The use and access of the HMLET LISTED website, including the Contents, Application and/or the Services, confers the status of User and implies full and unreserved acceptance, by the User, of the applicable Terms and Conditions each time the User accesses the Contents or Application.
HMLET LISTED reserves the right to modify these Terms and Conditions at any time. Any changes made to these Terms and Conditions that may affect the rights of the User will be communicated on the Website, Application, or via email. We suggest that you frequently review these Terms and Conditions, so as to be aware of their scope and of any changes that have been made, as you are legally obliged by these conditions. By accessing the Websites or Application of HMLET LISTED, following the publication of notice of such changes or updated versions, you agree to comply with the new terms. The User is aware that the access and use of the Website and/or the Contents is done under his/her sole and exclusive responsibility. Some services of the Website or the HMLET LISTED Application may be subject to specific 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 applicable specific terms and conditions.
HMLET LISTED offers an Online Platform that connects Accommodation Owners or managers (hereinafter “Owner/s”) with Tenants (as defined below), who wish to reserve such Accommodation for a lease for medium to long-term periods (hereinafter, jointly, Services). These Services can be found on https://www.listed.hmlet.com and other websites, applications for mobile and other devices, through which HMLET LISTED offers its Services.
TERMS AND CONDITIONS APPLICABLE TO THE USERS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN THE USER AND HMLET LISTED. BY ACCESSING, READING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR VIA THE "WEBSITE" OR OTHER WEBPAGES OR APPLICATIONS, THE USER DECLARES THAT HE/SHE ACKNOWLEDGES AND ACCEPTS THESE “TERMS AND CONDITIONS" AS BEING EQUIVALENT TO A SIGNED LEGALLY BINDING AND WRITTEN DOCUMENT.
“HMLET LISTED Content” means all that which is provided by HMLET LISTED via its Platform, Application and services, including any content authorized by a third party.
“Content” means text, graphics, images, music, software, audio, video, information and any other material published on the Platform or Application.
“Platform / Website” means any of the domains owned by HMLET LISTED through which HMLET LISTED allows the Users to use or browse the Online Platform.
”Application” means any Application owned by HMLET LISTED available for mobile devices allowing Users to gain access to the services available through the Website.
“User” means any person who uses the Website or Application owned by HMLET LISTED.
“Tenant” means the person requesting a reservation for the Accommodation via the Platform, Application or services and/or who is residing at an Accommodation and who is not the Owner of the same Accommodation.
“Owner” means the person, agent or entity that has entered into an Agreement with HMLET LISTED to publish an Advertisement for the Accommodation on the Platform, in order that a Tenant may make a reservation for the Accommodation via the Platform. Owners may be either individuals or legal entities, or any other entity that is the owner, agent or manager to enter into a Lease Agreement for the Accommodation on their own behalf or for a third party for a lease for medium to long-term period. If the Owner is a legal entity, the individual making use of HMLET LISTED services accepts this Terms and Conditions on behalf of the Owner and confirms the he/she holds enough legal standing to fulfill any obligations on its behalf.
“You” means the User, Tenant or Owner (as appropriate).
“Advertisement” means the publishing of the Accommodation by the HMLET LISTED staff, by Agreement between the HMLET LISTED staff and the Owner, in order that it be made available for reservation on the Platform.
“Accommodation” means the residence, flat, house, lodging or room that the Owner publishes on the HMLET LISTED Website, in order that the Tenant may make an online reservation.
“Tenancy Agreement” means the Private Lease Agreement signed by the Owner (as the lessor) and by the Tenant (as the lessee), to which HMLET LISTED is not party.
“Move-in Date” means the date in which the Tenant indicates, at the time of making the reservation, he/she will begin occupying the Accommodation.
“Move-out Date” means the date in which the Tenant indicates, at the time of making the reservation, he/she will vacate the Accommodation.
“Reservation Fee” means that which is paid by the Tenant to HMLET LISTED when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees)
“First Payment” means that which is transferred by the Tenant when making a reservation for the Accommodation via the Platform or Application and after the reservation has been confirmed by the Owner. (See section on Fees)
“Service Fee” means a percentage of the Total Tenancy Agreement Value that HMLET LISTED will charge the Owner for the provided services. (See section on Fees)
“Reservation Request” means that made by the Tenant to make a reservation for the Accommodation. This is done when clicking on the “Book Now" or “Request Booking” button and after completing the reservation form. Both the Reservation Request and the form are processed via email or Docusign, along with all the requested information, by the Owner receiving them. The Reservation Request also contains the Move-in Date, the Move-out Date and the amount for the First Payment.
“Tax” or “Taxes” means the Taxes (GST/VAT) and any other applicable municipal, autonomous community or state tax.
The Platform and Application are used by the Tenants to make a reservation for Accommodation arrangements that are for medium to long-term periods. Accommodation is published on the Platform or Application by the HMLET LISTED staff upon the request and approval of the Owners, through the use of the technology required for this purpose. Hmlet Listed IS NOT AN OWNER, MANAGER OR REAL ESTATE AGENT AND HMLET LISTED DOES NOT POSSESS, SELL, RESELL, FURNISH, RENT, SUBLET, MANAGE, NOR DOES IT CONTROL, THE PROPERTIES IN ANY MANNER WHATSOEVER.
Hmlet Listed’s responsibilities are limited to:
All Advertisements listed on the Platform, Application and services are prepared and verified by HMLET LISTED.
Owner will make an appointment with the HMLET LISTED staff to take photos and to verify the main features of the Accommodation. The Owner agrees that the HMLET LISTED staff may access the Accommodation and building facilities for the purpose of taking photographs, drawing floor plans, taking videos or any other advertising material that HMLET LISTED requires.
Floor plans published in an Advertisement are suggestive and serve as an explanatory feature. There is no guarantee that the dimensions depicted on the floor plans are accurate. HMLET LISTED will not be responsible in any manner for any inaccuracies found on the floor plans.
The Owner undertakes to provide all the necessary information requested by HMLET LISTED, which includes, but not limited to, the Accommodation’s location, capacity, size, features and availability, including the price and all that pertaining to the payment terms.
Any modification in the monthly lease of the Accommodation, as well as any information related to the payment terms published in the Advertisement, shall always be determined at the Owner’s sole discretion. Any request to modify or amend the Advertisement shall be requested by the Owner to HMLET LISTED, who shall make them effective within a maximum of seven (7) business days after the request was made.
Furthermore, the Owner declares and accepts that all the information provided to HMLET LISTED is true, correct and updated, pledging to inform HMLET LISTED of any changes without undue delay. In relation to the above, the Owner shall provide without undue delay any kind of document requested by HMLET LISTED for the purpose of verifying ownership of the Accommodation or compliance with any other legal or contractual requirements.
Advertisements are prepared by a qualified and professional HMLET LISTED staff member and at no time by the Owner.
The Advertisements and audio-visual material are created free of charge for the Owner. The Owner will grant his/her authorisation to approve the publication for the advertisement and will accept these Terms and Conditions. Once the Advertisement is created, the Owner will have three (3) calendar days since communication by HMLET LISTED to duly notify any disagreement with its content. Otherwise, after that time, it is understood that the Owner agrees with the content of the Advertisement created and therefore accepts Hmlet Listed's Terms and Conditions. The Owner acknowledges and accepts that once the Tenant makes a lease or reservation for the Accommodation, the price of this reservation cannot be amended.
HMLET LISTED guarantees the features of the Accommodation at the date in which they were verified by HMLET LISTED. Tenants acknowledge and accept that the Accommodation that they make a reservation for had been verified on a date that was before and not the same as the date of the reservation and that the features of the Accommodation may differ from the conditions verified by HMLET LISTED at a time before the reservation. Nevertheless, the Owner shall maintain the Accommodation in a similar condition to that depicted in the advertisement. If the event that the conditions of the Accommodation differ significantly from those of the advertisement, HMLET LISTED reserves the right to withdraw the Advertisement for such Accommodation from the Platform, Application or services, notwithstanding the capacity to retain or claim from the Owner any payment made in exchange for the provision of the Services, as an indemnity for breach of these Terms and Conditions.
In the event of any discrepancies existing between the content of the Advertisement and Hmlet Listed's Terms and Conditions, the latter shall prevail. HMLET LISTED reserves the right to deny the publication of an Advertisement which, at its sole discretion, breaches or does not comply with these Terms and Conditions or any legislation in place.
HMLET LISTED shall be entitled to refuse registration on the Platform to any User, Owner, Agent or Tenant, at its discretion and without prior notice.
HMLET LISTED will remain the owner of all copyrights or any other intellectual property for the audiovisual and advertising material and only HMLET LISTED holds the rights for its use. In the event that the owner, or a third party, uses such material owned by HMLET LISTED without having written consent to do so, HMLET LISTED reserves the right to demand the cessation of the use of such material as well as to additionally claim the corresponding damages and/or indemnity as a result of non-compliance with this clause.
In the event that the Owner provides any audio-visual material of the Accommodation, he/she authorizes HMLET LISTED to publish it on the Advertisement and expressly accepts the temporary assignment of its copyright or any other existing intellectual property rights over the audiovisual and advertising material generated for the publication of the Advertisement and guarantees that they do not contravene any third-party intellectual property rights, in accordance with the provisions of this clause.
The audio-visual material provided shall be exclusively of the Accommodation and shall not contain any references to personal data nor will there be any people in it. HMLET LISTED reserves the right to remove said material at any time from the Advertisement without prior notice to the Owner. The Owner is entitled to request at any time the removal and/or deletion of the provided pictures through written communication to HMLET LISTED , who shall then remove and/or delete them from the website owned by HMLET LISTED . HMLET LISTED shall not be liable for the removal of the pictures in any other third-party websites or platforms.
In any case, the Owner expressly accepts and authorizes HMLET LISTED to publish the Advertisement of the Accommodation in every website of HMLET LISTED Group. Likewise, the Owner authorizes HMLET LISTED, with the purpose of obtaining the maximum spread of the Advertisement, to its publication in third-party websites external to HMLET LISTED Group.
The Tenant, when deciding the Accommodation that he/she desires to make a reservation for, shall provide the information requested by HMLET LISTED via Hmlet Listed's Platform or Application, and HMLET LISTED will provide detailed information about the Fees (see section on Fees), where the Tenant authorises such to be retained by HMLET LISTED, in the event that the reservation is accepted by the Owner, through the payment methods available on the Platform or Application. Once this information is complete, the Tenant will receive an automatically generated email with a summary of the reservation and its corresponding reference number. Following this, HMLET LISTED will then send a reservation request to the Owner, who will have 48 hours to either accept or reject the reservation. In the event that, after 48 hours hours, HMLET LISTED has not received a response from the Owner, HMLET LISTED will deem that the reservation request has been rejected.
When making a Reservation Request via the Platform, Application or Services, we will provide the Owner with the following:
In the event that the Owner accepts the reservation requested by the Tenant, HMLET LISTED will retain the First Payment and the Reservation Fee, along with any corresponding Taxes (GST/VAT), and forward an email to both the Owner and the Tenant confirming the reservation and put both the Parties in contact with each another. From this moment, the Owner will be responsible for providing all the necessary information for the Tenant to access the Accommodation. (See Move-in Policy)
The Owner acknowledges that he/she is solely responsible for any Advertisement he/she approves for publication and that he/she has the full right to make available and authorise the reservation of the advertised property.
Furthermore, the Owner will ensure that after accepting a reservation, the Owner will:
HMLET LISTED will not assume any liability for any breach, by the Owner, of the applicable laws, rules or regulations. HMLET LISTED reserves the right, at any time and without prior notice, to remove the publication or to disable access to any Advertisement, for any reason and at its own discretion, including any Advertisement that HMLET LISTED deems to be challengeable before the courts law for any reason.
HMLET LISTED acts as an intermediary authorized by the Owner to exclusively accept and receive the First Payment from the Tenant for the reserved Accommodation and, after deducting the Service Fee and any corresponding Taxes (GST/VAT), transfer such payment to the Owner.
HMLET LISTED shall provide the Owner with certain information on the Tenant intending to make the reservation and who has provided and authorized the information for this purpose. Both the Owner and the Tenant acknowledge and accept that they are responsible for their own actions and any non-disclosure of information in this regard.
While using the Platform, Application or services, you agree that any legal action or claim arising as a consequence of the acts or omissions of the Owner, Tenants or third parties resulting in injury will be filed exclusively against the party in question, and you agree to hold Hmlet Listed harmless against any action Legal or claim with respect to such omissions.
HMLET LISTED advises that Owners take out the appropriate insurance for their Accommodation.
HMLET LISTED will not be responsible for the removal or theft of any object found inside or outside the leased Accommodation.
The minimum reservation period made via the Platform or Application is for one month (30 days), where the Owner may specify a longer minimum period.
The Owner agrees to use the standard HMLET LISTED Tenancy Agreement.
When the Tenant makes a reservation that has been confirmed by the Owner, he/she will make a transfer to HMLET LISTED for the First Payment and the corresponding Reservation Fee plus any Taxes (GST/VAT), via the payment methods available on the Platform or Application.
The amount of the “First Payment” is calculated in the following manner:
The First Payment will be the monthly rental price, which, and once the Tenant has settled in the Accommodation, it will be transferred to the Owner as the payment corresponding to the first month’s rent.
The “Reservation Fee” is a percentage of the Total Tenancy Agreement Value plus any Taxes (GST/VAT) charged by HMLET LISTED to the Tenant for the provided services.
The “Total Tenancy Agreement Value” is the total price of the reservation for the rental property, which will vary according to the total duration and set price for each day for its duration.
The “Service Fee” is a percentage of the Total Tenancy Agreement Value that HMLET LISTED will charge the Owner for the provided services. The Service Fee and its corresponding Taxes (GST/VAT) will be deducted from the First Payment.
HMLET LISTED will only transfer the First Payment, minus the Service Fee and Taxes (GST/VAT), to the Owner 48 hours after the Move-in Date (that which is indicated on the reservation), provided that the Tenant has not informed HMLET LISTED of any Significant Deficiency (see Section 7. MOVE-IN POLICY)
In any event, the Owner will be the one to determine, at his/her own discretion, the price of the Accommodation.
After the Owner has approved the reservation and HMLET LISTED has sent confirmation of the reservation to both the Tenant and the Owner, including the contact information for both parties, it will be the Owner's responsibility to provide any further instructions to the Tenant with regards to moving into the Accommodation.
The Owner will ensure that the Accommodation reserved by the Tenant is found in the expected and proper living conditions and that the features published in the Accommodation Advertisement remain the same, as well as the pricing terms
Applicable policy for when a Tenant moves into the Accommodation:
The Tenant, within 24 hours after the Move-in Date, may inform HMLET LISTED of any Significant Deficiencies for the Accommodation, as well as to report on the inaccuracy of the Accommodation with regards to the features indicated in the Advertisement, by sending an email to [email protected], and stating the reservation number, while putting the Owner in copy and attaching the necessarily visual evidences (photos and/or videos) of the Essential Deficiencies. Once the email has been received by the HMLET LISTED staff, at its own discretion, the circumstances will be verified and assessed.
A Significant Deficiency is defined as a circumstance entailing non-liveable conditions, a health risk and/or substantial modifications that differ from the description in the Advertisement.
In the event that the HMLET LISTED staff deems that there is a significant deficiency, the Owner will be given a period of 36 hours to commence actions to resolve such deficiencies, which shall be settled within a reasonable timeframe.
In the event that the Owner does not resolve the deficiencies within a reasonable timeframe, he/she will be in breach of these Terms and Conditions, which will entitle the Tenant to cancel his/her reservation, which will mean that the Owner will adhere to the Cancellation Policy for Owners (See Cancellation Policy for Owners) and HMLET LISTED will provide the Tenant, at its own discretion, one of the following solutions:
HMLET LISTED staff will be responsible for looking for an Accommodation with similar features, where the Tenant may accept or reject the Accommodation. This possibility will depend on whether HMLET LISTED can provide Accommodation with similar features. In the event the substitute Accommodation offered by HMLET LISTED is less than the price of the previous reservation, HMLET LISTED will pay the Tenant the difference between the new price and the price of the reservation.
HMLET LISTED staff will refund the Reservation Fee plus the corresponding Taxes (GST/VAT) plus the First Payment to the Tenant.
In the event that the HMLET LISTED staff considers that there is no Significant Deficiency and the Tenant cancels the reservation on the basis of unfounded reasons (at Hmlet Listed's discretion), the Tenant will forfeit his/her Reservation Fee plus the corresponding Taxes (GST/VAT) and the First Payment, where the First Payment will be fully transferred to the Owner.
HMLET LISTED will only transfer the First Payment, minus the Service Fee and Taxes (GST/VAT), to the Owner at the agreed time, provided that the Resident has not informed HMLET LISTED of any Significant Deficiency.
Lease Agreement signed between the Tenant and the Owner:
HMLET LISTED is not a contracting party to any Lease Agreement. This Agreement will be signed only by the Tenant and the Owner and, accordingly, HMLET LISTED will be held harmless of all legal matters, nor will it be held liable in the event of any dispute, disagreement or claim. Any situation resulting from the aforementioned Lease Agreement shall be settled between the Tenant and the Owner. Furthermore, HMLET LISTED will not be party to any negotiation regarding a bond or security deposit, required by the Owner and made by the Tenant, under the Lease Agreement or in any other type of Agreement, nor will it act an intermediary for any dispute arising as a result of a bond or security deposit.
HMLET LISTED advices that both the Tenant and the Owner thoroughly read the tenancy Agreement, or any other Agreement entered into, as it will be the instrument governing the relationship between both.
Hmlet Listed's services are deemed to be fully rendered:
Accordingly, the user understands, accepts and acknowledges that once the services have been fully rendered (as described above) by HMLET LISTED, he/she will have lost his/her right of withdrawal.
In the event that the reservation had been approved by the Owner, and where the Tenant and the Owner have signed a Tenancy Agreement, in any of its forms, the cancellation policies will be those included under the aforementioned Agreement, of which HMLET LISTED is not party to.
In the event that the Owner cancels the reservation before the Move-in Date or before the Owner and the Tenant have signed a Tenancy Agreement, the Tenant will be refunded with the Reservation Fee, along with the corresponding Taxes (GST/VAT) and First Payment. With regard to the Service Fee:
HMLET LISTED reserves the right to claim for any of the foregoing amounts in the event of it being necessary to apply any of the aforementioned penalties, where the Owner acknowledges and agrees that HMLET LISTED will send a request for payment and that he/she will be obliged to pay such amounts to HMLET LISTED.
When a Tenant has made a Reservation for Accommodation and it has been approved by the Owner, HMLET LISTED will charge the Tenant the Reservation Fee plus Taxes (GST/VAT), along with the First Payment. In the event that the Tenant cancels the requested reservation before it has been approved by the Owner, no amount will be charged.
In the event that the reservation has been accepted by the Owner and the Tenant cancels the reservation, the Reservation Fee and its corresponding Taxes (GST/VAT) will not be refunded by HMLET LISTED to the Tenant.
When the Tenant cancels the reservation the following policy applies, unless specifically agreed otherwise:
When the Tenant intends to cancel or modify a reservation.
In the event that a Tenant has notified, through any means, HMLET LISTED his/her intention to cancel or modify a reservation, HMLET LISTED staff, will send an email granting a 24 hour period to confirm the intention to cancel or modify the reservation. In the event that the Tenant does not reply to the email within the aforementioned period, it will be deemed that he/she has cancelled the reservation and the aforementioned Cancellation Policies will apply.
Applicable policy for a Tenant who has requested a reservation and has not yet been able to pay for the reservation.
In the event that HMLET LISTED has charged the Tenant for the reservation and that, for any reason, it is not possible to withhold the full amount to cover the reservation for the Accommodation, for reasons beyond the control of HMLET LISTED, a payment request will be sent to the Tenant to settle the remaining amount within the following 24 hours and should the Tenant not settle this payment in full, Hmlet Listed will charge an amount equivalent to the Reservation Fee plus Taxes (GST/VAT) and will proceed to cancel the reservation for the Accommodation, where, under no circumstance, will the Tenant receive a refund for this charge, nor will the Owner be transferred any amount.
After the Tenancy Agreement, or any other Agreement entered into between the Tenant and the Owner, has been signed, it is the sole responsibility of the Owner to collect rent payments from the Tenant. HMLET LISTED shall not be held liable, in any manner, for the collection of rent payments or for any outstanding payment that may arise.
After 48 hours have elapsed following the Tenant’s Move-in Date for the Accommodation and where HMLET LISTED has transferred the First Payment to the Owner, all legal and any other type of relationship between HMLET LISTED and the Tenant and between HMLET LISTED and the Owner shall expire with regards to the reservation. HMLET LISTED shall not be held liable, for any reason, for any event arising from the subsequent relationship between the Owner and the Tenant.
Once the reservation has been finalised, the corresponding simplified invoice will be sent to both the Owner and the Tenant and, in the event should it be requested, a detailed invoice will be sent with a breakdown of the corresponding Taxes (GST/VAT) or any other applicable tax, depending on the country or place of the transaction.
The Tenant is responsible for maintaining the Accommodation in the same condition when he/she arrived at the Accommodation. The Tenant and the Owner acknowledge and accept that they are responsible for their own acts or omissions, as well as those of anyone who has been invited or granted access to the Accommodation. HMLET LISTED will not be held liable, for any event, where damage have been caused to the Accommodation, where such liability shall be resolved between Owner and Tenant.
HMLET LISTED, at its sole discretion and without the need to substantiate the reasons, may restrict access to the Website, disable or cancel Advertisements, all without it being held liable and without the obligation to provide prior notice.
Owners may request that HMLET LISTED remove their own Advertisement for their Accommodation from the Platform, by writing to: [email protected] Please note that if the Advertisements are removed, HMLET LISTED is not obliged to transfer the content of the Advertisements to any Owner.
Once their stay at the property has ended, Tenants will receive a message from HMLET LISTED inviting them to fill out a review that will be published on our platform. The landlords, in turn, will be able to respond to said reviews. HMLET LISTED reserves the right to not publish or to eliminate without prior warning reviews/responses that do not follow our Review Policy.
All details here
These Terms and Conditions shall be interpreted in accordance with Singaporean law.
Any dispute arising from this Agreement will be resolved by arbitration, being final and binding, and administered by the Singapore Court of Arbitration, in accordance with its Regulations and Rules, which is entrusted with administering the arbitration procedures and the appointment of the arbitrator or arbitrators. The seat of arbitration will be Singapore.
Waiving of the Cancellation Policy for Owners in the case of Force Majeure
In the event that the Owner cancels a reservation due to Force Majeure, HMLET LISTED will waive the Cancellation Policy for Owners, providing that sufficient documentation has been submitted and the assessment will be made at the discretion of HMLET LISTED.
Waiving of the Cancellation Policy for Tenants in the case of Force Majeure
In the event that the Tenant cancels their reservation due to Force Majeure, HMLET LISTED will waive the Cancellation Policy for Tenants and will reimburse the Reservation Fee amount paid by the Tenant to HMLET LISTED, providing that sufficient documentation has been submitted and the assessment will be made at the discretion of HMLET LISTED.
Reasons for force majeure: