General conditions
SIN VISITAS is a digital platform whose vocation is to reduce the costs of renting a home, as well as unnecessary trips to see the apartments on offer, wasting a large amount of time. To do this, it has built a platform in which the entire selection and hiring process can be carried out digitally (visit, contract, payments, etc.). To avoid fraud and guarantee that the apartment visited virtually is the same as the one hired, SIN VISITAS previously supervises all apartments physically or virtually, making, in most cases, its own photographic report and 3D videos. Our team is the one who publishes the flats, never the owner. These homes are identified on our website as verified homes. To increase the offer available to our tenant users WITHOUT VISITS, it also allows owners to advertise their homes on the platform, disabling the possibility of booking without a physical visit until the apartment has been verified by our team. In these cases, SIN VISITAS continues to make its platform available to both parties, tenants and owners, to carry out the rest of the rental process completely online, including advising the tenant for the formalization of the contract, changes in ownership of supplies and contracting insurance, among other services available to users. disabling the possibility of booking without a physical visit until the apartment has been verified by our team. In these cases, SIN VISITAS continues to make its platform available to both parties, tenants and owners, to carry out the rest of the rental process completely online, including advising the tenant for the formalization of the contract, changes in ownership of supplies and contracting insurance, among other services available to users. disabling the possibility of booking without a physical visit until the apartment has been verified by our team. In these cases, SIN VISITAS continues to make its platform available to both parties, tenants and owners, to carry out the rest of the rental process completely online, including advising the tenant for the formalization of the contract, changes in ownership of supplies and contracting insurance, among other services available to users.
PROCESS
a) Choose your home. We publish each home including a detailed description, complete information about the area, photographs and virtual tours with Matterport technology so that you, as a tenant, can choose the home that best suits your needs.
b) Reserve. Once selected and chosen, book your home through No Visits. Once the reservation is made, we ask you for the necessary information and documentation to analyze your file and, if appropriate, accept and propose confirmation. Reservations are processed in order of entry, blocking the home once your reservation is confirmed.
What am I paying?
The reservation fee is a commission from No Visits to cover the costs of verification and analysis, and tenant customer service. If your reservation is rejected or you cancel before it is confirmed, No Visits will refund the full amount without any penalty.
What if I want to visit?
If you prefer to physically visit the home, you can request to schedule a visit to it, from the website or through the Chatbot. In this case, the amount of our commission will be increased to include the cost of managing the visits.
c) Confirmation. Once your file has been analyzed and your request has been accepted by the owner, we will contact you to finalize the entry date, the signing of the contract and the collection of the keys.
Initial payment
As an additional guarantee, the initial payment is made through No Visits. This payment includes the deposit (and deposit, if applicable) and the first month's rent. This payment will be transferred to the owner 48 hours after the start date of the contract, unless you notify us of a problem when you enter the house.
Homes offered by the owner
In the case of homes offered directly by the owner, Sin Visites does not manage the initial payment. In that case, once your reservation is confirmed, we will contact you to specify the details of signing the contract and we will put you in contact with the owner.
d) Signature and entry to the home. Sign all the documentation digitally and receive a copy by email. Pick up the keys to your home and start enjoying your new home. If you wish, we can help you with the move, the registration of supplies, home insurance and any other need you may have.
User area
If we manage your home from No Visits, you will be able to carry out all the procedures related to your contract or notify any incident through your user area and we will take care of everything.
Homes offered by the owner
In the case of homes offered directly by the owner, our service ends with the signing of the contract, with the owner being the point of contact from that moment on.
GENERAL CONDITIONS OF CONTRACT
1. GENERAL INFORMATION
This document (as well as any other document mentioned here) regulates the conditions of the contractual agreements between MAS FACIL SIN VISITAS SL with CIF B01798123 and address at C/ Fernández Oviedo nº 11 Bajo local, 28002 Madrid, registered in the Commercial Registry of Madrid to volume 40857 section 142 page M-724810 with email info@sinvisitas.com (hereinafter referred to as SIN VISITAS) and the user (TENANT or OWNER), for the provision of intermediation services, selection of homes available for rent , preparation and verification of the beneficiary tenant's file, attention to it, and provision of additional real estate services to tenants and owners included on the website www.sinvisitas.com (hereinafter also the "website").
Please read the following terms and conditions carefully as they contain important information concerning your rights and obligations. These terms include several limitations and exclusions that limit the liability of MAS FACIL SIN VISITAS SL in certain circumstances, regulate jurisdiction and competence in matters of conflict resolution, as well as the regulations applicable to the services of our company.
In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice, the cookie policy, and the privacy and data protection policy of MAS FACIL SIN VISITAS SL
The terms and conditions applicable to the user constitute a legally binding contract between the user and MAS FACIL SIN VISITAS SL and by accessing, viewing or using the materials or services accessible on or through the "website" or other web pages or applications, the user declares that he understands and accepts these "terms and conditions" as the legal equivalent of a signed and binding written document.
SIN VISITS reserves the right to modify these Terms and Conditions at any time. Any change that is implemented in these Terms and Conditions that may affect the rights of the User will be communicated on the Website, in the Application or by email. We suggest that you review these Terms and Conditions frequently to be aware of their scope and any modifications that have been made, as you are legally bound by them. By accessing the Websites or the Application owned by SIN VISITAS after the publication of said modifications or updates, you will be agreeing to comply with the new terms. The User is aware that the access and use of the Website and / or the Contents is carried out under the sole and exclusive responsibility of the User. Some services on the SIN VISITAS Website or Application may be subject to particular conditions that, where appropriate, replace, complete and/or modify these Terms and Conditions. The provision of the service at the request of the User implies the express acceptance of the particular terms and conditions that may apply.
Access, registration, browsing, use, hosting and/or downloading of materials and/or use of the services of any Website and/or SIN VISITS Content by minors (under 18 years) is prohibited. When accessing or using any SIN VISITAS Website and/or Content, the user guarantees that they are of legal age (18 years old) and have sufficient capacity to formalize a legally binding contract, acknowledging the right of SIN VISITAS to withhold any payment made in concept of provision of services, as a consequence of non-compliance with these Terms and Conditions. In any case, it will be the responsibility of the users to verify that they are able to legally formalize a contract at the address where the home is located (hereinafter also the APARTMENT).
Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users).
The User assumes responsibility for correct use of the Website. This responsibility will extend to:
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Use this Website solely to make inquiries and provide real estate services for NO VISITS.
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Do not make any false or fraudulent purchase of services. If such an acquisition could reasonably be considered to have been made, it could be canceled and the relevant authorities reported.
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Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice).
The Website is aimed mainly at Users residing in Spain. SIN VISITAS does not ensure that the Website complies with the laws of other countries, either totally or partially, declining all responsibility in this regard.
The language of the contract for the provision of real estate services offered on the website is Spanish.
2. PURPOSE AND KEY TERMS
SIN VISITAS offers an online Platform that connects Owners or authorized managers of the aforementioned properties (hereinafter “OWNERS”) who offer homes available for rent with those people (hereinafter “TENANTS”), who through the aforementioned Platform and the services provided to them by SIN VISITAS select, according to their needs, the rental of said homes for their habitual or temporary residence.
KEY TERMS
“SINVISITAS.COM” MAS FACIL SIN VISITAS, SL, a company incorporated in accordance with the laws of Spain, with registered office at Calle Fernández Oviedo 11, Bajo Local, 28002 Madrid (Spain) and CIF B01798123.
"CONTENT OF WITHOUT VISITS", all that WITHOUT VISITS enables through its Platform, Application and services, including here any content authorized by a third party.
“CONTENT”, the texts, graphics, images, music, software, audio, video, information or other materials included in the Platform or the Application.
“USER”, any person who uses the Website or the Application owned by SIN VISITAS.
“TENANT”, any person who hires the services of MAS FACIL SIN VISITAS for the search and selection, according to their preferences and needs, of an apartment that they can rent for their residence.
“OWNER”, the one who authorizes the SIN VISITAS team to publish an Advertisement for an APARTMENT on the Platform with the aim that a TENANT can select it and reserve it through this
The Owners can be natural or legal persons, as well as any other entity that owns or has sufficient title to rent APARTMENTS intended for rental for long-term periods in their own name or in the name of third parties. In the event that the Owner is a legal entity, the natural person who uses the services of SIN VISITAS, accepts these Terms and Conditions on behalf of the Owner and declares to have sufficient capacity to undertake to comply with its obligations in the name of he.
"APARTMENT", that Owner's home published on the SIN VISITAS website that can be offered to the TENANT for their online reservation (hereinafter also the ACCOMMODATION).
“OPTION 1”, The owner of an Apartment when contracting the services of MAS FACIL SIN VISITAS for the publication of his home can decide to register in Option 1.
OPTION 1 is the one where the Owner contracts with WITHOUT VISITS the “partial management plan” that consists of the publication of the offer of his apartment, so that it is selected for rent, by a solvent tenant.
In this Option, the Owner authorizes SIN VISITAS to publish his apartment on the platform, in turn being able to choose between the following alternatives:
If the material used for the publication is provided by the Owner, contracting Option 1 is free of charge for the Owner.
If the Owner prefers that the material used for publication on the platform be prepared by the SIN VISITAS team, a specific contract comprising the marketing services that have been arranged will be formalized between both parties.
Likewise, in the event that the owner authorizes SIN VISITAS to publish the advertisement for his apartment exclusively, the production of the material for publication on the platform may, at his request, be carried out by the SIN VISITAS team in an exclusive manner. free
Both the Owner and the Tenant authorize SIN VISITS to offer them services from collaborating companies related to the rental contract. These services include home and civil liability insurance (container and contents), rent non-payment insurance, registrations, cancellations and changes of ownership of supplies, fixed telephony and data, moving, rental and purchase of furniture, financing of relocation expenses ( deposit, additional guarantees, moving and furnishing). In the event of contracting any of these services, the management will be carried out through the SIN VISITS Platform, which will carry out the procedures free of charge for the client.
"OPTION 2", the Owner of a Apartment when contracting the services of MAS FACIL SIN VISITAS can decide to register in Option 2. OPTION 2 is the one in which the Owner contracts with WITHOUT VISITS the "comprehensive management plan" which consists of all the services of Option 1 plus the complete management of rent collections, incident management, deposit of the deposit, and management of the entry and exit of the tenant, indicating in the agreement signed between the parts the detail of all services. To do this, NO VISITS will charge a fixed monthly percentage of the monthly rent agreed by contract with the tenant and only while the Rental Agreement between the OWNER and the TENANT is in force.
"RENTAL AGREEMENT", the private lease agreement agreed upon and signed by the OWNER (as lessor) and by the TENANT (as lessee), through the SIN VISITS platform and of which SIN VISITS is not a party. SIN VISITS may proceed upon signing the contract on behalf of the Owner in the event that the Owner grants specific powers for this purpose.
The formalization and signing of the rental contract through the NO VISITS platform is free for the tenant and for the Owner
"EFFECTIVE DATE", the start date of the lease, once the reservation is confirmed.
“RESERVATION REQUEST”, the one made by the TENANT to reserve the Accommodation and for the preparation of the corresponding file by SIN VISITAS. This Reservation Request and the form are processed in the form of an email including all the information initially requested by the Owner, who will receive it. Likewise, the Reservation Request contains a registration number and the Entry Date.
"RESERVATION FEE", the one paid by the TENANT to NO VISITS when reserving the APARTMENT, searched and selected, through the use of the Platform or the Application (see section on Rates).
“MANAGEMENT COMMISSION”, Commission charged for NO VISITS to the TENANT, in the amount of one monthly rent, if the search and selection of the apartment is carried out, at the request of the TENANT, through a physical visit to the APARTMENT or APARTMENTS, once the apartment has been hired. rent this one.
“ACCEPTANCE OF THE RESERVATION” is the act of acceptance of the reservation carried out based on the information provided by the Tenant and the analysis of this carried out by Sin Visitas. After accepting the reservation, No Visits will notify the acceptance to the Tenant and the Owner, and will request the necessary documentation to carry out the solvency analysis.
“RESERVATION CONFIRMATION” is the act of confirmation of the reservation if, based on the documentation provided by the Tenant, the solvency analysis yields a positive result. Once the solvency analysis is completed, the Owner will be notified of its result, so that he can confirm the reservation, and subsequently the Tenant will be notified of its confirmation. From that moment on, No Visits will request the Tenant for the Initial Payment, which will subsequently be quoted, and will contact the Owner and the Tenant so that they can proceed to sign the contract. The Owner undertakes to formalize the rental contract with the Tenant on the agreed date, if he has agreed to the reservation.
The non-confirmation will depend on the economic solvency, the criteria of the Owner or the criteria of NO VISITS. In no case may the TENANT request any economic compensation or explanation of the reasons for his non-acceptance, without prejudice to the refund of the reservation fee or management commission, as will be specified later.
"INITIAL PAYMENT", that payment transferred by the TENANT once the reservation is confirmed. The initial payment includes the amount of the rent for the first current month of the lease, the legal deposit, the deposit or additional guarantee in case the Owner chooses this option. If the Owner requests an additional deposit or guarantee, it will be expressly indicated in the advertisement. The breakdown of the Initial Payment will always be clearly indicated prior to the confirmation of the reservation.
This initial payment will be returned in full in the event that the rental is not formalized.
The initial payment assumes that the Tenant will not have to make any additional payment to the Owner at the time of the formalization of the rental agreement.
“TAXES”, the Value Added Tax (VAT) and any other applicable municipal, regional or state tax.
* HOUSING OFFERED DIRECTLY BY THE OWNER
In accordance with what was previously expressed in OPTION 1 of the owner, to increase the offer available to the TENANTS, WITHOUT VISITS allows the OWNERS to publish on their Website Homes offered directly by them.
In this case, the announcement will also be made by Sin Visitas, verifying the information and graphic material provided by the Owner, which may be complemented by material made by the Sin Visitas team.
The services provided by Sin Visitas for these homes will be limited to the publication and offer to Tenants, management of visits and reservations, and verification and analysis of the file of the Tenants interested in them. Likewise, Without Visits will communicate to the Owner the reservations received along with the information from the Tenant's file and the analysis carried out by Without Visits. In the event that the Owner confirms the reservation, Without Visits will contact the Owner and Tenant for the formalization and signing of the contract between both parties, and may offer support for the digital signature, if applicable.
In these homes, No Visits will not receive payment of any kind on behalf of the Owner, so the Initial Payment will not be requested from the Tenant.
3. OPERATION OF THE PLATFORM, APPLICATION AND SERVICES
The Platform and the Application are used to facilitate the reservation by tenants of the apartments published by the OWNERS for the habitual or temporary residence of the TENANTS. The apartments are advertised on the Platform owned by SIN VISITAS and on other platforms that are not owned by the SIN VISITAS team at the request and with the approval of the Owners, making the necessary technology available for this purpose.
SIN VISITAS IS NOT THE OWNER OF THE FLATS ADVERTISED, NOR DOES IT OWN HOMES.
NO VISITORS responsibilities are limited to:
a) Facilitate the Platform, the Application and the services offered to tenants and owners, in accordance with these Terms and Conditions.
b) Once the TENANT has searched for and selected the apartment and accepted and confirmed the reservation, accept, where appropriate, on behalf of the Owner, the Initial Payment that WITHOUT VISITS charges the TENANT. This payment will be transferred to the Owner once the entry into force of the rental contract is confirmed without essential incidents.
c) In the modality defined as OPTION 1, WITHOUT VISITS you will not receive additional payments from the Owner after the confirmation of the reservation by the Owner, beyond, if applicable, the Initial Payment in your favor. The Owner is the only one responsible for the collection of the rents of the APARTMENT from the moment in which he accepts the reservation of the APARTMENT.
d) In the modality defined as OPTION 2, WITHOUT VISITS, in addition to providing the services referred to in point b) above, it will manage the monthly rental charges of the TENANT, paying the difference into the OWNER'S account, once the management fee has been deducted. contracted by WITHOUT VISITS with the owner and the additional payments previously approved, in its case, by the OWNER. If the Tenant does not pay, the contracted non-payment guarantee will be managed and the corresponding rent payment will be made to the Owner's account. Incidents of the Apartment will also be promptly attended to and reported to the Owner, the deposit will be deposited,
4. INFORMATION ABOUT THE PROCEDURE AND CONDITIONS OF RENTAL OF THE OWNER'S APARTMENT
All the Ads of the Platform, the Application and the services are created and verified by SIN VISITAS.
In accordance with what is established in the previous section of KEY terms: OPTION 1, if the photographic material for such creation is provided by the Owner, SIN VISTAS may complete it, and the Owner may also choose to commission the SIN VISITAS team to carry out the material, through the corresponding order
For these purposes, the Owners will schedule a photo session with the NO VISITS team who will in turn verify the basic characteristics of the APARTMENT. The Owner accepts that the SIN VISITAS team enters the APARTMENT for the purpose of taking photographs, making plans, videos or any other advertising material that SIN VISITAS requests.
The published plans and the description of the apartment in the event that they are made in the Advertisements are indicative and serve an explanatory purpose. The dimensions reflected therein are not guaranteed to be exact. SIN VISITAS will not be responsible in any way for the inaccuracy of these.
The Owner undertakes to provide all the information necessary and requested by SIN VISITAS, which includes, by way of example, but not limited to: the location, capacity, size, characteristics and availability of the APARTMENT, as well as the price, and everything concerning to the terms of payment and other conditions of the contract.
The owner must decide the contracting method with NO VISITS.
Any modification in the rental price of the APARTMENT, as well as the information related to the payment terms and other conditions of the contract that is published in the Announcement, will always be determined at the discretion of the Owner. Any request for modification or changes related to the Advertisement must be requested by the Owner to SIN VISITAS, who will have a maximum period of seven (7) business days to execute the required modifications.
Likewise, the Owner declares and accepts that all the information provided to SIN VISITS is true, correct and up-to-date, committing to inform SIN VISITS of any change or modification immediately. In relation to the above, the Owner undertakes to provide as soon as possible any type of documentation requested by SIN VISITAS for the purpose of verifying the ownership of the APARTMENT or compliance with any other legal or contractual requirement.
The Ads are written and designed by a qualified professional from the SIN VISITAS team, never by the Owner.
Once the Accommodation Announcement has been created, the Owner will have three (3) calendar days from notification by NO VISITS to express his/her disagreement with it, communicating it appropriately. Otherwise, after this period, it is understood that the Owner expresses his or her agreement with the Advertisement and the photographic and audiovisual material used and accepts the Terms and Conditions of NO VISITS.
The Owner understands and accepts that once the TENANT reserves the APARTMENT, the price of this reservation cannot be altered.
SIN VISITAS guarantees the characteristics of the APARTMENTS as of the date on which SIN VISITAS verified them. RENTERS acknowledge and accept that the APARTMENT they reserve was verified on a different date and prior to the reservation date and that its characteristics may differ from the conditions at the time SIN VISITAS verified them. However, the Owner undertakes to maintain the APARTMENT in conditions similar to those shown in the advertisement. If the conditions of the APARTMENT differ significantly from those of the advertisement, SIN VISITAS reserves the right to withdraw the Advertisement of that APARTMENT from the Platform, the Application or the services, without prejudice to retaining or claiming from it any charge made for the provision of services as compensation for breach of these Terms and Conditions.
In the event that there are discrepancies between the content of the Advertisement and what is included in the Terms and Conditions of SIN VISITAS, what is established in the latter will take precedence. SIN VISITAS reserves the right to refuse to publish the Advertisement of an APARTMENT that, at its sole discretion, violates or may violate these Terms and Conditions, as well as the applicable legal regulations.
SIN VISITS may refuse to admit the registration on the Platform of any user, both TENANT and OWNER, at its discretion and without prior notice.
SIN VISITAS IS THE OWNER OF ALL COPYRIGHT, EXPLOITATION AND ANY OTHER LEGALLY RECOGNIZED INTELLECTUAL PROPERTY RIGHTS ON THE AUDIOVISUAL AND ADVERTISING MATERIAL AND ONLY SIN VISITAS HAS THE RIGHT TO USE IT. IF THE OWNER OR A THIRD PARTY USES SUCH NO VISITS MATERIAL WITHOUT WRITTEN PERMISSION, NO VISITS RESERVES THE RIGHT TO CLAIM CESSATION OF THE USE OF SUCH MATERIAL, ALONG WITH ANY COSTS OR COMPENSATION FOR DAMAGES ARISING AS A RESULT OF BREACH OF THIS CLAUSE.
In accordance with the Terms and Conditions established above, the Owner expressly authorizes SIN VISITAS to take photographs and audiovisual material of the apartment he owns, recognizing that all rights of reproduction, distribution and public communication of all this correspond, as owner. , to NO VISITS. In the cases in which the Owner provides a photograph or video of the Apartment, he/she also authorizes and transfers to SIN VISITAS the rights of reproduction, distribution and public communication of these, in accordance with what is legally established and guarantees that they do not contravene the rights of intellectual property of third parties.
The photographs and audiovisual material provided will be exclusively from the APARTMENT and will not contain references to personal data, nor will people appear in them. SIN VISITAS reserves the right to withdraw them from the Listing at any time without the need for prior communication to the Owner.
In any case, the Owner accepts and authorizes SIN VISITAS to publish the Advertisement for his APARTMENT on the SIN VISITAS website. Likewise, the Owner authorizes SIN VISITAS, with the aim of obtaining the widest possible dissemination of the Advertisement for his/her Accommodation, to publish it on classified ad websites belonging to third parties external to SIN VISITAS.
In cases where this is required by the regulations applicable in the place where the APARTMENT is located, the Owner, under the conditions and in accordance with the requirements imposed by the regulations in force at any given time, must also prove his ownership, the certificate or license of habitability or occupation of the APARTMENT that, if applicable, will be published in the Advertisement and provided to SIN VISITAS or to the competent authority that requires the appropriate documentation, as well as any other authorization, permit or legally required requirements that may be required. be required.
The Owner is responsible for maintaining the necessary conditions required to comply with current regulations, as well as any permit, authorization or regulatory requirement and above all the energy certificate, the certificate or license of habitability or occupation of the home, etc., exempting SIN VISITAS of any type of liability derived from non-compliance with the above and SIN VISITAS reserves the right to claim the Owner for any damage that originates, directly or indirectly, from the information not provided. The Owner undertakes to notify SIN VISITAS immediately of any change that affects his or her ability to offer the home for rent.
In the event of subletting the APARTMENT offered in WITHOUT VISITS, the Owner or sublessor, in accordance with what is defined in these Terms and Conditions, guarantees that he has the necessary permits and authorizations to sublease the APARTMENT, in application of the regulations of the place where is found, exonerating SIN VISITAS from all responsibility for non-compliance with the applicable legal precepts.
THE OWNER MAY CONTRACT THE PROVISION OF SERVICES WITHOUT VISITS UNDER TWO MODALITIES:
a) OPTION 1: You only want SIN VISITAS to offer your apartment on the SIN VISITAS Platform to be selected by a tenant who, being interested in the apartment, meets the criteria proposed by the owner and/or landlord, making SIN VISITAS a file selection of the interested tenant and a comparison of their solvency to hire the APARTMENT.
NO VISITS will introduce the candidate to the OWNER. Once the suitability of this has been analysed, the reservation has been requested and accepted and confirmed by the Owner and the Tenant, both parties are obliged to formalize the rental contract on the date specified in said reservation.
This modality is free for the OWNER.
It is recommended to hire a non-payment guarantee to guarantee the rents while the rental contract is in force and WITHOUT VISITS can do so if requested by the Landlord. The TENANT may take out home insurance through SIN VISITAS or do it himself with the insurance he considers suitable.
SIN VISITAS is not responsible for the subsequent actions of the TENANT, only its work ends once the TENANT is selected.
b) OPTION 2: The Apartment Owner or Landlord wants SIN VISITAS to be in charge, in addition to what is referred to in Option 1) above, for the collection of monthly rents, incident management, deposit of the deposit, etc., as well as the payment of the community of owners, if applicable.
In this modality it is mandatory to contract the non-payment guarantee and home insurance.
SIN VISITS will be in charge of collecting the rent and the requested payments including the management fees, paying the difference in the account of the Landlord or OWNER on a monthly basis. If the TENANT does not pay, SIN VISITAS will take steps with the company that provides the contracted guarantee so that it pays the unsatisfied rents to the SIN VISITS account and the latter pays, once the expenses authorized by the OWNER have been deducted, the difference in the account of this one.
5. RESERVATION PROCEDURE AND INFORMATION FOR TENANTS
SIN VISITAS is a digital platform whose vocation is to reduce the costs of hiring a rental apartment, as well as unnecessary trips to see the apartments on offer, wasting a large amount of time. To do this, it has built a platform in which the entire selection and hiring process by the tenant can be carried out digitally (visit, contract, payments, etc.).
To avoid fraud and guarantee that the apartment visited virtually is the same as the one hired, SIN VISITAS previously supervises all the apartments physically or virtually, in most cases making its own photographic report and 3D videos. Our team is the one who publishes the apartments, never the Owner.
Therefore, the TENANT can select and subsequently contract with peace of mind virtually, making the necessary queries for the selection of their search to the No Visits team who provides the tenant with their care services and advice during the reservation and contracting procedure, providing them with the necessary information, provided by the OWNER, for such reservation and contracting.
SIN VISITS will charge a "Reservation Fee", as detailed in the RATES section, as consideration for the search, advice and apartment selection services required by the beneficiary TENANT, to cover the expenses of verification and analysis of your file, for presentation to the Owner, and maintenance of the portal,
In the event that the TENANT wants, for the contracted search and selection, to visit the apartments physically, WITHOUT VISITS will coordinate the visits and, in the event that they would like to rent an apartment once the visit has been made, the equivalent of a monthly payment will be charged. of income as a management fee.
The booking fee and management fee are alternative and mutually exclusive.
The TENANT, when definitively selecting the APARTMENT they wish to reserve from among all those offered, must complete the information requested by SIN VISITAS through the Platform or Application, as well as provide any additional information or documentation required by the Sin Visitas team.
With the reservation and once the payment required by the Platform has been made, the Apartment is blocked until the candidate's suitability is verified and the reservation is confirmed or not.
Based on the information provided by the tenant and the analysis carried out by SIN VISITAS, SIN VISITAS will proceed to accept or deny the reservation. In the event of non-acceptance of the reservation, the amount of the Reservation Fee or Management Commission will be returned to the TENANT, without the TENANT having any right to receive any other additional amount or compensation.
After accepting the reservation, SIN VISITAS will notify the ACCEPTANCE OF THE RESERVATION to the tenant and the owner, and will request the necessary documentation to carry out the solvency analysis.
When a Reservation Request is made through the Platform, the Application or the Services, data relating to the TENANT will be shared with the Owner: employment contracts, payroll, age, nationality, company, university, profession, studies and other data that the Owner specifically requires suitable for contracting
Once the reservation is accepted, SIN VISITAS will request additional information from the TENANT: work contracts, the last three payslips, DNI, work history, guarantors, if applicable, which allows SIN VISITAS to verify the solvency of the tenant. The tenant will have a period of 48 hours to provide the documentation initially required, canceling the reservation if said information is not provided, in whole or in part.
In the event that the solvency analysis is negative, but WITHOUT VISITS considers this situation remediable by incorporating an additional intervener or guarantor, the tenant will have an additional period of 48 hours to provide the additional documentation required.
SIN VISITAS will proceed to carry out the solvency analysis, based on the documentation provided by the tenant, to proceed with CONFIRMATION OF THE RESERVATION. If the solvency analysis yields a positive result, the owner will be notified of the result to confirm the reservation.
The OWNER will have 24 calendar hours to accept or reject the reservation. If after these 24 hours, SIN VISITAS has not received a response from the Owner, SIN VISITAS will consider the reservation request rejected and will return the amount of the Reservation Fee or Management Commission in full to the TENANT.
Next, if the tenant's solvency is confirmed and the reservation is confirmed by the owner, SIN VISITAS will automatically send the TENANT an email with the confirmation and summary of their reservation, and the instructions to make the Initial Payment, in your case, including the breakdown of it.
On the contrary, if as a result of the study carried out by SIN VISITAS it is concluded that there is insufficient solvency, or the owner does not definitively confirm the reservation, it will be canceled and the amounts received will be fully returned to the TENANT, without the TENANT having the right to receive no other additional compensatory amount.
In the event that the reservation is rejected, No Visits will make alternative homes available to the Tenant that fit their profile and preferences, as long as they have suitable homes.
The TENANT will have 48 hours to make the Initial Payment, leaving the reservation canceled otherwise.
Once the INITIAL PAYMENT has been made by the TENANT, NO VISITS will send an email to both the OWNER and the TENANT confirming the effectiveness of said reservation and putting the parties in contact.
From that moment on, if the Owner contracts OPTION 1, both parties will sign the rental AGREEMENT through the NO VISITS electronic signature platform, through which the contract will be signed and a copy of it will be sent to the OWNER and the TENANT. Once the conclusion of the contract is confirmed and entry into the APARTMENT without essential incidents, SIN VISITAS will transfer the initial payment to the Owner, being the sole responsibility of the deposit of the deposit in the corresponding organization, as well as the collection of rents from the month following the conclusion of the contract.
Para aquellos PROPIETARIOS que hayan contratado la OPCIÓN 2 (selección del INQUILINO y gestión de servicios), el INQUILINO firmará el CONTRATO de alquiler a través de SIN VISITAS, bien directamente, en el caso de que SIN VISITAS esté autorizado o, si no lo está, a través de la plataforma de firma electrónica de SIN VISITAS mediante la cual se firmará el contrato y enviará una copia de este al PROPIETARIO y al INQUILINO. En esta opción SIN VISITAS se encargará de depositar la fianza en el organismo correspondiente, así como de realizar la gestión del cobro de las rentas. SIN VISITAS facilitará al INQUILINO los medios de contacto y el acceso a una APP para su interlocución de cualquier incidencia, pregunta o solicitud referente al piso alquilado que quiera realizar mientras esté residiendo en dicho PISO.
The Owner acknowledges that it is solely responsible for any Listing that it approves for publication and that it has full rights to dispose and authorize the reservation of the property advertised.
Likewise, the Owner confirms that when accepting a reservation:
a) You will not violate any agreement you have reached with third parties, and
b) The contract will be executed in compliance with all laws, tax requirements, and any other rule or regulation applicable to any APARTMENT included in an Advertisement without incurring any conflict regarding the rights of third parties.
SIN VISITS does not assume any responsibility for non-compliance with the applicable laws, norms and regulations by the OWNER. SIN VISITAS reserves the right, at any time and without notice, to remove posting or disable access to any Ad for any reason, including those Ads that SIN VISITAS, in its sole discretion, deems objectionable for any reason.
SIN VISITAS acts as an intermediary authorized by the OWNER to exclusively accept and receive from the TENANT the INITIAL PAYMENT of the reserved APARTMENT and to transfer said payment to the Owner.
SIN VISITAS will provide the Owner with certain information about the TENANT who wishes to make the reservation for the selected apartment, which the TENANT has provided and authorized for this purpose. Both the OWNER and the TENANT understand and agree that they are responsible for their own actions and omissions in this regard.
By using the Platform, the Application or the Services, the user accepts that any legal action or claim that is sought as a consequence of the actions or omissions on the part of OWNERS, TENANTS or third parties causing the damage will be directed exclusively against them, renouncing to file any legal action or claim against SIN VISITAS with respect to said actions or omissions.
SIN VISITAS recommends that Owners take out appropriate insurance for their APARTMENTS both to ensure the collection of rents and to insure the property and its facilities. In the event that they opt for the OPTION 2 modality, this requirement will be mandatory.
SIN VISITAS will not be responsible for the disappearance or theft of any object located inside or outside the rented APARTMENT.
SIN VISITAS is a Platform that allows you to reserve APARTMENTS online, collect rent, make certain payments authorized by the owner and, as such, does not provide any control service over the APARTMENTS.
6. ARCHIVE OF ELECTRONIC DOCUMENTS
The communications and documents containing the procedure and acquisition of real estate services will be archived by SIN VISITAS and accessible to their respective users through the SIN VISITAS Website and the User areas enabled for Owners and Tenants.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he detects that an error has occurred when entering the data necessary to process his request on the Website, he may modify them by contacting SIN VISITAS through the contact spaces enabled on the Website, and/or using the contact information provided in section 1 (General information). Likewise, this information could also be corrected by the User through their personal space connecting to the Website.
8. RATES
You can check the current rates in the attached document .
The minimum reservation period through the Platform or in the Application is six months in accordance with the law on long-term urban rental leases.
The "Reservation Fee" is a fixed amount plus the Value Added Tax (VAT) that will be charged WITHOUT VISITS to the TENANT for the services provided to it.
When the TENANT makes a reservation and it is confirmed, they will transfer the Initial Payment to SIN VISITAS, through the payment methods available on the Platform or in the Application, or by transfer.
SIN VISITAS will only transfer the Initial Payment to the Owner after 48 hours have elapsed from the Check-in Date (the one indicated in the reservation) as long as the TENANT has not informed SIN VISITAS of any Essential Deficiency.
In any case, the Owner is the one who determines, according to his discretion, the rental price of the APARTMENT.
The accepted means of payment are payment by debit/credit card, through our web platform for the payment of the Reservation Fee or Management Commission, and payment by bank transfer to the No Visits account for the initial payment. and the management commission.
Payment terms
Regarding payment terms:
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The payment of the reservation, in the applicable rate type according to the service chosen by the TENANT, will be made by the payment methods enabled on the SIN VISITAS Website at the time of making the visit request, beginning with counting the Management deadlines and provision of information and documentation from the completion of the payment and reservation request.
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The Initial Payment must be paid by transfer within a maximum period of 48 hours from the confirmation of the reservation by email, canceling it in case of not making the payment within the stipulated period.
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In the OPTION 1 contract type, the OWNER will indicate to the TENANT the rent collection policy, account number and all the information necessary to make the monthly payment of the rental receipts.
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In the OPTION 2 contract modality, the OWNER may delegate to NO VISITS the signing of the contract, by granting the corresponding powers, as well as the transmission of information to the TENANT regarding the monthly rent collection policy and the account number. Where should you make the payments?
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The formalization and signing of the contract concluded by both parties through the NO VISITS platform will be free for both the Tenant and the Owner.
Billing
In the OPTION 2 contracting modality, each month WITHOUT VISITS, the rental income will be invoiced on behalf of the owner client, it will manage the collection from the tenant and will be in charge of the payments associated with the property. The invoices generated by the rental, as well as the expense invoices approved by the OWNER, will be made available to the owner client so that he can download them as supporting documents for his accounting management and/or tax returns. In addition, SIN VISITAS will bill the owner customer their fees for the comprehensive management of the property on a monthly basis. The OWNER will receive the settlement corresponding to the rental income every month in his bank account, deducting the expenses associated with the APARTMENT and the service fee increased by the value added tax (VAT).
BREACH OF AGREED TERMS
SIN VISITAS reserves the right to carry out the following actions for non-compliance with the Terms and Conditions when the outstanding installments are not paid:
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Unpublish all Owner properties.
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Deactivate, temporarily or permanently, the Owner's NO VISITORS account.
SIN VISITAS may take legal action against any non-compliant party, individual or entity, including its directors and/or shareholders who, where applicable, are considered personally responsible for fraudulent information provided to SIN VISITAS both to OWNERS and TENANTS (identity theft, false data, ...).
9. ENTRY POLICY
In the modality contracted as OPTION 1, after the Owner accepts the reservation and WITHOUT VISITS has sent the reservation confirmation to both the TENANT and the OWNER, including the contact information of both parties, it is the responsibility of the OWNER to provide any instructions additional information to the TENANT regarding their entry into the Accommodation, without prejudice to SIN VISITAS making available to both parties the necessary means for the digital signature of the contract.
However, upon confirmation of the reservation, the owner undertakes to formalize the rental contract on the agreed date, except for reasons attributable to the tenant or force majeure.
The Owner must guarantee that the APARTMENT reserved by the TENANT is in the expected and reasonable conditions in terms of habitability and that the characteristics published in the APARTMENT Announcement have been maintained, as well as the terms related to the price.
In the modality contracted as OPTION 2, NO VISITS will provide the entry information to the TENANT acting as a mere intermediary according to the powers conferred and never as the owner of the home.
Policy applicable when the TENANT moves to the APARTMENT
The TENANT, within 24 hours following the Date of Entry into the APARTMENT, can inform SIN VISITAS of all its Essential Deficiencies, as well as warn of the inaccuracy of the Accommodation in relation to the characteristics indicated in the Advertisement by sending an email email to info@sinvisitas.com , or through your user area within the SIN VISITAS Website, and indicating the reservation ID, adding the Owner in a copy of the email and necessarily attaching visual evidence (photos and/or videos ) of Essential Deficiencies. Once the SIN VISITAS team receives the email, at its own discretion, it will verify and assess the circumstances.
Essential Deficiencies will be considered those that imply uninhabitable conditions, a health risk and/or those substantial modifications that differ from the description of the Advertisement.
In the event that the SIN VISITAS team considers that there is an Essential Deficiency, the Owner will be given a period of 36 hours to begin to solve such deficiencies, which must be solved in a reasonable time.
If the Owner does not solve the deficiencies in a reasonable time, he/she will be in breach of these Terms and Conditions, which will entitle the TENANT to cancel his/her reservation, for which reason the Cancellation Policies for Owners will be applied to the Owner (see Cancellation Policy for Owners) and WITHOUT VISITS will give the TENANT, as an integral part of the services contracted by him, one of the following solutions at his choice:
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The SIN VISITS team will be in charge of looking for an APARTMENT with similar characteristics, and the TENANT may accept or reject it. This possibility is conditioned to the fact that WITHOUT VISITS has APARTMENTS with similar characteristics. In the event that the new APARTMENT offered by SIN VISITAS is at a lower price than the one reserved previously, SIN VISITAS will pay the TENANT the proportional difference paid from the Management Commission, if applicable.
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The NO VISITS team will return to the TENANT the Reservation Fee or Management Commission and its corresponding Value Added Tax (VAT) plus the Initial Payment.
In the event that the SIN VISITAS team considers that there is no Essential Deficiency and the TENANT cancels for unfounded reasons (at the discretion of SIN VISITAS), the TENANT will lose the Reservation Fee, or Management Commission, and its corresponding Tax on the Added Value (VAT) and the Initial Payment, the latter being fully transferred to the OWNER.
SIN VISITAS will only transfer the Initial Payment to the OWNER after 48 hours have elapsed from the Check-in Date (the one indicated in the reservation) as long as the TENANT has not informed SIN VISITAS of any Essential Deficiency.
Lease Agreement signed between the tenant and the Owner
NO VISITS is not a party to the lease. This contract will be formalized and will take binding effects only between the TENANT and the OWNER, therefore, SIN VISITAS has no legal or any type of responsibility in the event that any type of conflict, disagreement or claim arises. Any circumstance derived from the aforementioned Lease Contract must be resolved between the TENANT and the OWNER, this will apply even in the event that SIN VISITAS acts in the name and representation of the owner. Likewise, SIN VISITAS will not be part of any negotiation regarding any bond or guarantee required by the OWNER to the TENANT reflected in the Lease Agreement or in any other type of condition or agreement.
10. LEGAL NOTICE ON THE RIGHT OF WITHDRAWAL
Article 16 of Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 establishes the Exceptions to the Right of Withdrawal "Member States shall not include the right of withdrawal contemplated in articles 9 to 15 in contracts to distance and contracts concluded outside the establishment that refer to: a) service contracts once the service has been fully executed when the execution has begun, with the prior express consent of the consumer and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by the merchant, he will have lost his right of withdrawal.”
The aforementioned exception to the Right of Withdrawal, in the same sense, is found in article 103 of Royal Legislative Decree 1/2007 of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and users.
NO VISITS services are fully executed:
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In the event that the TENANT makes the Reservation Request and that the Owner confirms it.
THEREFORE, THE TENANT UNDERSTANDS, ACCEPTS AND GIVES THEIR CONSENT THAT ONCE THE SERVICES HAVE BEEN COMPLETELY PERFORMED (AS ABOVE EXPOSED) BY NO VISITS, THEY WILL HAVE LOST THEIR RIGHT OF WITHDRAWAL.
11. CANCELLATION POLICY FOR OWNERS
In the event that the Owner cancels the confirmed reservation after the Tenant has reserved the apartment and the owner accepted his request, SIN VISITAS will return the Initial Payment to the Tenant in full and in no case will it be transferred to the Owner.
WITHOUT VISITS will charge the Owner a penalty for the amount of the Reservation Fee as compensation for management expenses and an additional penalty of 300 euros to cover the emergency accommodation of the TENANT.
Regarding these cancellation policies, the only applicable exceptions will be those based on cases of Force Majeure as subsequently determined in the following section 12.
SIN VISITAS reserves the right to claim any of the above amounts in the event that it is necessary to apply any of the aforementioned sanctions, where the Owner acknowledges and accepts that SIN VISITAS will send a payment request and will be obliged to pay said amounts to SIN VISITS.
12. CANCELLATION POLICY FOR TENANTS
SIN VISITAS will accept the payment of the reservation fee, or alternatively the Management Fee, for delivery on account of the contracted services, but will not invoice the financial amount received until the file is approved and the reservation is confirmed. Any TENANT may cancel their reservation before this time without penalty.
Once the reservation has been confirmed, SIN VISITAS will not refund any amount, even if the contract is canceled early.
WITHOUT VISITS will accept the Initial Payment of the TENANT as a rental reservation and as a guarantee of the execution of the contract between both parties, but will not transfer any amount to the OWNER until the ratification of the execution of the contract and the entrance to the APARTMENT without Essential Incidents.
SIN VISITAS recommends obtaining prior and due advice on your rights and obligations regarding any rental relationship or lease contract that you intend to sign.
In relation to the provision of documents by the TENANT during the APARTMENT reservation process, he accepts that any inaccuracy, falsehood, or simply the non-provision of the documents required by the OWNER through the Document Upload section of the Platform, or Any other electronic means used by SIN VISITAS will entitle the OWNER to cancel it. For these purposes, the TENANT will not be entitled to any type of reimbursement of the amounts paid, as a penalty for breach of these Terms and Conditions, and as a consequence of bad faith in the provision of information necessary for the formalization of the rental.
In the event that the TENANT provides through the Document Upload section of the Platform, or any other electronic means used by SIN VISITAS, a payroll, work contract or similar documentation that shows a clear financial inability to formalize the rental , the OWNER will have the right to request SIN VISITAS to cancel the reservation made.
Non-application of the Cancellation Policy for TENANTS in cases of Force Majeure. In the event that the TENANT cancels a reservation due to Force Majeure in accordance with the assumptions indicated below, SIN VISITAS will not apply the Cancellation Policy for Tenants and the amount transferred by the TENANT to SIN VISITAS will be refunded as long as Provide sufficient supporting documentation, which SIN VISITAS will evaluate at its discretion.
Causes of Force Majeure
1. Serious illness, serious bodily accident or death of the User or relative of the first degree of kinship.
2. Any other cases that arise suddenly and unpredictably and are unavoidable to the will of the parties. Included in this category are all those situations that, in accordance with what is described in this clause, prevent the Owner from offering his property for rent and/or the Tenant from accessing the reserved apartment on the scheduled Entry Date. By way of example, but not limitation, these circumstances may include natural disasters, terrorism, security threats at the location of the Accommodation, epidemics and/or disease outbreaks, travel restrictions as a result of any of the above circumstances, among others, whose scope affects the OWNER and/or the TENANT, in accordance with what is indicated below.
All these cases will be evaluated specifically and individually by the agents of SIN VISITAS. In the event that the user is in any of these situations, SIN VISITS reserves the right: (i) to request the documentation that, based on the specific circumstances, is deemed pertinent by the SIN VISITS team; (ii) and/or, where appropriate, to directly authorize the cancellation of the reservation by the affected party without penalty.
Any decision regarding the above situations will always be defined based on official statements from the relevant authorities at all times.
13. PAYMENT OF RENT
Once the Rental Agreement is signed between the TENANT and the OWNER, it will be the sole responsibility of the OWNER to collect the rent from the TENANT in the case of the hiring modality called OPTION 1. WITHOUT VISITS will not be responsible in any way for the collection of the rent or for any non-payment that may occur.
In the event that the OWNER has contracted option 2, WITHOUT VISITS will manage collections and payments, but will not be responsible for non-payments, damage to the home and any other incident in the home.
14. EXEMPTION OF LIABILITY
In OPTION 1 after 48 hours have elapsed from the Date of Entry of the TENANT into the APARTMENT and once SIN VISITS has transferred the Initial Payment to the Owner, all legal and any type of relationship between SIN VISITS and the TENANT will end, as well as, between NO VISITS and the OWNER, regarding that reservation. SIN VISITAS will not have any responsibility regarding any event that arises as a consequence of the subsequent relationship between the OWNER and the TENANT.
15. BILLING
Upon completion of the reservation, the corresponding simplified invoice will be sent to both the OWNER and the TENANT and, in the event that they so require, a detailed invoice with a breakdown of the Value Added Tax (VAT) will be sent to them.
The parties agree that the amounts owed by the OWNERS or TENANTS to SIN VISITAS may be deducted from the amounts payable or transferred to them by SIN VISITAS.
16. DAMAGE TO FLOORS
The TENANT is responsible for maintaining the APARTMENT in the conditions it was in when installed. The TENANT and the OWNER acknowledge and accept that they are responsible for their own actions and omissions, as well as those of any person they invite or allow access to the FLAT. SIN VISITAS will not be responsible in any case for the damages produced in the APARTMENT, leaving such responsibility settled between OWNER and TENANT.
17. TERMINATION AND CANCELLATION OF NO VISITOR ACCOUNTS
NO VISITS, at its own discretion and without obligation to justify any reason, may restrict access to the Website, deactivate or cancel the Ads; all this without incurring any responsibility and without prior notice obligation.
The OWNERS may request SIN VISITAS to remove the Advertisements for their Accommodations from the Platform by writing to info@sinvisitas.com .
Keep in mind that, if the Ads are cancelled, SIN VISITAS has no obligation to transfer their content to any OWNER.
18. OPERATION OF ASSESSMENTS
Once the rental contract has ended in a property managed through NO VISITS (OPTION 2), tenants will receive a NO VISITS email inviting them to make an assessment that will be published on our platform. The owners, in turn, may respond to these assessments. WITHOUT VISITS reserves the right not to publish or eliminate, without prior notice, the evaluations/responses that do not meet the criteria of WITHOUT VISITS.
19. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User accepts that most of the communications with SIN VISITAS are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that SIN VISITAS sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with SIN VISITAS through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, SIN VISITAS can contact and/or notify the User at their email address or at the postal address provided.
20. NULLITY
If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
21. APPLICABLE LAW AND JURISDICTION
These General Conditions are governed by Spanish Law.
For the resolution of all controversies or questions related to this website or the activities carried out on it, WITHOUT VISITS and the User, expressly waiving any other jurisdiction, accept the Spanish legislation as the governing legislation of these conditions, and for the resolution of any disputes or disputes that may arise agree to submit to the jurisdiction of the Courts and Tribunals of capital Madrid (Spain).