These Terms and Conditions constitute one of the components of the Sublease Agreement between STAY PROPERTIES S. à r. l., a Luxembourg based company with its office at 4, Rue de l’église L-4994 Schouweiler and companies register No B236623 acting as the Sublessor, and the client who takes the property from the Sublessor (the Sublessee). Please, bear in mind that the following Terms and Conditions hold your legal respective, reciprocal and corrective rights. The Sublessee acknowledges the terms stated in this agreement by making the payment of the rental fee.
1. Unit
The following Unit The Sublessee shall utilise the Unit in the course of the Term subject to the terms of this Agreement. The Sublessee understands that the Sublessor may own some or all of the furniture and furnishing in the Unit but the Unit and the building where it is situated belongs to a third party (the “Owner”).
2. Fees
Payments All fees can be paid by credit cards or bank transfer. The Sublessee agrees that due to the necessity of having bank transfers, the Sublessor may bear some costs and losses in case the issuing bank rejects the transfer.
3. Security Deposit
The Sublessor can ask for a Security Deposit that will be held during the Term as an assurance of the Sublessee’s compliance with this Agreement. After Sublessee vacates the Unit, the security deposit may be kept by Sublessor and used for any purpose authorised by law, including but not limited to repairing damage caused in and to the Unit, its furnishings or fixtures (except for normal wear and tear), as well as compensating for other costs due to misuse of the Unit by Sublessee. The Security Deposit is not an exclusive means of recovering damages and expenses; thus, more than this sum should be paid by sublessee. However, no amount from it can be applied towards such charges as Fees including last month rent. Within four (4) weeks following deductions and provided it is legally necessary, the remaining portion of Security deposit would be returned to sublessee.
4. Cancellation Policy
5.1 The Sublessee can cancel their Reservation by giving written notice through an email sent to the Sublessor, using the address given in “Notices” part of this Agreement. Cancellation will not be considered valid unless a confirmation in writing is received by Sublessee from Sublessor acknowledging receipt of cancellation notice. If the sublessee cancels at least 14 days before the check-in date, they will receive a full refund of all fees paid. Conversely, if the sublessee cancels less than 14 days before the check-in date, no refunds will be issued.
5.2 We endeavour to process applicable refunds within the shortest time possible. Unless required otherwise by any law for early terminations or following check-out dates, we make sure that all refunds have been processed within thirty days after the cancellation notice is received.
5. Early Termination by Sublessee
Subleasee can terminate the lease with a written notice period of 45 days. The rent will be adjusted in accordance with actual time spent.
6. Term Extensions
In case the Sublessee decides to extend the lease, they are required to notify the Sublessor in writing at least 48 hours before the termination date of the contract. Permission for such periods is dependent on availability and correspondingly adjusts subletting rates. This extension will only become valid if extra cost has been paid by Sublessee towards added duration of stay. The initial agreement still holds until when it expires after a given period which signifies its annulment.
7. Use and Occupancy
The Unit is to be used exclusively as a private residence for a single-family household and shall not be used for any business, professional, or commercial activities. The Sublessee is prohibited from placing or storing personal belongings outside the Unit; any unauthorised items will be removed and disposed of by the Sublessor or Owner without notice. Only the Sublessee and individuals explicitly listed on the Confirmation (such as partners, spouses, and/or children, hereafter referred to as “Authorised Occupants”) may reside in the Unit during the lease term. All terms and conditions outlined in this Agreement apply equally to Authorised Occupants.
If any person other than the Sublessee or Authorised Occupants stays in the Unit for ten (10) or more consecutive days or for more than fifteen (15) days within a sixty (60) day period, prior written approval from the Sublessor is required. Under no circumstances shall the occupancy of the Unit exceed two (2) persons per bedroom at any time.
The Sublessee must not cause or allow any waste or nuisance within the Unit or Building. Actions that disturb the comfort, safety, or enjoyment of other Building residents are strictly prohibited.
8. Care of Unit
8.1 It is the responsibility of the sublessee to keep the place clean and in good shape along with all provided furniture, fixtures, furnishings provided. The sublessee promises to maintain the interior decor of the unit as it was at its inception, ensuring that all furniture, fixtures and fittings are kept in their original state of decoration. In case any of these objects are broken, lost, stolen or damaged during lease period, it will be repaired or replaced at the expense of Sublessee reimbursing Sublessor where appropriate.
8.2 Maintenance issues such as pest infestation among others must be promptly reported by Sublessee. Without undue delay but within forty eight hours after discovery of defect is when notice should be given. Also, the Sublessee agrees to keep blockages in waste pipes caused by improper use clear for a fee upon demand from his/her lessor.
8.3 The Sublessee is supposed to make sure that smoke or carbon monoxide detection devices that are battery operated if any should keep functioning by replacing the batteries as may be needed. In case a tenant wishes so, a lessor can help out with putting in new batteries when they will be required. According to the law, the Sublessor has a right of entry into the leased premises to inspect and maintain such equipment. This agreement also makes it illegal for the Sublessee to tamper with or remove any installed appliances and these acts shall be treated as material breaches.
8.4 The Lessee shall not make any alterations, improvements or additions to his unit, common areas or buildings at all. Some of these modifications comprise reconstructing, refurbishing, decorating and refinishing of the floors plus many more things. For example, forbidden adjustments include sticking adhesive tape on cupboards, walls or doors; fixing hangers for plants or other devices on top as well as sides; placing blankets on floors and walls; installing electrical gadgets and external antennas either within or outside of an apartment.
8.5 As per mould prevention rules, sublessees must prevent their dwellings from harbouring moulds by maintaining them clean always. This involves using exhaust fans in bathrooms where they exist and opening windows whenever necessary in order to minimise moisture buildup in houses which could lead to growth of fungus like moulds.
9. Repairs & Maintenance
9.1 The Sublessor has a client support team to assist in cases of maintenance issues from 9am to 6pm Monday through Friday. In emergency cases, there is an emergency hotline that operates round the clock. All problems not requiring urgent attention must be submitted before regular office hours of the next business day. All necessary maintenance requests will be handled by the Sublessor and depending on the case, charges may apply to the Sublessee.
9.2 The Unit shall be entered into by any person who is authorised by law, including Sublessor and property managers but in case of emergency, then it can be entered immediately.
9.3 The Unit may require repairs or renovations occasionally which would maintain it and other Buildings in good condition, such repairs could lead to temporarily restricted access to certain areas or amenities for instance swimming pools, fitness centres and even laundry facilities among any other common areas like that.
10. Relocation
An individual Unit may be rendered temporarily or permanently unavailable during all or part of the stated Term, possibly due to a major building repair and maintenance issue(s) as well as circumstances like natural disasters. In such an event, the Sublessor shall have the right to relocate within a reasonable period of time thereafter, Sublessee to other premises in another quite similar quality building with little notice. If Sublessee is notified to relocate and does not want to move, or if the Unit becomes unavailable during Term of Agreement, then sublease will be cancelled and refund given for remaining prorated fees. In the event that this Agreement is cancelled, neither the Sublessor nor Owner shall be liable to pay compensation other than as stated in Paragraph 8 above. The sublessee will be given an opportunity to move into another property under a mutual agreement for a specific period Should the Sublessee request to relocate, they will be charged for one-time relocation half a month rent of Room D where previously occupied by tenant and cleaning fee ( One time premise cleanliness & maintenance charges) The only exception to the relocation fee is if the sublessee provides written notice of his/her desire by sending it through USPS certified mail at least 30 days prior to their planned move out date.
11. Check-in/Check-out Times
Check in time is after 3 PM on your start date of the lease and check out is at or before 10 AM on your end date. Subject to availability, guests may be able to arrange a different time for check-in. If the Sublessee does not turn over his or her keys and vacate by 10AM on the check-out date, then The sublessor reserves the right to charge an additional day of rent for every single day that any person continues to occupy the unit. This policy is to address late check-outs on the specific check-out day and without limitation of any legal right or remedies that Sublessor shall have in case failure by Sublessee to vacate Unit as required.
12. Background Checks
Everyone of the potential Sublessee(s) and Authorised Occupants named in the Sublease Agreement may need to undergo background checks. If the Sublessor wishes to conduct a background check, the tenant and any Authorised Occupants shall consent as required by State Law for leasing the Unit.
13. Building Regulations and Compliance
Sublessee and any Authorised Occupants must adhere strictly to all rules and regulations governing the Building, including any directives issued by the Owner and provided by the Sublessor to the Sublessee. Copies of the Building rules can be obtained upon request from the Sublessor. Sublessee is responsible for ensuring that their guests and visitors also comply with these rules.
Failure to comply with the Building’s rules and regulations by Sublessee, Authorised Occupants, or their guests may constitute a material breach of this Agreement, allowing the Sublessor to terminate the Agreement and request that the Unit be vacated.
14. Prohibition on Assignment and Subleasing
The sublessee cannot transfer their rights or lease any portion of the unit to someone else. Trying to advertise, post online, or rent out the unit to others is a major violation of this agreement. If this happens, the sublessor can end the agreement right away and require the sublessee to leave the unit, as allowed by law. If anyone other than the sublessee or an authorised occupant stays in the unit, whether they pay or not, it will be seen as unauthorised subletting or assignment according to this section.
15. Scheduled Unit Inspections
In addition to the Sublessor’s right to access the Unit for maintenance and repairs, the Sublessor can also schedule non-emergency visits to the Unit with twenty-four (24) hours’ notice. These visits may be done to:
16. Non-Smoking Policy
The unit is non-smoking. No smoking is permitted in the unit or in adjacent outdoor areas, including any entrances or balconies of the building and all other common areas.
If this provision is breached, the participant agrees to pay EUR500 per incident. In addition, Tenant will cover costs associated with furniture replacement, deep cleaning, repainting, and other necessary restoration work, and furniture and decorations have returned to normal.
The Sublessee shall notify all residents and guests in the unit of this smoking policy and ensure compliance. Any breach of this provision by the renter or their guests will be treated as a serious breach of contract and is subject to termination.
The Sublessee acknowledges that there may be other rooms in the building where smoking is permitted, and that the Lessor cannot control such activities. The Sublessor bears no responsibility for damages or health issues arising from tobacco or related products used by other Building occupants. If smoke from external sources is noticed in the Unit, the Sublessee must promptly notify the Sublessor in writing.
17. Furniture Policy
Sublessees cannot remove any furniture or furnishings from the leased premises without explicit permission from the Sublessor. If they need to remove anything, they must get approval from the Sublessor and may have to pay extra. This rule is in place to make sure that the leased property stays in its original condition as stated in the lease agreement.
18. Keys & Premises Access
If the space is subleased, the tenant will be provided with keys, electronic access and parking controls for the property and the building. It is the lessee’s responsibility to keep the unit secure until all keys, access cards and parking controls have been returned to the sublessee. Sublessee shall not change locks, re-key, or add additional locks or security devices without Sublessee’s prior written consent. If no keys or access items are returned, Sublessee agrees to reimburse the associated costs, including the cost of re-keying expenses.
19. Lockout Policy
If the subtenant is locked out of the unit or building, the lessor or building managers may charge for the lockout work as set forth in the current additional rates. This amount is to be updated at the discretion of the subcontractor.
20. Prohibited Activities
The unit is strictly for residential use. Any illegal activity by the client or their guests is strictly prohibited. Any breach of this provision constitutes a serious breach of the Agreement, and entitles the Subholder to terminate the Agreement immediately.
21. Subordination Clause
This Agreement is governed by the Master Lease between Subcontractor and Property Owner (the “Lease”). If the original agreement between the sublease and the owner is terminated early, this sublease will also be void. In such case, the lessee shall vacate the lease, and any further action in connection with the transfer shall be subject to the conditions described in Section 11 regarding Relocation.
22. Termination Clause
22.1 This Agreement is initially for a fixed term and terminates automatically on the specified date of departure. Any amendment or extension must be approved in writing and signed by both parties, with at least thirty (30) days notice prior to the date.
22.2 Sublessee reserves the right to immediately terminate this Agreement by giving written notice in the following circumstances: (i) Sublessee damages Unit by Sublessee, (ii) any Building Regulations and Plans supplied by Sublessee, ( iii) criminal provision of Business Sublessee, (iv) material breach of this Agreement by Sublessee In cases other than those specifically provided for in the Agreement.
23. Vacating the Premises
Vacation Requirement: The Sublessee is required to vacate the unit by the designated vacation date or upon earlier cancellation of the contract. At the time of termination, whether on the move-in date or early termination, the lessee must completely vacate the premises, including any parking and storage areas All keys, belongings furnishings (if provided), and the premises themselves, except for general damage, condition at the time of rental, must be returned to the subsidiary.
Delivery of Possession: Possessions are deemed to have been delivered when the signatory returns the keys within reasonable business hours as specified in the contract, or complies with the termination procedures of the wearer and the bottom points outwards, like the smart lock system or lockbox that will be used.
Non-Vacation Consequences: If the renter fails to move by the specified date, the tenant has the right to enter the premises to remove personal belongings any remaining is removed by compliance with legal restrictions.
Financial Liability: In the event of a fixed amount, the sponsor may be liable for (i) double the monthly instalment, (ii) damages the lessor receives, and (iii) the Sublessor’s costs for recovery and legal fees.
24. Handling of Personal Property
After vacating the premises, Sublessee shall make reasonable efforts to assist Sublessee in recovering personal property inadvertently left behind.
Liability Disclaimer: Neither Sublessee nor Owner assumes any responsibility or liability for loss or damage to personal property during or after the Rental Period, including items caused by fire, water theft or flood, including fire, water theft or flood or damage or destruction.
25. Value Added Tax (VAT)
Any payment due from the participant is inclusive of applicable VAT tax. The lessee is liable to pay VAT on all taxable items relating to this sublease agreement. VAT must be paid on the due date or, whichever is earlier, the supply date for VAT purposes.
26. Third-party entitlements
No party expressly named as a party to this Sublease Agreement shall have any right to enforce any provision of this Sublease Agreement.
27. Jurisdiction
This Sublease Agreement, and any disputes or claims arising directly or indirectly or subject matter relating thereto (including disputes or claims based on contract) shall be governed by the laws of the Grand Duchy of Luxembourg and shall be construed in accordance with Grand The laws of the Duchy of Luxembourg.
28. Limitation of Liability
The Sublessor shall not be liable for any Claim arising out of: (i) the acts or omissions of the affected person(s) or any member of their team, (ii) the acts or omissions of third parties other than relate to the policy Accommodation by underwriter that could not have been anticipated or prevented , or (iii) events or circumstances that could not have been foreseen or prevented despite reasonable precautions.
29. Additional Services Disclaimer
The Sublessor shall not be liable for services beyond those expressly included in the confirmed reservation service package. This includes any other services or products arranged by the supplier through third party suppliers.
30. Use of Facilities Disclaimer
Upon request, the subcontractor can provide operating instructions for the various pieces of equipment in the unit. It is the responsibility of the operator of the small machine to observe all safety precautions when using this equipment. Sublessee shall promptly contact Sublessee for any necessary assistance. If the premises have facilities such as a swimming pool, fitness equipment, gardening equipment, boats, etc., they are used entirely at the discretion and risk of the participant and must be consumed by rules and regulations established by the building.
31. Force Majeure Clause
The Sublessor shall have no duty or obligation to provide compensation for any unforeseen events occurring in the Unit or Building beyond the control of the Subpowerer. Such cases are considered “force majeure” and not negligence. Examples of such events include but are not limited to: war or threat of war, civil unrest, terrorism, labour disputes, natural disasters, extreme weather events, fires, recreational areas shutdown, electrocution, H. pylori. VSC system malfunctions, elevator problems, TV, phone and Internet service interruptions, water shortages, construction noise, authorities ordering evacuations, and similar issues. Subforcer’s performance obligations under this Agreement shall be suspended to the extent affected by the events of the Force Majeure, and any deadlines for performance shall be extended accordingly.
32. Indemnification and Liability
The Sublessee agrees to indemnify and hold harmless all damages, losses, or persons or property resulting from any act or omission of Sublessee, Sublessee’s guests, or any occupant of the Unit during the Term around. Tenant is responsible for indemnifying the Sublessee or Sublessee for any damage or loss caused by the Guest immediately prior to the end of the Term.
33. Notices
Except for a cancelled reservation, which must be sent by email, all written notices to the subcontractor must be sent via email or email registered courier. Notice to the tenant shall be sent to the address on the confirmation form, or, if none is provided, to the tenant’s in-house address.
34. Miscellaneous
A waiver by means of Subcontractor of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of this Agreement. If any provision of this Agreement is discovered invalid, the ultimate provisions shall remain in full force and impact. This Agreement may additionally be amended in writing, signed by means of each parties, and will be binding upon the advantages of and for the gain of Sublessee and Sublicensee and their respective successors and assignees.
35. Confidentiality
Sublessee agrees to keep the terms of this Agreement confidential and will not disclose it to any third party except as required by law.
36. Limitation of Licensor’s liability
36.1 The Sublessor shall not be liable for:
36.1.1 Death or harm to the Sublessee or any man or woman getting into the Property, or any damage or robbery to the non-public belongings of the Sublessee or Sublessee’s guests.
36.1.2 Any losses, claims, needs, movements, damages, fees, or other liabilities incurred by means of Sublessee or Sublessee visitors in the exercise or purported workout of the rights granted beneath this Agreement.
36.1.3 Acts or exclusions of other occupants of the property or their guests.
36.2 This clause does not exclude the obligations of the Subholder for:
36.2.1 Death or personal injury caused by the negligence of the sub-supplier or its agents.
36.2.2 It shall be unlawful to exclude or limit the liability of the Sub-Holder for any matter whatsoever.
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