Property Rental Terms

These terms constitute the contractual framework of the property rental concluded directly between the Owner (the owner or lawful holder of the property, whether a private individual or a professional agency) and the Tenant (the natural person who books a short-term stay or who applies for a long-term lease). They apply to any booking and to any application made through the domilinko platform.

Each listing states its rental mode. In short-term rental, the Tenant books the property for specific dates: the stay is paid online and domilinko receives a commission. In long-term rental, the Tenant submits an application together with a tenant file, with a view to signing a lease: the rent under the lease is never collected by the Platform.

domilinko, operated by Espero-Soft Informatiques SRL, whose registered office is located at Rue de la Colonne 1A, 1080 Molenbeek-Saint-Jean, Belgium, acts solely as a technical intermediary. domilinko connects the Owner and the Tenant and facilitates the booking or the application, the inventory of fixtures and, in short-term rental only, payment of the stay. In long-term rental, only the Owner's or agency's subscription and, where applicable, the fee for an optional reusable-file service freely taken out by the Tenant pass through the Platform, to the exclusion of any rent; submitting an application is free. domilinko is neither a party to the rental agreement, nor the owner, nor the lessor of the property: the agreement is concluded between the Owner and the Tenant, who bear its rights and obligations.

By making a booking or submitting an application, the Owner and the Tenant declare that they have read and accepted these terms, which apply without prejudice to the mandatory provisions of Belgian law, in particular Book VI of the Code of Economic Law relating to market practices and consumer protection, and the regional legislation applicable to residential leases.

"Owner": the natural or legal person offering their property for rent on domilinko, as a private individual or as a professional agency. "Tenant": the natural person who books the property for a short-term stay or who submits an application for a long-term lease, and who has the enjoyment of it during the rental period. "Occupant": any other person authorised to occupy the property, expressly declared before move-in.

"Rental period": the agreed duration between move-in and move-out, namely the dates of the stay in short-term rental or the term of the lease in long-term rental. "Inventory of fixtures": the joint (contradictory) assessment of the condition of the property at move-in and move-out, including photographs, meter readings where relevant, and an inventory of the furniture and equipment provided. "Fee schedule": the separate document listing the applicable administrative fees, processing charges and penalties.

"Property" or "Home": the immovable property described in the listing. "Tenant file": all the information and supporting documents provided by the Tenant in support of a long-term application. "Platform": the website and applications operated by domilinko.

The Tenant must be a natural person of full age with the legal capacity to contract. Their identity must have been verified in accordance with the identity verification (KYC) procedure applicable on the Platform.

In long-term rental, the Tenant compiles a tenant file (identity, employment situation, income, any guarantor, household composition, supporting documents) which is sent to the Owner together with the application. That file is frozen at the moment the application is submitted: a later update of the file does not alter an application already sent. The Owner assesses the application on the basis of the documents as dated, in compliance with Belgian legislation on non-discrimination and the protection of personal data.

Any additional occupant must be declared before move-in. The maximum number of occupants is the one stated in the listing or in the lease. Occupation of the property by undeclared persons or beyond that number constitutes a breach by the Tenant of their obligations.

The Owner may publish a listing only after their identity verification (KYC) has been approved by domilinko. No listing goes live until that approval has been obtained.

Every listing must state the energy performance class (EPC certificate) of the property: no listing may be published or approved without that information. The Owner warrants the accuracy of the energy class provided and makes the corresponding certificate available, in accordance with the applicable regional legislation.

The Owner warrants that the property complies with the description in the listing, that it meets the safety, health and habitability requirements applicable in Belgium, and that they hold the rights necessary to rent it out.

The exact address of the property is never made public. The listing displays only the municipality, the postcode and an approximate location. The full address and the access instructions are disclosed to the Tenant only once their booking has been confirmed or their application has been accepted.

Where a non-conformity is observed at move-in, the Tenant may refuse to take possession of the property and request assistance from domilinko; in short-term rental, that assistance may give rise to a refund or a re-housing solution, in accordance with the terms applicable to the booking.

In short-term rental, the booking is confirmed after acceptance by the Owner and validation of the payment for the stay. In long-term rental, the Tenant submits an application together with their tenant file; acceptance of the application leads to the conclusion of a lease between the Owner and the Tenant, the rent of which is paid directly to the Owner, outside the Platform.

At move-in, the Owner and the Tenant jointly carry out a contradictory inventory of fixtures. It includes taking photographs of the rooms, the equipment and any pre-existing defects, recording the meter readings where relevant, an inventory of the furniture and equipment provided, as well as the handover of keys, badges and access devices, which is logged on the Platform.

The move-in inventory, validated by both parties, serves as the reference for comparison with the move-out inventory. In the absence of any reservation expressed at move-in, the property is deemed to have been handed over in the documented condition.

The Tenant undertakes to occupy the property reasonably and peacefully, in accordance with its residential purpose, with the listing or the lease and with the applicable regulations. The Tenant has the enjoyment of it throughout the rental period.

The following are prohibited, unless the Owner agrees in writing or the listing or the lease provides otherwise: subletting and making the property available to third parties; carrying on any professional or commercial activity in the property; accommodating undeclared persons or exceeding the maximum number of occupants; keeping animals; smoking indoors; holding parties or events; as well as any alteration, works or modification affecting the property or its equipment.

The Tenant complies, where applicable, with the building's internal rules, with the peace and quiet of the neighbourhood and with local rules on noise and waste. Any breach engages the full liability of the Tenant and may result in the termination of the rental under the conditions set out in Article 12.

Charges and utilities (water, electricity, gas, heating, internet, common charges, local taxes) are settled as provided for in the listing for a short-term stay, or in the lease for a long-term rental. The method of calculation used (flat fee, advance payments with periodic reconciliation, re-invoicing at cost) and the corresponding amounts are set out in the listing or in the lease.

In short-term rental, unless the listing states otherwise, ordinary utility consumption during the stay is included in the price. In long-term rental, the meter readings taken at move-in and move-out serve as the basis for the settlement of consumption, under the conditions laid down by the lease and by law.

domilinko takes no part in the calculation, the collection or the allocation of those charges, which are a matter exclusively between the Owner and the Tenant.

The Tenant vacates the property on the agreed date: at the end of the stay in short-term rental, at the end of the lease or of the notice period in long-term rental. A move-out inventory is carried out jointly and compared with the move-in inventory in order to identify any tenant-caused damage, excluding normal wear and tear.

The Tenant returns the property clean and cleared of their personal belongings, together with all the keys, badges and access devices provided at move-in. The return of the keys is logged on the Platform.

In short-term rental, any late vacating not authorised by the Owner may give rise to the late penalties provided for in the listing or in the Fee Schedule, without prejudice to compensation for the loss actually suffered by the Owner, in particular where a subsequent stay is compromised. In long-term rental, remaining in the property beyond the end of the lease, without title or the Owner's agreement, is governed by the mandatory provisions of Belgian law and falls within the jurisdiction of the competent courts.

The Tenant takes care of the property and its equipment. The Tenant reports to the Owner without delay any anomaly, damage, leak, equipment failure or incident occurring during the rental period. The Tenant may not have any works carried out without the prior agreement of the Owner, except in an emergency justified by the safety of persons or the preservation of the property.

The allocation of repairs between the parties — minor repairs and routine upkeep on the one hand, major repairs and those made necessary by ageing, force majeure or a defect of the property on the other — is that laid down in the lease and, failing that or in the event of a conflict, by the mandatory provisions of Belgian law applicable to the lease concerned.

In short-term rental, the maintenance of the property and of its equipment remains the responsibility of the Owner, with the exception of damage attributable to the Tenant or to the occupants they have received.

The Owner ensures the Tenant's peaceful enjoyment of the property. Visits and interventions in the property take place subject to reasonable prior notice and in accordance with the terms agreed between the parties or laid down in the lease.

The Tenant is liable for tenant-caused damage, loss and deterioration occurring during the rental period through their act or that of the persons they have received, unless they prove that it occurred without any fault on their part. Normal wear and tear of the property is not attributable to the Tenant.

In short-term rental, a security deposit may be required in the form of a payment card hold, the amount of which is stated in the listing. It is charged only where damage is observed at the move-out inventory, within the limits and in accordance with the terms applicable to the booking.

In long-term rental, the rental guarantee is constituted outside the Platform, in accordance with Belgian law, in particular in a blocked account opened in the Tenant's name. domilinko does not collect, hold or release any rental guarantee: the Platform retains only its amount, for documentary purposes.

The Owner is responsible for the compliance, healthiness and maintenance of the property, as well as for the accuracy of the information in the listing, including the energy performance class. The Owner warrants that they hold the rights necessary to rent out the property.

domilinko, in its capacity as a technical intermediary, assumes no liability under the rental agreement itself, subject to the mandatory legal obligations incumbent upon it under Belgian law.

In short-term rental, any extension of the stay must be the subject of a request by the Tenant and an express acceptance by the Owner via the Platform, before the expiry of the initial period. The extension gives rise to the invoicing of the corresponding supplement.

In long-term rental, the extension, tacit continuation or renewal of the lease is governed by the lease itself and by the mandatory provisions of Belgian law. It gives rise to no collection of rent by the Platform.

In the absence of an agreement to extend, the Tenant vacates the property at the agreed deadline. Remaining in the property beyond that term without agreement constitutes lateness subject to the provisions of Article 8.

In the event of a serious breach by the Tenant of their obligations, in particular a prohibited use of the property, unauthorised subletting, accommodating undeclared persons, non-payment or damage to the property, the Owner may terminate the rental under the conditions laid down in the agreement and by law, without prejudice to any damages. In long-term rental, termination of the lease is subject to the mandatory conditions, formalities and notice periods of Belgian law.

In the event of a breach by the Owner, in particular the provision of a non-compliant, unhealthy or unavailable property, the Tenant may terminate the rental and request assistance from domilinko; in short-term rental, that assistance may give rise to a refund, in accordance with the applicable terms.

The conditions and any cancellation fees before the start of a short-term stay are governed by the cancellation policy applicable to the booking, in compliance with the consumer's mandatory rights. Submitting a long-term application is free and no intermediation fee may be charged to the Tenant. Any fees owed by the Tenant remunerate only the optional reusable rental-file service that the Tenant freely chooses to take out; they are refunded to the Tenant where that service has not been provided and their terms are communicated before any payment.

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

For any question relating to the rental, both the Owner and the Tenant may contact domilinko by email at info@domilinko.com or by telephone at +32 484 71 17 19.