TERMS & CONDITIONS
HappyInn-General Terms and Conditions Introduction
Thank you for choosing HappyInn to be your new home during your studies abroad. These General Terms and Conditions (hereinafter referred to as terms and conditions) are a binding part of the Rent Agreement you will sign upon arrival to your destination country. This is important and affects your legal rights so please take some time to read them through carefully to know your obligations and rights so that you could enjoy a comfortable stay in HappyInn.
Occasionally HappyInn (hereinafter referred to as the Renter) has the right to make some changes in these Terms and Conditions. When we do that, you will be informed by email, so keep your email address up to date in our database. In the meantime we hope you enjoy your stay at HappyInn.
1. †General Provisions
1.1 The Renter grants the Tenant the Rent, specified in the signed Agreement, the right to use the Furnished Room (hereinafter referred to as the Room), according to these terms and conditions and the Tenant undertakes to use the Room and to pay the Rent to the Renter in accordance to the terms and conditions and the signed Agreement.
1.2 The Parties act in accordance with these terms and conditions, annexes thereto and the law governing Rental relationships.
1.3 The Renter ensures purposeful use and maintenance of the property that the Tenant is granted to use and returns it upon the end of the Agreement.
1.4 The Parties agree to perform any and all duties and obligations arising from the terms and conditions, Agreement and law in good faith, cooperate with the other Party for the performance of all duties and obligations arising out of the Agreement and terms and conditions and refrain from any activity that harms or may harm the interests of the other Party.
1.5 For the purposes of the Agreement others persons allowed to enter the Room under the responsibility of the Tenant, means any person who is not a Party of the Agreement but enters the Room with the Tenant.
2. Object of the Agreement
2.1 The object of the Agreement is a furnished Room. The Rent of the Room gives the Tenant the right to use the common-purpose premises as well as the furniture and things located in the mentioned premises (hereinafter referred to as the common areas). The Room and the common areas hereinafter jointly referred to as the Property or HappyInn.
3. Purpose of the Use
3.1 The Tenant has the right to use the Room only for residential purposes in accordance with the Lithuanian law. Only the Tenant has the right to live in the Room. The Tenant does not have the right to accommodate in the leased Room family members or other Parties without the Renterís approval. By signing this Agreement the Tenant confirms that they have thoroughly read, understands and agrees with the internal property rules.
3.2 The purpose of the Room use is the accommodation of the Tenant in the Room and the keeping of the Tenantís personal belongings. Economic and professional business activities are not permitted without the respective written consent of the Renter.
4. Period of the Agreement and price policy
4.1 The Renter offers time slots of a minimum 5 month lease term, relevant to degree, exchange students and young professionals, etc.
4.1.1 Autumn semester- 1st September to 31st January (5 months)
4.1.2 Spring semester- 1st February to 30th June (5 months)
4.1.3 Full academic year- 1st September to 30th June (10 months)
4.1.4 Full calendar year- 1st September to 31st August (12 months)
For any other date requests contact firstname.lastname@example.org
4.2 The Tenant can conclude the curRent Agreement and enter into the new Agreement by sending a request to the Renter in a written form at least 30 days before the end of the Agreement.
4.3 The Tenant can move in before the beginning of the Agreement by informing the Renter in a written† form at least 30 days before the respective date of move-in or move-out of the Agreement. The Renter will allow this only based on the availability and Tenants Agreement to comply with the market daily rate.
5. Handing over
5.1 The Room shall be handed over to the Tenant by the date specified in the Agreement (hereinafter referred to as ďContract Start DateĒ. If the Room is given to the Tenant/If the Tenant is provided with the Room earlier or later than the ďContract Start DateĒ, the date of the handover shall be referred to as the ďHandover DateĒ.
5.2 For the purposes of these terms and conditions, the handing over of the Room to the Tenant means offering the set of keys from the Room to the Tenant and granting the Tenant and granting the Tenant actual possession of the Room. The Renter will the Room over to the Tenant on the date of the Agreement entry into force if other dates are not agreed by the both Parties.
5.3 Upon handing the Room over to the Tenant, the Parties shall draw up and sign a Deed of delivery and receipt of the room, which will constitute Annex 1 of the Agreement which is an inseperable part of the Agreement.
5.4 The Deed of delivery and receipt of the Room describes the list of items located in the room, their value and condition at the moment of delivery.
5.5 Check-in time takes place from 14:00. 20EUR fee will apply for late check-in after 18:00.
5.6 Check out time takes place until 12:00. 20EUR shall be withheld from the security deposit in case of late move-out. Check out is referred to as the time the room key is returned to administration.
5.7 Room inspection takes place upon entering and returning the room.
6.1 The Rent for using the Room is set in the signed Agreement.
6.2 The Renter has the right to raise the Rent once per calendar year. Before raising the Rent the Renter will inform the Tenant about the raise at least 30 calendar days in advance and specify the actual date when the Rent rises. At this point the Tenant has the right to cancel the Agreement without any financial impact by informing the Renter 30 days in advance before the new price policy will take effect.
6.3 In case of the Rent price riase, the Tenant must pay the additional portion/amount of the security deposit/additional security deposit no later than by the first due date of the increased Rent.
7.1 The Tenant pays additional penalties for each incident:
∑ Appropriate penalty for any damage caused in the rooms and common areas;
∑ 40EUR for issuing a new key, if the originally provided one has been broken/lost;
∑ 50EUR as a debt management fee if the payment for Rent has not been received by the 10th day from when the invoice was issued;
∑ 50EUR penalty for unauthorised night guests;
∑ 50EUR penalty for disruption and noise;
∑ 50EUR penalty for not abiding and not following indoor rules;
∑ 100EUR for smoking in the HappyInn property, including indoors and on the balconies and/or for uninstalling or covering a smoke detector;
∑ 100EUR penalty per person for disturbing the peace during the hours of 22:00 to 8:00;
∑ 100EUR penalty for the removal of items placed in the common areas;
∑ 200EUR penalty for bringing extra appliances and furniture into the room without the Renterís permission.
7.2 Under the following circumstances there will be no penalties issues, but termination of the contract will take place immediately:
∑ Harassment to HappyInnís members of staff, including verbal and physical abuse and threats;
∑ Damage to property which exceeds the value of 250EUR;
∑ Disruption of peace repeatedly;
∑ Incurrence of debt over 500EUR.
8. Security Deposit
8.1 Security deposit only covers Agreementís related claims of the Renter against the Tenant only at the end of the Agreement. The amount of the security deposit can be equal to the amount of 1 monthís Rent as specified in the Agreement.
8.2 On the date of booking the Room, the Tenant must pay the Renter the security deposit. The price of the security deposit increases along with the price of the Rent.
8.3 Upon ending the Agreement, the securiy deposit minus (-) the cleaning fee (40EUR per person) should be refunded by the Renter to the Tenant within 30 days from the Agreementís end date (if there is no outstanding debt or additional damages in the HappyInn property incurred by the Tenant).
8.4 The Parties have agrred that during the Agreement term the Renter will not settle their claims against the Tenant at the expense of the security deposit.
8.5 The security deposit is non-refundable in the case of the Tenant termiating their contract before its end date.
9. The procedure of payment and late payments
9.1 Rent is isssued monthly from the Agreementís start date until the Agreementís end date.
9.2 The Tenant must pay the Rent for each month according to the Renterís invoice by the 7th (seventh) day of each month. If the Tenant has not received the invoice by the 3rd (third) day of the month, the Tenan has to inform the Renter of such a situation.
9.3 The Tenant must pay the Rent and security deposit prior to the move-in date as specified in the Agreement.
9.3.1 Demand that the Renter allows using the room and, in connection therewith, one set of the keys granting access to the Room if there is no outstanding debt.
9.4 In a situation where a debt management fee has been issued, the debt wonít be deemed settled until the Rent and fee, paid in whole, have been satisfied.
9.5 Payments by the Tenant shall be deemed to have been paid on the date where the corresponding amount has been received by the Renterís bank account.
9.6 If the remaining balance of the security deposit is smaller than the transfer fee, it will not be returned by a bank transfer. The costs of an international bank transfer will be paid by the recipient.
9.7 All payments specified in the Agreement are made in euro (EUR).
10. Rights of the Parties
10.1 †The Renter has the right to demand the Tenant to perform the duties and obligations established in the Agreement.
10.2 †In addition to other rights set in the Agreement, the Renter has the right to:
10.2.1 †Enter the room by unlocking the door if it is necessary in order to ensure the compliance with the terms and conditions, in order to accomodate new residents, to perform urgent repairs or in case of emergency and when the Tenant is out or does not allow the Renterís employee to enter;
10.2.2 Confiscate the keys/keycards from persons who have not received authorisation to use;
10.2.3 Enter contracts of use of the property with other persons, depending on the number of residents that the property can accommodate;
10.2.4 Demand debt management fee (50EUR) if the Rent is not received in the bank by the 10th day from the date an invoice was issued;
10.2.5 Demand Tenantto move from one twin shared room to another twin shared room, if the Tenant lives in a twin shared room alone;
10.2.6 If possible to place Tenant into a twin shared room considering Tenantís age, gender and cultural background;
10.2.7 Change the Tenantís room in accordance to the needs of the property;
10.2.8 Prevent access to the Tenantsí room if the Tenant has inquired 50 EUR in debt to the company;
10.2.9 Complete emergency work on the premises without due notice;
10.2.10 Refuse service to anyone;
10.2.11 Contact local authorities in relation to any knowledge HappyInn has regarding legal activity.
10.3 In addition to other rights set in the terms and conditions, the Tenant has the right to:
10.3.1 †Demand that the Renter provides information relating to the Room and the use thereof;
10.3.2 Ask to change the room (if possible) for a 50EUR service fee.
11. Duties of the Parties
11.1 The Renter undertakes to:
11.1.1 Grant the Tenant use of the property that constitues the Room, including 1 set of keys;
11.1.2 Invoice the Tenant for the Rent.
11.2 The Tenant agrees to:
11.2.1 Use the Room and the propertyís common areas responsibly, by ensuring they are fulfilling their obligations to the terms and conditions;
11.2.2 †Ensure they are maintaining a clean and tidy space at all times;
11.2.3 †Follow the instructions, directives and precepts of the Renterís representative and the internal rules of accommodation, fire safety rules and other rules;
11.2.4 †Maintain the Room and the propertyís common areas clean after use;
11.2.5 †Coordinate with the Renter in writing any and all alterations in the Room and in the propertyís common areas;
11.2.6 Inform the Renter of any and all incidents, such as fire, noise complaints smoke, etc. via the HappyInn support phone number and/or email immediately, so that the Renter can take immediate measures for the elimination of the accidents and their consequences and for granting the safety of the HappyInn residents;
11.2.7 †Bear material liability for the preservation and maintenance of the Renterís property handed over to the Tenant and compensate the damage caused or the expenses incurred for putting them in order;
11.2.8 †Return the property to the Renter by 12:00 pm and on the date of the end of the Agreement. Return the property to the Renter within the same condition that the Tenant received it but within the norm of wear and tear;
11.2.9 †Pay the Rent in the amount and in accordance with the Agreement and terms and conditions;
11.2.10 Compensate the expenses incurred by the Renter for the recovery of a debt, 50EUR debt management fee;
11.2.11 Not hand the Room (including the keys) over to other persons without the written consent of the Renter.
12. Liability of Parties
12.1 †The Parties bear full material liability for failure to perfom the terms and conditions of the Agreement as well as for causing damage upon Renting the Room.
12.2 †The Renter is not liable for the preservationof the property in the Room given to the Tenant.
12.3 †In the event of non-preservation of property in the common areas, the Tenant will bear material liability.
13. Termination of Agreement
13.1 If the Tenant terminates the Agreement before the Agreement end date, the security deposit and pre-payments will not be refunded to the Tenant. Security deposit and pre-payments shall be refunded to the Tenant if the reason of cancellation of the Agreement is any of the reasons specified in clause 13.2-13.3.2.
13.1.1 †If the Tenant terminates the Agreement, the security deposit will be refunded to the Tenant.
13.2 †With good reason a Party may cancel the signed Agreement extraordinarily with an immediate effect by making a declaration of cancellation provided by the law.
13.3 †Among other things, the Tenant has a good reason to cancel the Agreement if extraordinarily;
13.3.1 †The Renter does not allow the Tenant to possess or use the room without reason.
13.3.2 Circumstances where the Tenant no longer needs the Room, has found better premises or lack funds for paying the Rent do not constitute a good reason for the extraordinary termination of the Agreement by the Tenant before the specified Contract End Date.
13.3.3 The Renter does not provide the Tenant with electricity, heating, or water on the Property and has not eliminated a breach of the obligation within 30 (thirty) days after receiving a respective notice thereof from the Tenant
13.4 Among other things, the Renter has a good reason to cancel the Agreement extraordinarily and not to refund the security deposit if:
13.4.1 †The Tenant uses the Room or common areas for illegal activity or in conflict with the purpose of use, including if the Tenant disturbs the peace of other residents of the building or creates noise or other inconveniences and/or breaches terms and conditions;
13.4.2 The Tenant has failed to pay the Rent by the 10th day from when the invoice was sent;
13.4.3 The Tenantís debt exceeds the Rent payable for one month;
13.4.4 The Tenant does not allow the Renter to exercise a right or several right set in Article 11.2 of the terms and conditions or breaches a duty or duties set in Article 11.2 of the terms and conditions;
13.4.5 The Tenant uses the property for a purpose other than the intended purpose or has granted other Parties use of the property without the Renterís evident permission;
13.4.6 The Tenant has intentionally or due to negligence damaged the property.
13.5 †If the Tenant disturbs the peace of other residents of HappyInn with their behaviour and this can be certified by an application submitted to the Renter or the authorities (i.e. the police), the Agreement shall be deemed terminated without notice.
14. Return of premises upon termination of Agreement
14.1 The Tenant must vacate the Room on the date of termination of the Agreement and hand it over to the Renterís representative. Otherwise the Renter will have the right to take the following steps:
14.1.1 In the presence of a witness, to enter the room used by the Tenant;
14.1.2 †Clear the Room of the Tenantís personal belongings, take possession and deliver them to charity organisations and/or dispose of them within 5 days from the Tenantís departure date.
14.2 If in spite of advance notice the Tenant is in refusal to vacate the Room, the Renter will have the right to take measures in accordance with the las of the country of operations in order to vacate the Room.
14.3 The Tenantís duty to vacate the Room in accordance to the Agreement will be deemed as fulfilled if the Tenant has vacated the Room that was in the possession of the Tenant and any other persons who were allowed to enter the Room under the responsibility of the Tenant and made it possible for the Renter to exercise full possession of the Room, including handed over all the keys that grant access to the Room to the Renter. In the case of the Tenantís failure to vacate the Room timely, the Tenant agrees to pay the usage fee in the double amount of the daily rates for each day of delay. The Parties agree that the payment of such a fee does not constitute an extension to the period of the Agreement or a conclusion of a new Rental Agreement.
14.4 Regarding the defects that the Renter did not notice upon return of the Room or that the Renter could not be aware of, the Renter will have the right to file complaints against the Tenant within one (1) month.
14.5 Upon the end of the Agreement all costs connected to the Agreement will be debited from security deposit from security deposit if there are some claims against the Tenant.
14.6 Check out time is until 12:00. If the Tenant would like to check out at a later time, the Tenant is required to contact the Renter in advance. Based on availability, later check out may be possible for additional charges. Daily prices apply.
15.1 †Any and all Notices, declaration, requests, claims, explanations, complaints, etc. relating to the Agreement and terms and conditions (hereinafter referred to as the Notices) must be given to the other Party personally against signature, by registered letter or e-mail to the address specified in the Agreement. The Notice sent by e-mail shall be deemed as receivedfrom the third working day since the date of its sending.
16. Force Majeure
16.1 Neither Party shall be liablenfor any delay or failure in performing any of its obligations under this Agreement if the delay or failure results from events or circumstances beyond its reasonable control (including without limitation any acts of restrains of governments or public authorities, war, revolution, riot or civil commotion, disasters or fire (hereinafter referred to as the Force Majeure)) provided that the Party so affected shall send to the other Party a written notice within three (3) days of becoming aware of such Force Majeure event giving full particulars thereof including the date of the first occurence, the circumstances giving rise to it and an indication of the duratioof such circumstances. If the peiod of delay or failure extends for thirty (30) days or more from the date of notification of the Force Majeure Event to the other Party, either Party shall have the right to terminate the Agreement forthwith by written notice.
17. Disputes resolution
17.1 †This Agreement is governed by the Lithuanian law. The Parties try to resolve all disputes relating to the Agreement and terms and conditions by a way of negotiations. In the absence of an amicable settlement, any dispute arising out of or in connection with this Agreement shall be settled by the courts of the Republic of Lithuania.
18.1 The Agreement and single terms thereof are not subject to disclosure to third prties without the consent of the other Party. The Parties must keep the information received on the basis of the Agreement confidential.
18.2 The entire information that would not have been disclosed to the Parties without the conclusion and performance of the Agreement is deemed confidential.
19.1 In matters not regulated by the Agreement, the Parties will follow the Lithuanian law.
19.2 †All the terms of the Agreement are independent and seperable from one another. The ineffectiveness of a term will not result in that of other terms. The terms of the Agreement, except the Rent (in accordance to this Agreement) may be amended by the Agreement of the Parties.
19.3 †All Agreement on the performance, amendment or termination of the Agreement must be drawn up in writing and signed by both Parties. Agreements disregarding this requirement ar ineffective.
19.4 The Parties agree to inform immediately the other Party of a change in their adress or other contact details specified in the Agreement. In the event of a breach of the duty, the other Party may rely on the (former) contact details known to it upon exercising the rights and performing the duties and obligations relating to the Agreement.
19.5 †The terms and conditions have been made in the English language. The Agreement will be made in either English or Lithuanian. In the event of any conflict between the language versions, the English version shall dominate. The Agreement has been made in two counterparts of legal equal force, one for the Renter and one for the Tenant.