator in this process, not as advocate for either party. Determinations are based exclusively on the evidence submitted by both parties. Items without supporting evidence are not considered. 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
  • Items not included in the Inventory prepared by the Owner at handover under Section 10.2
  • Claims submitted after the 5-calendar-day damage report window
  • Items without photographic evidence taken post-departure and without an independent third-party estimate or invoice
  • Utility charges not clearly defined as 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 11.3:

  • 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 resulting from failure to comply with house rules: flushing inappropriate items, putting food waste down drains, or any conduct that caused avoidable damage
  • Final cleaning costs if the accommodation is not returned in the same state of cleanliness as when it was handed over
  • Outstanding service charges, utility overages (supported by the original invoice issued by the utility provider to the Owner), unpaid fines, or any other amounts contractually owed by the Student and not settled during the rental 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 they are properly documented in accordance with the process in Section 11.2.

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 residing during the month in which the damage occurred.

11.7 Excess Damages

If validated damages exceed the full Security Deposit, the Student remains financially liable for the outstanding balance. Flatmaters may pursue recovery of this balance through appropriate legal means.

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 rental 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 heating, water, electrical supply, or a structural safety risk), the Student has notified the Owner through Flatmaters, and the Owner has failed to act within 20 calendar days, the Student may arrange the repair independently. 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.

12.3 Utilities

All utility conditions must be fully defined in the Listing before any Booking is confirmed. The Owner must maintain all utility services active and paid throughout the rental period and 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.

12.4 Property Visits

The Owner may access the accommodation during the rental period only with a minimum of 7 calendar days' prior written notice to the Student and Flatmaters, at mutually agreed times. Emergency access due to immediate safety or security risk is permitted without prior notice, provided Flatmaters and the Student are notified as soon as reasonably possible. Visits for prospective buyers require the same minimum 7-day advance notice per visit.

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 rental period

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: the Student forfeits the Security Deposit in full; 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; and the Student must vacate the property within 7 calendar days of notification.

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 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 unauthorized guests, repeated non-compliance with noise or smoking rules, repeated failure to comply with tenant maintenance responsibilities, or similar persistent breaches.

Upon termination under this Section: the Student forfeits the Security Deposit in full; the Student is liable for the rent of the 14-day notice period; and the Student must vacate the property within 14 calendar days. 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 rental period, the following consequences apply:

  • Identity information (name, passport, nationality, visa status, or age): immediate termination under Section 13.1 applies. Security Deposit forfeited in full, plus one month of the Final Price as compensation — a reasonable pre-estimate reflecting the gravity of fraud in the formation of the contract.
  • 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 rent for that period, and forfeits the Security Deposit. Where the Owner elects to continue, the Rental Agreement remains in force under its original terms.

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 — 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: refund of rent paid for any period of non-occupation directly attributable to the breach; full return of the Security Deposit net of only those damages validly attributable to the Student; and compensation under the procedure in Section 10.3.

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; unauthorized subletting or transfer of the reservation; or any illegal activity by the Student in connection with the accommodation. 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 Security Deposit process under Section 11 applies regardless of the reason for termination. 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; making the accommodation available on the agreed dates and in the agreed condition; ensuring the accommodation is ready for handover on the 21st of the first month of the Semester Period, and delivering it to the Student on the Student's declared arrival date, clean and ready; preparing and sharing with the Student the Inventory as described in Section 10.2; maintaining the accommodation throughout the rental period; managing the availability calendar accurately; 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 12.4; complying with all applicable local laws including rental regulations, tax obligations, safety standards, and licensing requirements; and declaring rental income and paying all applicable taxes.

14.2 Prohibition on Unauthorized Charges

The Owner may not request or collect any payment from Students beyond the amounts established in the confirmed Listing. Prohibited charges include: brokerage or agency fees; utility charges beyond those defined in the Listing; and additional deposits or guarantees not specified in the Listing. The only permitted additional charge is a visit fee clearly stated in the Listing rules before the Booking, for voluntary and mutually agreed visits only. Unauthorized 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 arise directly from the Student's own conduct:

  • Property rule penalties: financial penalties established in the Listing rules prior to Booking and incurred by the Student as a result of verifiable violations of those rules. Each such charge must be documented and submitted to Flatmaters for review before it may be deducted from the Security Deposit under Section 11.
  • 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 rental period. The Owner must provide the original official notice or resolution, evidence linking the fine to the Student's conduct, and submit the claim to Flatmaters within 5 calendar days of receipt of the fine. Flatmaters will assess the causal link between the Student's conduct and the fine, acting reasonably and in good faith. 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.

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 Recommendation

Flatmaters strongly recommends that Property Owners maintain an active civil liability insurance policy and, where applicable, a landlord insurance policy covering rental activity. Flatmaters does not offer or arrange insurance products.

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 and all applicable charges on time; respect house 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 as recorded in the Inventory.

15.2 Specific Prohibitions

Students may not: sublet or transfer their reservation; use the accommodation for commercial, illegal, or unauthorized activities; organize events or host long-term guests without express written authorization from the Property Owner; smoke inside the accommodation unless expressly stated otherwise in the Listing; keep pets unless expressly authorized in writing by the Property Owner; drill walls, make structural modifications, or cause damage to the property; cause disturbances to neighbors or other occupants; introduce flammable or explosive substances; or give the property a use different from that agreed in the Rental Agreement.

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.

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 in the Inventory; 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 of 100 EUR per day of delay, to the maximum extent permitted by applicable law, until the accommodation is returned in the agreed condition. 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.

16.3b 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) notification to credit bureaus or equivalent reporting mechanisms where legally permissible in the applicable jurisdiction; and (iii) pursuit through small claims or equivalent simplified procedures where the amount and jurisdiction make this economically proportionate. Flatmaters is not obligated to pursue judicial litigation where the cost of recovery is reasonably likely to exceed the amount owed. 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.

16.4 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.

16.5 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.

16.6 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.

16.7 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; unauthorized charges; legal risk; or Platform integrity protection. Flatmaters will make reasonable efforts to communicate the reason and provide an opportunity to remedy where appropriate.

16.8 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.

16.9 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.

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 recognized 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 contact@flatmaters.com; (2) Flatmaters will respond within 15 business days; (3) if not resolved, the Student may refer the matter to the ODR platform at ec.europa.eu/consumers/odr (EU Online Dispute Resolution platform, pursuant to Regulation (EU) No 524/2013), or to the competent courts of the jurisdiction where the property is located.

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.

17.5 Applicable Law

These Terms, and any disputes related to the Flatmaters Platform or Services 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 written in English as the official legal version. Translations in other languages are for convenience only. In the event of conflict, the English 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. Unauthorized 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. 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. 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) honor all Bookings in course through their agreed end date or facilitate an orderly wind-down; (iii) return all funds held in custody to the party contractually entitled; and (iv) assist in transitioning active rental relationships where operationally feasible.

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  ·  contact@flatmaters.com  ·  www.flatmaters.com

ODR Platform (EU): ec.europa.eu/consumers/odr

19.10 Effective Date

These Terms enter into force upon publication on the Platform and apply to all users from that date.