1. Purpose of the agreement
GLOBEXS is a company whose main activity is the provision of various services to expatriates and/or the companies they work for, as well as the commercial intermediation of suitable accommodation for expatriates and their families for non-tourist purposes. GLOBEXS has an Internet platform through which owners can make their properties available to tenants for temporary relocation purposes.
The OWNER intends to rent to expatriates the PROPERTY described in the particular conditions, of which he declares to be the sole and legal owner, and wishes to make use of the services of GLOBEXS. The OWNER authorizes GLOBEXS, in the name and on behalf of the OWNER, to negotiate and sign leases for the said property in accordance with this contract. GLOBEXS acts as an intermediary agent of the OWNER, being neither lessee nor lessor. This means that GLOBEXS will have the sole responsibility of an intermediary, not being a party to the rental contracts.
The rent that the OWNER wishes to receive is determined in consultation with GLOBEXS, and may vary for each lease between the OWNER and the LESSEE, depending on the length of stay. For each rental, the rental price (including all costs such as water, electricity, gas, wifi, community fees, taxes, etc.) will be agreed between the OWNER and the LESSEE with the intermediation of GLOBEXS.
The OWNER shall bear the costs of utilities such as electricity, gas, water, television, property taxes, maintenance and repair costs. In the case of energy costs (electricity + gas) that exceed the monthly amounts agreed in the particular conditions, they will be paid by the LESSEE on a monthly basis. The OWNER is obliged to justify the extra energy costs with invoices, which must be sent to GLOBEXS on a monthly basis. Energy bills older than 3 months cannot be taken into account, nor can GLOBEXS or the tenant be required to pay them. The OWNER shall ensure that the utility rates are as optimal as possible so that they do not lead to unnecessary extra costs for the tenant.
GLOBEXS will pay the amounts received as rent to the owner on a monthly basis, either in cash at the GLOBEXS office (max 1000€), by PayPal or to the bank account established by the owner in the particular conditions. There are 2 payment days per month: the 5th and the 20th of each month. GLOBEXS will pay the monthly rent to the OWNER on the 5th or 20th of the month, unless GLOBEXS has not received the rent from the tenant yet.
Rental contracts are always accompanied by a deposit, paid by the tenants. The amount of the deposit is negotiated between GLOBEXS and the OWNER for each booking. By default, the deposit is 1 month’s rent. The purpose of the security deposit is to ensure the correct and complete execution of the rental contract by the tenant and to cover any damage to the dwelling or loss and damage to the contents of the dwelling caused by negligence or error on the part of the tenant. The security deposit does not apply to damage or loss caused by normal wear and tear to the dwelling or its contents. The OWNER authorizes GLOBEXS, on behalf of the OWNER, to collect and manage the deposit for each booking.
Tenant fees (charged to the LESSEE)
For its services, GLOBEXS charges the LESSEE a commission, an administration fee, a linen fee and/or an agency fee. These fees are variable and depend on the duration of the booking. They are charged in addition to the rental price that GLOBEXS has agreed with the OWNER, and will be invoiced and paid by the LESSEE.
Service fee (charged to the OWNER)
GLOBEXS will charge the OWNER a fee equivalent to 2% of the monthly rent as a service fee for those commercial intermediation services rendered during the term of the rental. GLOBEXS will issue an invoice for this concept quarterly, or at the end of the contractual relationship in the event that the lease is for a shorter period.
Publication fee (charged to the OWNER)
The publication and marketing of the property is subject to an annual publication fee of 99€ (+VAT) to be paid by the OWNER. The OWNER is not required to pay in advance the publication fee. This amount will be deducted from the first month’s rent from the first booking. In the second year, the publication fee will be invoice automatically exactly 12 months later. From that moment onwards, the publication fee will be invoiced automatically to the OWNER every 12 months, until the OWNER ends the agreement with GLOBEXS.
3. Authorization to publish the property
The OWNER authorizes GLOBEXS, in the name and on behalf of the OWNER, to publish his property on the GLOBEXS online portal (www.globexs.com) and to publish the property. GLOBEXS publishes a rental price, monthly expenses and an agency fee. The amounts of these items are not binding. These amounts are for information and advertising purposes only and do not necessarily reflect the actual amounts stated in the rental contract. The rent that the OWNER receives for a reservation is determined in consultation with GLOBEXS, and may vary for each rental. For each rental the rental price received by the OWNER includes all charges such as water, electricity, gas, wifi, community charges, taxes, etc. within the limits set out in the rental contract.
4. No exclusivity
GLOBEXS does not require exclusivity. The OWNER is entitled to publish the property through other sources. However, if the OWNER has a reservation through a different source, he/she is obliged to inform GLOBEXS of the dates within 24 hours, so that GLOBEXS can adjust the internal availability calendar of the property. The OWNER may not rent directly to a GLOBEXS customer. If a tenant wants to extend an existing rental agreement, the OWNER is not authorized to conclude the new agreement directly with the tenant, unless GLOBEXS expressly gives permission in writing.
5. Contract extension
GLOBEXS may not automatically extend the leases without prior notification to the OWNER, who must confirm or reject the extension within 72 working hours. GLOBEXS may offer tenants who are currently living in the property an extension of the rental contract as long as the OWNER has not previously communicated that the property has been rented through external channels to GLOBEXS and it coincides with the dates requested by the LESSEE. In the event that there are no prior bookings notified that coincide with the dates of the possible extension, and the OWNER does not respond to the extension request within 72 working hours, GLOBEXS will have the power to accept or reject the extension of the rental contract on behalf of the OWNER.
6. Duration and termination
This intermediation agreement is concluded for an indefinite period of time. Either party may unilaterally terminate this contract by giving one month’s notice; in this case, the other party must be notified in writing. In the event of termination of the contract by the OWNER, the OWNER is in any case obliged to respect and execute in good faith the reservations already made and confirmed by the LESSEES or future LESSEES managed through GLOBEXS.
If the OWNER is unable to honor a reservation already made and confirmed as a result of the loss or sale of the property or damage to the property, the OWNER shall be liable and shall therefore pay GLOBEXS a minimum of 20% of the total amount of the reservation made and confirmed, up to a maximum of one month of the rental price.
Reservations confirmed to the OWNER through GLOBEXS cannot be modified or cancelled by the OWNER (except for previous reservations made through non-GLOBEXS channels duly notified) and will have priority at all times over any other reservation. In case the LESSEE decides for any reason not to come or not to use (any more) the booked house, GLOBEXS shall not be liable towards the OWNER, nor shall GLOBEXS be obliged to compensate the OWNER in any way. However, the OWNER, depending on the exact situation, will be obliged to respect the cancellation policy.
8. Obligations of the OWNER
In order to ensure a high-quality service for the benefit of the tenant, the OWNER guarantees GLOBEXS the proper fulfilment of the following obligations in relation to the rented property:
- The OWNER must ensure that the rented house is sufficiently furnished and equipped with the necessary equipment for the number of persons for whom the house is intended.
- All electrical appliances must be in good condition and in perfect working order. There should be a refrigerator with sufficient space for the number of persons for whom the house is intended.
- Beds must be in good condition and clean (including mattresses and bedding).
- The accommodation must be handed over spotless, completely clean and in good condition, as well as free of personal belongings. Cleaning products, shampoo and toilet paper are provided.
- The OWNER must ensure that the utilities (electricity and/or gas, water, wifi and TV) are connected and operational throughout the rental period.
- If during the rental period there are interruptions in the supply of wifi, electricity, gas or water, the OWNER is obliged to remedy this situation immediately and/or to refund the tenant a proportional part of the rental price for the number of days without supplies, as compensation for the inconvenience suffered.
- If the disruption is so serious that the tenant suffers a serious loss of enjoyment and the house cannot be used for the purposes for which it is intended, the rental contract will be terminated immediately without the OWNER being able to make any claim and/or compensation.
9. GLOBEXS liability
GLOBEXS is not responsible for the security of the property, nor for any damage suffered by the tenants when using the property and everything in it. It is the sole responsibility of the OWNER to have insurance that covers at least the damage caused by fire or theft, as well as civil liability arising from the acts or omissions of the users of the property. GLOBEXS shall collect the rent on behalf of and for the account of the OWNER from the Hirer during the rental period, but GLOBEXS shall not be liable in any way to the OWNER for the fact that the tenant has not paid the rent – temporarily or permanently.
Any modification, adaptation or addition to the provisions of this Agreement shall be valid and effective only if both Parties have expressly agreed in writing to such modification, adaptation or addition.
11. Legal Information
In order to comply with the provisions of the Ley 15/1999, of 13 December, on the Protection of Personal Data, GLOBEXS informs the OWNER that their personal data, as well as other data provided for the provision of the service adopted, will be included in a file with the corresponding notification to the AEPD (Spanish Agency for the Protection of Personal Data). The data is collected solely for the purpose of providing our services correctly. In accordance with the aforementioned law, you have the right to access, cancel, modify and reject the data. To exercise this right, you must contact GLOBEXS indicating your identification number and the request form correctly completed and signed. GLOBEXS informs the OWNER that their relationship is subject to the requirements and guarantees established in Ley 34/2002, of 11th July, on information society services and electronic commerce.
12. Applicable law and competent court
This agreement, as well as any dispute relating to the validity, interpretation, execution or termination thereof, shall be governed exclusively by Spanish law. Any dispute that may arise in connection with this agreement shall be resolved exclusively by the competent courts of Valencia and the Parties expressly waive any other jurisdiction.
Drafted at the city indicated at the top of this document in two originals, each of which has been signed separately and of which each party acknowledges receipt of one original. On the date and at the place indicated in the heading of this contract.