CONDITIONS OF SERVICE IKOAB & Disclaimer

1. Legal information

The website www.ikoab.com (hereafter the “Website”) is an initiative of IKOAB SCRI, company under Beglian law, with its registered office at Rue Jules Destrée 96, 6001 Charleroi and listed in the Crossroad Bank for Companies (Kruispuntbank voor ondernemingen / Banque-Carrefour des entreprises) under company number BE.0660.984.724, hereafter referred to as « IKOAB ».

IKOAB is approved as a real estate agent in Belgium under the IPI number 506460. It is subject to the supervision of the Professional Institute of Real Estate Agents ("IPI") located rue du Luxembourg 16b in 1000 Brussels and acts in accordance with the Code of Ethics of the IPI approved by the Royal Decree of 27 September 2006.

2. Definitions

In the present general conditions of service, hereinafter referred to as the "General Conditions", the terms beginning with a capital letter should be defined as follows:

3. Scope

The General Conditions form the contract between IKOAB and the Tenant, hereinafter referred to as the "Parties", when the latter uses the Site. By using the Site, the Tenant declares having read the General Conditions and expressly and unreservedly accepts the rights and obligations relating thereto. Any derogation from these General Conditions must have been the subject of a written agreement from IKOAB.

IKOAB reserves the right to modify the Terms and Conditions at any time without prior notice. The changes will only apply to bookings made later.

The General Conditions of IKOAB can be consulted in French and English. In case of a discrepancy between the different versions, the French version prevails.

4. Description of the services

Via the Website IKOAB provides an online platform allowing Tenants to remotely book an Accommodation in a shared lodging for a minimum period of three (3) months.

IKOAB does not own the Accommodation it offers on the Website. It intervenes as an intermediary between the Tenant and the Landlord within the framework of the property management mandate entrusted to it by the Landlord.

As such, IKOAB's responsibilities are limited to:

All of these services are hereafter referred to as "Services".

5. Functioning of the Website

IKOAB attaches the utmost care to uploading information on the available Accommodations and their characteristics, as well as photos illustrating the Accommodations. IKOAB guarantees the description of the Accommodation and the conformity of the photos to reality. However, some non-substantial features of an Accommodation may differ from the description or photos at the time of entry into the Accommodation, without incurring liability on the part of IKOAB.

To book an Accommodation, the Tenant is required to identify himself by creating an account ("User Area"). The Tenant is invited to provide a certain number of personal data (last name, first name, e-mail address and telephone number) and to choose a password. The Tenant agrees to provide accurate, complete and up-to-date information. He acknowledges the strictly personal and confidential nature of his password. The Tenant is solely responsible for the use of his username and password through the internet. Therefore, IKOAB cannot be held responsible for fraudulent access or use related to an account.

In addition, IKOAB reserves the right to delete an account at any time, without notice, if the account is no longer used during a given period of time or if IKOAB suspects fraudulent use of the account. The Tenant cannot claim any compensation in case of deletion of his account, even if IKOAB is at fault.

The creation of an account or the use of the Services by minors is strictly forbidden. By creating an account or using the Services, the Tenant confirms to be 18 years of age or older.

6. Reservation procedure

The reservation of an Accommodation via the Website is made in several stages, as described below:

6.1. The Tenant selects the desired Accommodation by clicking on the "Rent" tab.

The Tenant is asked to provide the following information: his contact details, his profession, his date of birth, his nationality and his passport or identity card number. This information is necessary for the booking of the Accommodation and the drafting of the Tenancy Agreement. They will not be used by IKOAB as a criterion to refuse the request of a Tenant.

Accommodation can never be booked for less than three (3) months. The Tenant is free to choose the initial duration of the rent, as long as it does not exceed three (3) years.

IKOAB will send the Tenant a notice of termination no later than three (3) months before the end of the Tenancy Agreement. The Tenant and the Landlord may agree to renew the lease, provided that the total duration of the lease does not exceed 3 years. In the absence of renewal, the Rental Agreement will terminate on the date originally scheduled.

The Tenant is then invited to read the legal documents relating to the lease:

The state of entry is prepared by IKOAB. The Tenant declares to have received the inventory describing his private space and common areas. The Tenant has a period of fifteen (15) days after entering the Accommodation to make changes to the inventory. After this period, the inventory is considered final and accepted by all parties.

The Tenant is asked to give his consent by signing the documents via the DocuSign electronic signature system. The electronic signature has the same legal value as a handwritten signature. By signing the documents, the Tenant acknowledges having read the documents and expressly accepts the rights and obligations mentioned therein. Under no circumstances can IKOAB be held responsible for any failure or unavailability of the DocuSign system.

The Tenant is strongly advised to download and save the documents. The Tenant also has the possibility to find them at any time in his "User area" or upon request by email to info@ikoab.com.

6.3. After having checked the accuracy of his contact information one last time, the Tenant is required to pay a deposit equal to the first month of rental as a security deposit in order to validate the booking of Accommodation. Payment shall be made in accordance with the terms and conditions described in 7.2 of these General Conditions.

The payment of the security deposit applies as confirmation of the reservation by the Tenant. In case of subsequent cancellation, the Tenant will remain liable for the amount of the deposit paid at the time of booking.

6.4 The reservation of the Accommodation will be confirmed by email as soon as possible, and at the latest seven (7) calendar days following the reservation. The confirmation will be sent to the email address indicated by the Tenant at the time of booking. IKOAB reserves the right to refuse a reservation, especially if the Accommodation is not available or if the data provided by the Tenant are incomplete or incorrect. IKOAB undertakes to inform the Tenant of the refusal and to specify the reason for the refusal.

In case of refusal, there will be no contract between the Tenant and the Landlord. Neither IKOAB nor the Landlord can be held liable for any compensation whatsoever. IKOAB undertakes to refund the sums paid by the Tenant at the latest fifteen (15) calendar days following the notification of the refusal.

7 Prices and payment methods

7.1. General provisions

The prices appearing on the Website are indicated in euro (€) and all taxes are included. Any additional costs, for example linked to the chosen payment method, will always be explicitly indicated during the last step of the online booking process.

The price consists of the rent, the monthly charges and the amount of the security deposit. The security deposit is always equivalent to two (2) months rent excluding monthly charges.

The Tenant is required to pay the price as indicated on the Website at the time of booking. Any obvious error in the price indicated can always be corrected by IKOAB after the conclusion of the contract. The Tenant will have the possibility to terminate the contract if he does not agree with the new price and will be able to obtain the refund of the sums already paid.

Prices vary from one Accommodation to another. IKOAB has the right to modify its prices at any time, without prior notice to the Tenant, but undertakes to apply the price indicated on its Website at the time of booking and this, throughout the duration of the rental (including possible renewals). However, the rent is subject to the annual indexing.

7.2. Payment of the deposit

In principle, the payment of the first month of security deposit has to be made immediately and in full at the time of booking. IKOAB accepts the following payment methods:

The Tenant also has the choice of paying by bank transfer to the bank account of IKOAB (IBAN: [XXX] / BIC: [XXX]). After having validated his reservation, Tenant has a period of 48 hours to make the payment. Valid proof of payment is sufficient. If payment is not made within this period, the reservation is automatically cancelled by IKOAB. There will be no contract between the Tenant and the Landlord.

7.3. Subsequent payments

The Tenant agrees to pay the second month of deposit and the first month of rent, monthly charges included, in the shortest time after receiving confirmation of the reservation, and at the latest 48 hours before the date on which Tenant moves into the Accommodation. Payment is made directly to the Landlord's bank account number as indicated in the Tenancy Agreement. Valid proof of payment is sufficient.

In the absence of payment within this period, no contract will be concluded between the Tenant and the Landlord. In such a case, the Tenant will remain liable for the amount of the deposit paid at the time of booking, namely the first month of rent as security deposit.

The following rent payments, including monthly charges, shall be made during the term of the Tenancy Agreement on the Landlord's bank account number in accordance with the terms of the Tenancy Agreement.

8. Moving

Moving into the premises is only possible between 10am and 5pm from Monday to Friday. The Tenant is required to communicate in advance the day and time of his arrival to IKOAB. Moving in takes place at the cost and risk of the Tenant. In addition, the Tenant is required to provide himself with the necessary equipment for moving in.

9. Cancellation Policy

Article VI.53 of the Belgian Code of Economic Law (Wetboek Economisch Recht - Code de droit économique) provides exceptions to the right of withdrawal of the Consumer, in particular for "1 ° service contracts after the service has been fully performed if the execution began with the prior express agreement of the consumer, who has also acknowledged that he will lose his right of withdrawal once the contract has been fully performed by the company ".

IKOAB's Services are fully performed once the booking has been made. Therefore, the Tenant acknowledges and accepts that he loses his right of withdrawal once he has validated his reservation on the Website.

In case of cancellation before entering the Accommodation, the Tenant will remain liable for the amount of the advance paid at the time of booking, namely one month of rent as a security deposit. All other amounts paid by the Tenant will be refunded by IKOAB, within fifteen (15 calendar) days following the cancellation.

10. Liability of IKOAB

The Tenancy Agreement is concluded between the Tenant (as lessee) and the Landlord (as lessor). IKOAB is under no circumstances a party to the Tenancy Contract. Every legal action or complaint arising from actions or omissions from the Landlord or a third party are dealt with between these two.

The liability of IKOAB is limited to the Services provided via the Website, as described in point 4 of the General Conditions. IKOAB cannot be held liable if the bad execution of the Services is due to the fault of the Tenant, a third party unrelated to the Tenancy Agreement or in case of force majeure.

In any case, the liability of IKOAB is limited to the repair of the direct damages suffered by the Tenant arising from identified deficiencies. IKOAB can in no way be held liable for any form of indirect damage resulting from any deficiencies.

11. Intellectual property

The content which is published on our Website is protected by the intellectual property rights of IKOAB. “Content” means the very broad category of information, logos, photos, brands, drawings, models, slogans, data bases, et cetera available on the Website. The technical nature of our Website itself, namely the computer code, is also protected by intellectual property rights of IKOAB.

Unless IKOAB has given its prior agreement in writing, Tenants are not authorised to modify, reproduce, translate, distribute, sell, borrow, rent, communicate to the public, in whole or in part the protected elements. IKOAB intends to pursue any infringement of its intellectual property rights.

12. Protection of personal data

The personal data provided by the Tenant at the time of booking is necessary for the provision of the Services. This data is collected and processed by IKOAB exclusively for internal purposes. IKOAB undertakes to comply with the applicable legislation in this area, namely the Belgian Act of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data (“Privacy Law”) and the Regulation of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data (“GDPR”).

For more information on the collection and processing of your personal data by IKOAB, we invite you to consult our Privacy Policy, available here.

13. Force Majeure

If IKOAB is prevented, in whole or in part, from providing the Services due to an unforeseen circumstance beyond its control, then it is a matter of force majeure. IKOAB's liability, both contractual and non-contractual, may not be invoked if the breach of its obligations or a delay in performance results from a case of force majeure.

14. Applicable law and court of competent jurisdiction

Should any provision of these General Conditions be deemed invalid, the validity of such provision shall not affect the validity and enforceability of the remaining provisions of these General Conditions.

Failure by a Party to exercise a right or remedy under these General Conditions shall not be construed as a waiver of such right or remedy.

The titles we use in these General Conditions are always of mere illustrative character; they have no legal value.

These General Conditions shall be exclusively governed by and interpreted in accordance with Belgian law. Any dispute relating to their validity, interpretation or execution shall be submitted to the exclusive jurisdiction of the courts of the judicial district Brussels.

Disclaimer Ikoab

1/ Who we are ?

The website www.ikoab.com (hereafter the “Website”) is an initiative of IKOAB SCRI, company under Beglian law, with its registered office at Rue Jules Destrée 96, 6001 Charleroi and listed in the Crossroad Bank for Companies (Kruispuntbank voor ondernemingen / Banque-Carrefour des entreprises) under company number BE.0660.984.724, hereafter referred to as « IKOAB ».

2/ Scope

The use of our website always goes hand in hand with some rights and obligations. These are defined in this disclaimer, in our general conditions of service and in our privacy policy. all other rights and obligations clearly stated on the website also deserve due attention. Together, these texts constitute our "Legal Documents"

The use of our website always goes hand in hand with some rights and obligations. These are defined in this disclaimer, in our general conditions of service and in our privacy policy. all other rights and obligations clearly stated on the website also deserve due attention. Together, these texts constitute our "Legal Documents".

We may deviate from the provisions in our Legal Documents in some exceptional situations, but only to the extent that the deviations are accepted by IKOAB explicitly in writing. These deviations only replace or supplement the clauses to which they relate. They shall not affect the application of any other provisions of these Legal Documents.

In addition, IKOAB reserves the right to modify the Legal Documents at any time, without prior notice, but undertakes to apply the provisions that were in force at the time you used our Site.

3/ Our website

3.1/ Proper operation, safety and accessibility

You can rest assured; we offer a user-friendly Website that is safe for every User. We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our website. Yet we cannot give you an absolute guarantee on this matter. We are bound by an obligation of means only.

Any use of the Website is entirely at the risk of the User. We are not liable for damages resulting from malfunctions, interruptions, defects, harmful elements or other problems on or within our website, regardless of the existence of force majeure or other extraneous events.

We have the right to restrict and/or interrupt fully or partially the access to our website, at any time and without prior warning.

3.2/ Content on our website

IKOAB exclusively determines which content is available on our Website. We apply great care in this respect and make every effort to provide high quality information. We therefore take all necessary steps to keep our Website as complete, accurate and current as possible, even when the information is provided by third parties. We are always permitted to change, add or delete the content on our Website, without being liable in this regard.

However, we are not able to guarantee the quality of the information available on our Website. It is possible that the information is not correct, not sufficiently accurate and/or not useful. As a consequence, IKOAB cannot be held liable for (direct and indirect) damages which the User may suffer as a result of the information on our website.

We ask you to notify us as soon as possible if you notice the content on our Website violates applicable laws and/or third party rights or is simply not acceptable. We will then take all the appropriate measures, which can include the partial or total removal of the information.

Our Website contains content that can be downloaded. As a User, you understand and agree that every download from our Website is at your own risk and that damages resulting from loss of data or damage to your computer system are your entire and sole responsibility.

3.3 / What we expect from you as a User

The User bears some responsibility with regard to the proper functioning of the Website. This means that you should refrain from acts that have a deleterious impact on the proper operation and security of the Website or on its use. For example, the Website cannot be used to circumvent our business model and/or to gather information from other Users.

It is therefore forbidden to distribute content via our Website that (may) damage(s) other Users of the website. We may think at the spread of malicious software, computer viruses, malware, worms, trojans and cancelbots. The proliferation of unsolicited and/or commercial messages via the Website, such as junk mail, spam and chain letters, is also targeted.

We reserve the right to take all necessary (judicial and extrajudicial) actions that may offer appropriate remedies to the affected parties. The User is solely responsible for all actions exerted on the website that cause damages to the Website and/or to other Users. If this occurs, the User has the obligation to keep IKOAB harmless and indemnified from all claims that may arise.

4/ LINKS TO OTHER WEBSITES

Our Website may contain or provide hyperlinks or pointed to other websites. Such a reference being made on our Website does not mean that there is any connection between our website and these third-party websites nor that we (implicitly) agree with the content of those sites.

IKOAB has no control over external websites. We do assume any liability for the accuracy, legality, completeness or quality of the content of external websites linked to on our Website. The User who clicks on these links leaves our Website. We are not liable for any damage resulting therefrom.

It is possible that these external websites do not offer the same guarantees as IKOAB. We therefor recommend you to carefully read their Terms of Sales as well as their Disclaimer and Privacy Statement.

5/ Intellectual property

The content which is published on our Website is protected by the intellectual property rights of IKOAB. “Content” means the very broad category of information, logos, photos, brands, drawings, models, slogans, data bases, et cetera available on the Website. The technical nature of our Website itself, namely the computer code, is also protected by intellectual property rights.

Each User receives a limited right to access, use and display our Website and its content. This right is granted in a non-exclusive and non-transferable manner and can only be used within a personal, non-commercial context. We ask our Users not to modify, reproduce, translate, distribute, sell, borrow, rent, communicate to the public, in whole or in part the elements protected by the intellectual property rights. IKOAB intends to pursue any infringement of its intellectual property rights.

6/ 1 Protection of personal data

The personal data provided by the User during his visit and / or the use of the Webite is collected and processed by IKOAB exclusively for internal purposes. IKOAB assures its Users that it attaches the utmost importance to the protection of their privacy and personal data, and that it is always committed to communicating clearly and transparently on this point.

IKOAB undertakes to comply with the applicable legislation in this area, namely the Belgian Act of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data (“Privacy Law”) and the Regulation of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data (“GDPR”).

The personal data of the User are processed in accordance with our Privacy Policy, available here.

7/ GENERAL PROVISIONS

IKOAB reserves the right to change, expand, delete, limit or discontinue our Website and related services at any time and to any extent. We may do so without noticing the User. This does not give rise to any form of compensation.

When the User is found to have violated our Legal Documents, IKOAB has the right to undertake all possible measures to penalise and remedy this violation. In particular, IKOAB reserves the right to deny the User access to his “User area”, temporarily or permanently. These measures can be taken without reason and without giving prior notice. Such measures shall not give rise to our liability neither to any entitlement to compensation.

Our Legal Documents shall be exclusively governed by and interpreted in accordance with Belgian law. Any dispute relating to the validity, interpretation or execution of the Legal Documents shall be submitted to the exclusive jurisdiction of the courts of the judicial district Brussels.

If a court of competent jurisdiction deems any provision of these Legal Documents invalid, the validity of such provision shall not affect the validity and enforceability of the remaining provisions of these Legal Documents, which shall remain in full force and effect. In such a case, IKOAB has the right to replace the inapplicable clause by another provision valid in law and of similar scope.

The titles we use in our legal documents are always of mere illustrative character; they have no legal value.

8/ HELP US IMPROVE OUR WEBSITE

Our Website aims at being as user-friendly as possible. We appreciate any help that may improve our Website. Do not hesitate to share your questions, tips and comments by e-mail at info@ikoab.be.