General Terms of Use and Sale

The domilinko service (hereinafter the "Platform") is published and operated by Espero-Soft Informatiques SRL, with registered office at Rue de la Colonne 1A, 1080 Molenbeek-Saint-Jean, Belgium, Numéro d'entreprise (BCE) 1033.022.383 (hereinafter the "Publisher"). The Platform is an online marketplace for renting properties between individuals, owners and real-estate agencies, allowing Owners to list their property for rent — short-term (a stay booked for specific dates) or long-term (a lease) — and Tenants to book it or to apply for it.

These general terms govern access to and use of the Platform by Tenants and Owners, the Bookings concluded, the Applications submitted, as well as the amounts collected by the Publisher. Any use of the Platform implies full acceptance of these terms.

"Platform": the domilinko website and application. "Tenant" (or "User"/"Client"): any person who searches for a property on the Platform, books a short-term stay or submits an Application with a view to a lease. "Owner": any owner or manager, individual or real-estate agency, who lists a property for rent on the Platform and sets its price. "Listing": the page presenting a property offered by an Owner. "Booking": the short-term rental of a property, for specific dates, concluded between a Tenant and an Owner via the Platform. "Application": the rental file submitted by a Tenant to an Owner with a view to concluding a lease. "Lease": the long-term rental contract concluded between the Tenant and the Owner. "Commission": the remuneration charged by the Publisher on each short-term Booking. "Subscription": the paid plan taken out by an Owner or an agency with the Publisher. "Application fee": the remuneration for an optional service taken out solely at the Tenant's initiative, consisting in building, verifying (KYC) and hosting a reusable rental file that the Tenant may present to several Owners; it is not a condition for submitting an Application, its amount is indicated to the Tenant before any payment and it is refunded if the service is not provided. It never constitutes an intermediation fee charged to the Tenant for the Owner's benefit.

The Platform acts as an intermediary connecting Tenants and Owners and as a technical provider. The rental contract — short-term stay or lease — is concluded between the Tenant and the Owner; the Publisher does not own any property, does not act as landlord and is not a party to the stay or to the lease.

The Publisher does not itself rent out any property and offers no guarantee as to the availability, condition, quality, compliance or legality of the properties offered by Owners, nor as to the accuracy of the information in the Listings. Compliance with the regulations applicable to residential rental rests with the Owners and the Tenants according to their respective roles.

The information shown on Listings (photographs, description, price, availability, energy class) is provided by the Owners; it is communicated under their responsibility. The exact address of a property is never displayed publicly: the Listing indicates only the municipality, the postal code and an approximate location. The full address is disclosed solely to the Tenant whose Booking is confirmed or whose Application is accepted.

Consultation of the Platform is free. For short-term rentals, the Tenant sends a Booking request to an Owner for the desired dates; the Booking is firm once the payment is authorized and, where applicable, confirmed by the Owner. For long-term rentals, the Tenant assembles a rental file and submits an Application; the Owner remains free to accept or refuse it, and the conclusion of the lease is a matter for the parties alone.

The Tenant undertakes to provide accurate information and truthful supporting documents, to occupy the rented property only in accordance with the agreed use, and not to divert the Platform from its purpose, in particular through abusive prospecting, automated data extraction, or distribution of unlawful content. Any deliberately inaccurate statement in a rental file may result in the refusal of the Application and the closure of the account.

The Platform may publish reviews and ratings relating to Owners, properties and Tenants. Reviews are published only where they come from users who have made an actual Booking or concluded a lease. The Publisher implements reasonable measures to ensure their authenticity (email verification, anti-spam measures, post-publication checks), without however being able to guarantee the absence of any unrepresentative review.

Posting fake reviews, purchased reviews or reviews written in exchange for a benefit is prohibited. Any manifestly abusive review may be reported and is subject to moderation. The Publisher does not alter the content of reviews but reserves the right to remove those that breach the law or these terms.

The default ranking of Listings in the results stems from a combination of parameters, the main ones being: relevance to the search (location, dates, rental mode, property type, keywords), price, availability, the completeness and quality of the Listing, and the reviews and the Owner's response rate.

Where applicable, certain paid visibility options may influence the positioning of a Listing. Any paid prominence is disclosed in accordance with Article VI.45 of the Code of Economic Law and Regulation (EU) 2019/1150 ("P2B").

The Owner publishes one or more Listings describing their property, chooses the rental mode (short-term, long-term, or both) and freely sets the price — the price of the stay for short-term rentals, the rent and charges for long-term rentals — as well as its availability.

No Listing may be published without the Owner's approved identity verification (KYC), nor without the property's energy class (EPC/PEB certificate) being stated: this information is mandatory in every rental listing.

The Publisher's remuneration differs according to the rental mode. For short-term rentals, the Tenant pays the total amount of the stay on the Platform; the Publisher transfers this amount to the Owner, less the Commission, via the payment provider (Stripe), according to the latter's processing times. For long-term rentals, the Publisher collects no rent whatsoever: its remuneration rests primarily on the Subscription taken out by the Owner or agency. Submitting an Application is free for the Tenant, who may not be charged any intermediation fee; the only fees the Tenant may owe remunerate the optional reusable rental-file service that the Tenant freely chooses to take out (article 2).

The Owner is required to keep its Listings, prices and availability up to date, to honor confirmed Bookings and to process the Applications received. Where it acts in a professional capacity, the professional Owner does not benefit from the consumer right of withdrawal.

The Owner warrants the accuracy and updating of the information on its Listing as well as its right to rent out the property. It warrants the validity of the stated energy class (EPC/PEB certificate) and the compliance of the property with the applicable regulations. It warrants that it holds all rights (in particular intellectual property rights) to the content it publishes, photographs, texts, and grants the Publisher a non-exclusive, free license, for the duration of publication, for the sole purpose of displaying and promoting the Listing on the Platform. It indemnifies the Publisher against any third-party claim in this respect.

The Owner is solely responsible for complying with its legal and regulatory obligations, in particular regarding the compliance and habitability of the property, the mandatory information in rental listings, the protection of the personal data of prospective tenants and consumer law. The documents of a rental file transmitted to it may be used solely for the purpose of assessing the Application.

A contradictory inventory of fixtures (check-in and check-out report) is drawn up between the Owner and the Tenant at move-in and at move-out. The Platform provides tools to document it (photographs, findings, key handover); these elements are established by the parties, under their responsibility, the Publisher not guaranteeing their content.

The Publisher may restrict, suspend or remove a Listing or an account (Owner or Tenant) in the event of breach of these terms, inaccurate or unlawful information, non-payment, repeated cancellations, or infringement of third-party rights or of the Platform's reputation.

Save for urgency, security breach, manifest abuse or legal obligation, the suspension or termination of an Owner account acting in a professional capacity is preceded by a notice period and a statement of reasons communicated to the Owner, in accordance with Regulation (EU) 2019/1150.

Owners and Tenants may address any complaint regarding the performance of these terms to info@domilinko.com; the Publisher undertakes to acknowledge receipt and to respond within a reasonable time.

Failing an amicable resolution, the parties may resort to mediation. In accordance with Regulation (EU) 2019/1150, the Publisher will, on request, identify the mediator(s) with whom it is willing to engage for disputes with professional Owners.

Short-term rental. The price of the stay is set by the Owner and displayed on the Listing; unless otherwise indicated, it is inclusive of all applicable taxes for the portion payable to the Owner. The Commission charged by the Publisher (15% of the rental amount, unless otherwise indicated) is included in the total paid by the Tenant. The Tenant pays this total at the time of Booking via the means offered on the Platform (in particular card and Bancontact), processed by a secure payment provider (Stripe); the Publisher transfers to the Owner the amount of the stay less the Commission. A security deposit may be requested by the Owner: it takes the form of a card hold (pre-authorization, without immediate debit), the amount and terms of which are indicated before the Booking. In the event of a payment default or incident, the Booking may be refused or cancelled.

Long-term rental. The Platform collects neither the rent nor the charges: these are paid directly by the Tenant to the Owner, in accordance with the terms of the lease. Only the Subscription of the Owner or agency and, where applicable, the Application fee remunerating the optional reusable-file service freely taken out by the Tenant pass through the Platform; their amount is displayed before any payment, and submitting an Application remains free. The rental guarantee is constituted outside the Platform, in the forms provided for by the applicable law (in particular a blocked account opened in the Tenant's name): the Publisher never holds it and retains only its amount, for documentary purposes.

The Publisher issues an invoice for each of the amounts it collects (Commission, Subscription, Application fee); these invoices are accessible from the user's account.

For short-term rentals, the Tenant may cancel a Booking before the start of the stay according to the applicable cancellation conditions: a cancellation made sufficiently in advance gives rise to a full or partial refund, whereas a late cancellation may result in the retention of all or part of the amount for the benefit of the Owner. The details of the deadlines and refund rates are indicated at the time of Booking. In the event of cancellation by the Owner of a confirmed Booking, the Tenant is fully refunded the amount paid; the Commission follows the fate of the refunded amount according to the applicable conditions.

For long-term rentals, the Tenant may withdraw its Application and the Owner may refuse it as long as the lease has not been signed. The Application fee remunerating the optional reusable-file service is refunded to the Tenant where that service has not been provided; its refund conditions are communicated to the Tenant before any payment.

In the event of a dispute over the condition of the property at move-in or move-out, or over rental damage, the Publisher may intervene as mediator on the basis of the inventories of fixtures and the elements communicated by the parties, without substituting itself for the parties or for the courts.

A Tenant acting as a consumer has in principle a right of withdrawal of 14 calendar days for contracts concluded at a distance, in accordance with Book VI of the Code of Economic Law. However, contracts for the provision of accommodation with a specific execution date or period fall under a legal exception to the right of withdrawal; that right therefore does not apply to short-term Bookings for fixed dates.

For the paid services provided by the Publisher itself (Subscription, Application fee), the consumer exercises the right of withdrawal under the conditions provided for by law; that right lapses once the service has been fully performed with the consumer's prior express consent.

Owners acting in a professional capacity do not benefit from the consumer right of withdrawal.

The Platform, its structure, trademarks, texts, visuals and software are protected and remain the exclusive property of the Publisher. Any unauthorized reproduction or exploitation is prohibited. Content published by the Owners remains their property, subject to the display license granted to the Publisher (Article 8).

The processing of personal data is described in the Privacy Policy, which forms an integral part of these terms and is accessible on the Platform.

No party may be held liable for a breach resulting from force majeure (in particular network failure, failure of a supplier or of an infrastructure provider, cyberattack, fire, measure of the authorities). The affected obligations are suspended for the duration of the event.

The Publisher may amend these terms. Any substantial amendment is notified to professional Owners with a notice period of at least fifteen days, during which the Owner may cancel free of charge if it refuses the new terms. Towards Tenants, the applicable terms are those in force at the time of the Booking or of the submission of the Application.

The nullity or unenforceability of a clause does not affect the validity of the other clauses. A party's failure to exercise a right does not constitute a waiver of that right. These terms, together with the Privacy Policy, constitute the entire agreement of the parties with respect to their subject matter.

These terms are governed by Belgian law. Failing an amicable resolution, any dispute falls under the exclusive jurisdiction of the Belgian courts.

In the event of a consumer dispute not resolved amicably, the consumer may contact the Belgian Consumer Mediation Service free of charge (Boulevard du Roi Albert II 8, 1000 Brussels; contact@mediationconsommateur.be; mediationconsommateur.be), which will, where appropriate, refer the matter to the competent qualified entity.

Espero-Soft Informatiques SRL, domilinko service. By email at info@domilinko.com or by phone at +32 484 71 17 19, Monday to Friday from 9am to 6pm.