Duck Republik Student Hotels – Terms and Conditions Introduction
Thank you for choosing Duck Republik Student Hotel (hereinafter referred as Duck Republik) to be your new home during studies abroad. These Terms and Conditions are a binding part of the rent Agreement you will sign upon arrival to your destination country. This is important and affects your legal rights so please take some time to read them through carefully to know your obligations and rights so that you could enjoy a comfortable stay in Duck Republik.
Occasionally Duck Republik has the right to make some changes in these Terms and Conditions. When we do that, you will be informed by e-mail, so keep your e-mail address up to date in our database. In the meantime enjoy your stay in Duck Republik and we hope you’ll love it.
1. General Provisions
1.1. The Landlord grants the Tenant the Rent, specified in the signed Agreement, the right to use the Furnished Room (hereinafter referred to as Room), according to these terms and conditions and the Tenant undertakes to use the Room and to pay the Rent to the Landlord in accordance to the terms and conditions and the signed Agreement.
1.2. The Parties act in accordance to these terms and conditions, annexes thereto and the law governing lease relationships.
1.3. The Tenant ensures purposeful use and maintenance of the property that the Tenant is granted to use and returns it upon the end of the Agreement.
1.4. The Parties agree to perform any and all duties and obligations arising from the terms and conditions, Agreement and law in good faith, cooperate with the other Party for the performance of all the duties and obligations arising out of the Agreement and terms and conditions and refrain from any activity that harms or may harm the interests of the other Party.
1.5. For the purposes of the Agreement other persons allowed to enter the Room under the responsibility of the Tenant, means any person who is not a Party of the Agreement, but enters to the Object with the Tenant.
2. Object of the Agreement
2.1. The Object of the Agreement is a furnished Room. The lease of the Room gives the Tenant the right to use the common-purpose premises (kitchen, toilet, bathroom and hallways) as well as the furniture and things located in the mentioned premises (hereinafter referred to as the Common-purpose Premises). The Room and the Common-purpose Premises hereinafter jointly referred as the Property or Student Hotel.
3. Purpose of the Use
3.1 The Tenant has the right to use the Object of the Agreement only for residential purposes in accordance with the internal house rules. Only Tenant has the right to live in the Room. The Tenant does not have the right to accommodate in the leased Room family members or other parties without the Landlord’s approval.
3.2 The purpose of the Room use is the ordinary permanent accommodation of the Tenant on the Room and the keeping of the Tenant’s personal belongings in the Room. Economic and professional business activities are not permitted without the respective written consent of the Landlord.
4. Period of the Agreement and price policy
4.1 We offer fixed time slots of minimum 5 month lease term, relevant to both degree and exchange students:
4.1.1 Autumn semester – 1st September till 31st January (5 months)
4.1.2 Spring semester – 1st February till 30th of June (5 months)
4.1.3 Full academic year – 1st September till 30th of June (10 months) – discount 50% for the last month payment.
4.1.4 Full year – 1st September till 31st August (12 months) – August for free!
4.1.5 Summer stay (1st June – 31st August) - minimum one month rent.
Ask Support@duckrepublik.eu about special offers for summer!
4.2 The Tenant can extend the Agreement by sending a request to the Landlord in a written form at least 30 days before the end of the Agreement. The Landlord will allow this only if room is available.
4.3 The Tenant can move in before the beginning of the Agreement or move-out after ending of the agreement by informing the Landlord in a written form at least 30 days before the beginning of the Agreement. The Landlord will allow this only when there is an available room. The Tenant will pay then by a day price, which is monthly rent divided by 30.
5. Handing over
5.1 The Room shall be handed over to the Tenant by the date specified in the Agreement (hereinafter referred to as Date of handing over). If the Room is given to the Tenant\If the Tenant is provided with the Room over earlier or later than the specified date above, the Date of the handing over shall be meant an actual handing over date.
5.2 For the purposes of these terms and conditions, the handing of the Room over to the Tenant means offering the set of keys from the Room to the Tenant and granting the Tenant actual possession of the Room. The Landlord will hand the Room over to the Tenant on the date of the Agreement entry into force, if other dates are not agreed by the both Parties.
5.3 Upon handing the Room over to the Tenant, the Parties shall draw up and sign a deed of delivery and receipt of the Room, which will constitute Annex 1 to the Agreement which is as an inseparable part of the Agreement.
5.4. The deed of delivery and receipt of the Room describes the list of items located in the Property, their condition at the moment of delivery.
5.5 Check-in time takes place starting from 14:00.
6.1 The Rent for using the Room is set in the signed Agreement.
6.2 The Landlord has the right to raise the Rent once per calendar year. Before raising the rent the Landlord will inform the Tenant about the raise at least 30 calendar days in advance and specify the actual date when the rent rises. At this point tenant has the right to cancel the contract without any financial impact by informing the Landlord 30 days in advance before the new price policy will take effect.
6.3 The Tenant pays additional penalties for each incident: 100 EUR for smoking in the property and balconies or for uninstalling or covering a smoke detector, 45 EUR for the new set of keys in case of losing them, 50 EUR for a debt management fee if the rent is unpaid within 21 days from the date invoice was issued.
7. Security Deposit
Security deposit covers the Agreement related claims of the Landlord against the Tenant. The amount of the security deposit is equal to 1 month rent specified in the Agreement.
7.1. On the date of booking the Room, the Tenant must pay the Landlord a security deposit and 1 month rent in the amount specified in the Agreement, security deposit increases along with the raise of the Rent.
7.2 After ending the lease agreement security deposit minus cleaning fee (40 EUR) should be refunded by the Landlord to the Tenant (if there are no debt payments or additional damages in the room caused by the Tenant) within 30 days from the Agreement end date.
7.3 Landlord reserves the right to keep the full amount of deposit and not to return it to the Tenant in case of terminating the lease agreement before previously agreed contract end date.
8. The procedure of payments and late payments
8.1. Rent is counted from the agreed Agreement start date specified in the Agreement until the agreed Agreement end date.
8.2. The Tenant must pay the Rent for each month according to the Landlord’s invoice by the 7th (seventh) day of the current month. If the Tenant has not received the invoice by the 5th (fifth) day of the current month, the Tenant has to inform the Landlord of such a situation.
8.3. In the first calendar month of the Object use, the Tenant must pay the Rent before the move-in date specified in the Agreement.
8.4. A monetary payment to the Landlord shall be deemed to have been paid as follows: first – the penalty for the late payment, second- the penalty and the last – Rent.
8.5. Payments by the Tenant shall be deemed to have been paid on the date when the corresponding amount has been received by the Landlord’s bank account.
8.8. The amount of the penalty for the late payment shall be 0,2% (zero point two per cent) each delayed day from the unpaid amount.
8.9. In the event of a rise in the rent/ In case of the rent raise, the Tenant must pay the additional portion/amount of the security deposit/ additional security deposit not later than by the first due date of the higher rent.
8.10. If the remaining balance of the security deposit is smaller than the transfer fee, it will not be returned by a bank transfer. The costs of an international bank transfer will be paid by the recipient.
8.11. The Parties have agreed that during the Agreement term the Landlord will not settle its claims against the Tenant at the expense of the security deposit.
8.12. All payments specified in the Agreement are made in the currency in force of the country the rented room is located in.
9. Rights of the Parties
9.1. The Landlord has the right to demand the Tenant to perform the duties and obligations established in the Agreement.
9.2. In addition to other rights set in the Agreement, the Landlord has the right to:
9.2.1. Enter the room by unlocking the door if it is necessary in order to ensure the compliance with the Rules, in order to accommodate new residents, to perform urgent repairs or in case of emergency and when the Tenant is out or does not allow the employee to enter. The Tenant should be notified by an email.
9.2.2. Confiscate the keys from persons who are not authorized to use them;
9.2.3. Enter contracts of use of the property with other persons, depending on the number of residents that the property can accommodate;
9.2.4. Demand the penalty of the late payment for Rent according to the Agreement. Demand debt management fee (50EUR) if the rent is not paid by the 21st day from the date when an invoice was issued;
9.2.5. To demand Tenant to move from one twin shared room to another twin shared room, if the Tenant lives in a twin shared room alone;
9.2.6. If possible to place Tenant in to a twin shared room considering Tenant’s age, gender and cultural background.
9.3 In addition to other rights set in the terms and conditions, the Tenant has the right to:
9.3.1 Demand that the Landlord allows using the Room and, in connection therewith, one set of the keys granting access to the Room;
9.3.2 Demand that the Landlord provides information relating to the Room and the use thereof; 9.3.3 Demand to change the room (if possible) for 25 EUR service fee.
10. Duties of the Parties
10.1. The Landlord undertakes to:
10.1.1. grant the Tenant use of the property that constitutes the Agreement Object, incl. a set of keys; 10.1.2. invoice the Tenant for the Rent;
10.2. The Tenant agrees to:
10.2.1. use the Agreement object responsibly and grant the representatives of the property unlimited access to all the rooms, incl. for showing them to a prospective Tenant in the event of an upcoming change of the Tenant;
10.2.2. refrain from harming the Landlord’s property;
10.2.3. follow the instructions, directives and precepts of the Landlord’s representative and the internal rules of accommodation, fire safety rules and other rules;
10.2.4. keep the Agreement object clean and coordinate with the Landlord in writing any and all alterations in the room and in the common area;
10.2.5. inform the Landlord of any and all accidents, fire, etc. on the premises immediately, to take immediate measures for the elimination of the accidents and their consequences and for granting the safety of the residents;
10.2.6. bear material liability for the preservation and maintenance of the property handed over to the Tenant and compensate the damage caused or the expenses incurred for putting them in order;
10.2.7. return the property to the Landlord on the date of the Agreement end at least in the same condition that the Tenant received it, considering normal wear and tear;
10.2.8. pay the Rent in the amount and in accordance to the Agreement and terms and condition;
10.2.9. compensate the expenses incurred by the Landlord for the recovery of a debt, including 50 EUR debt management fee (terms and conditions 6.3);
10.2.10. not hand the Object (incl. the keys) over to other persons without the written consent of the Landlord.
11. Liability of Parties
11.1. The parties bear full material liability for failure to perform the terms and conditions of the Agreement as well as for causing damage upon letting or leasing the property.
11.2. The Landlord is not liable for the preservation of the Landlord’s property in the Room given to the Tenant.
11.3. In the event of non-preservation of property in the Common-used Premises, the Tenant will bear common liability with other Tenants.
12. Termination of Agreement
12.1. Both Parties and the Landlord’s creditor (Luminor Bank AS, registration number 11315936, address: Liivalaia 45, 10145, Tallinn, Estonia, registered with the Estonian Commercial Register, represented within the Republic of Lithuania by Luminor Bank AS Lithuanian Branch, company code 304870069, address: Konstitucijos ave. 21A, 03601 Vilnius, Lithuania) have the right for ordinary cancellation of this Agreement any time by giving the written notice to other party at least 30 calendar days in advance.
12.1.1. If the Tenant terminates the Agreement before the actual contract end date, the security deposit and pre-payments will not be refunded to the Tenant.
12.1.2. If the Landlord terminates the Agreement, security deposit will be refunded to the Tenant.
12.2. With a good reason a Party may cancel this Agreement extraordinarily with an immediate effect by making a declaration of cancellation provided by the law.
12.3. Among other things, the Tenant has a good reason to cancel the Agreement if extraordinarily: 12.3.1. the Landlord does not allow the Tenant to possess or use the Room without reason;
12.3.2. the Landlord does not provide the Tenant with electricity, heating, or water on the Object and has not eliminated a breach of the obligation within thirty (30) days after receiving a respective notice thereof from the Landlord;
12.4. Among other things, the Landlord has a good reason to cancel the Agreement extraordinarily and not to refund the deposit if:
12.4.1. the Tenant uses the Room or Common-used Premises for an illegal activity or in conflict with the purpose of use, including if the Tenant disturbs the peace of other residents of the building or creates noise or other inconveniences;
12.4.2. the Tenant has failed to pay the rent;
12.4.3. the Tenant’s debt exceeds the rent payable for one month;
12.4.4. the Tenant does not allow the Landlord to exercise a right or several rights set in Article 10.2 of the terms and condition or breaches a duty or duties set in Article 10.2 of the terms and conditions;
12.4.5. the Tenant uses the property for a purpose other than the intended purpose or has granted other parties use of the property without the Landlord’s consent;
12.4.6. the Tenant has intentionally or due to negligence damaged the property.
12.5. Circumstances where the Tenant no longer needs the Room, has found better premises or lacks funds for paying the Rent do not constitute a good reason for the extraordinary termination of the Agreement by the Tenant before the prescribed time.
12.6. If the Tenant disturbs the peace of other residents of the building with their behaviour and this can be certified by an application submitted to the Landlord or the authorities (e.g. the police), the Agreement shall be deemed terminated without a notice.
12.7. If Tenant moves-out because of other unexpected reasons which are not caused by the Landlord or outside human control\factor.
13. Return of premises upon termination of Agreement
13.1. The Tenant must vacate the Agreement Object on the date of termination of the Agreement and hand it over to the Landlord’s representative. Otherwise the Landlord will have the right to take the following steps:
13.1.1. in the presence of a witness enter the room used by the Tenant;
13.1.2. clear the room of the Tenant’s personal belongings, take possession of them until handing them over to the owner and guarantee their preservation for one (1) months as of the date of cancellation of the Agreement. Upon taking custody and delivery of the property, the respective deeds will be drawn up and approved by the required signatures.
13.2. If in spite of an advance notice the Tenant refuses to vacate the Room or obstructs making the Room vacant, the Landlord will have the right to take measures in accordance with the laws of the country of operations in order to vacate the Room.
13.3. The Tenant’s duty to vacate the Object of the Agreement will be deemed as fulfilled if the Tenant has vacated the Room that was in the possession of the Tenant and other persons who were allowed to enter the Room under the responsibility of the Tenant and made it possible for the Landlord to exercise full possession of the Room, incl. handed over to the Landlord all the keys that grant access to the Room. In the case of the Tenant’s failure to vacate the Object timely, the Tenant agrees to pay the usage fee in the double amount of the Rent for each day of delay. The Parties agree that the payment of such a fee does not constitute an extension to the period of the Agreement or a conclusion of a new lease agreement.
13.4. Upon returning the Room, the Parties will sign a protocol of delivery and receipt of the Room. The protocol will specify the composition and condition of the Room and furnishings at the moment of returning the Room. The protocol must also specify all the defects and deviations from the protocol of delivery and receipt set in Annex 1 to the Agreement.
13.5. Regarding the defects that the Landlord did not notice upon return of the Room or that the Landlord could not be aware of, the Landlord will have the right to file complaints against the Tenant within 1 month.
13.6. Upon termination of the lease Agreement all costs connected to the lease agreement will be debited from security deposit if there are some claims against the Tenant.
13.7 Check out time is by 12:00. If you wish to check-out at other time, please contact our customer support in advance. It may be possible upon availability for additional charges.
14.1. Any and all notices, declarations, requests, claims, explanations, complaints, etc. relating to the Agreement and terms and conditions (hereinafter also referred to as the Notices) must be given to the other Party personally against signature, by registered letter or e-mail to the address specified in the Agreement. The Notice sent by e-mail shall be deemed as received from the third working day since the day of its sending.
15. Excuse of breach
15.1. If the performance of a duty or obligation arising from the Agreement proves impossible with a good reason independently from the Parties, the Party in breach will not be liable for the breach of its duty or obligation, provided that the Party made all necessary and reasonable efforts to prevent, eliminate and mitigate the circumstance preventing the performance of the duty or obligation and continues to perform the duty or obligation in good faith after the lapse of the good reason that impeded the performance of the duty or obligation.
16. Disputes resolution
16.1. The Parties try to resolve all disputes relating to the Agreement and terms and conditions by a way of negotiations. Failing agreement, the dispute will be resolved in Harju County Court, Estonia on the basis of a claim filed by a Party.
17.1. The Agreement and single terms thereof are not the subject to disclosure to third parties without the consent of the other Party. The Parties must keep the information received on the basis of the Agreement confidential.
17.2. The entire information that would not have been disclosed to the Parties without the conclusion and performance of the Agreement is deemed confidential.
19.1. In matters not regulated by the Agreement the Parties will follow the legislation in force of the country the room is located in.
19.2. All the terms of the Agreement are independent and separable from one another. The ineffectiveness of a term will not result in that of other terms. The terms of the Agreement, except the Rent (in accordance to this Agreement) may be amended by the agreement of the Parties.
19.3. All agreements on the performance, amendment or termination of the Agreement must be drawn up in writing and signed by both Parties. Agreements disregarding this requirement are ineffective.
19.4. The Parties agree to inform immediately the other Party of a change in their address or other contact details specified in the Agreement. In the event of a breach of the duty, the other Party may rely on the (former) contact details known to it upon exercising the rights and performing the duties and obligations relating to the Agreement.
19.5. The terms and conditions have been made in the English language. Agreement will be made both in English and Latvian/Lithuanian, depending where the room is geographically located. In the event of any conflict between the language versions, the English version shall dominate. The Agreement has been made in two counterparts of equal legal force, one for the Landlord and the other one for the Tenant.