Last Update: 25.11.2024
TERMS OF USE AND CONDITIONS
1.1. GENERAL RULES
The following terms of use and conditions govern the operation of the Nostus platform as well as the individual agreements concluded through it, that is, the reciprocal agreements for the provision and consideration, concluded either between Nostus and lessors or between Nostus and lessees. The purpose of Nostus is to provide the means, i.e., the platform, to achieve medium-term rental of properties in Greece with a duration of sixty (60) days to twelve (12) months. These terms of use and conditions determine the provisions of Nostus, its responsibility and obligations, any limitations and exceptions to it, always in accordance with the applicable legislation.
Lessors expressly accept the grant of use of their intellectual property rights or any other existing intellectual property rights to the visual, audiovisual and general advertising material created by them and/or by representatives of Nostus, for the registration and promotion of their property on the platform. This grant lasts as long as the relevant posting of the lessor is active. Nostus also reserves the right to process and reproduce such photographs and/or video material at its absolute discretion. In addition, upon the prior consent of the lessor, Nostus may take its own photographs and/or video material of the property for rent. In the event that a third party illegally processes, copies or uses the material without the consent of Nostus, the latter reserves the right to request the cessation of its use and the restoration of any damage to it. This material may be freely posted by Nostus at its discretion on the internet, for the maximum possible promotion of the property. Similarly, Nostus may freely modify as well as delete the material, in whole or in part, without the prior notice and/or approval of the lessor. Nostus, at its absolute discretion and without the need to document the relevant reasons, may restrict access to the platform, disable or cancel property publications, without bearing any liability for compensation and without the obligation to give prior notice to the lessor.
The lessor remains solely responsible for all claims of third parties arising from the violation of intellectual property rights of third parties as to the material that it grants to Nostus, including all legal costs and expenses in general.
As long as these terms and conditions are read and accepted by the user of the platform, whether it is the lessor or the lessee, this implies the unconditional grant of his valid consent and the user of the platform is fully bound by them.
The parties agree and expressly accept that the total or partial assignment of a right or obligation arising from these agreements to a third party is prohibited, without the prior express written consent of Nostus. The user (lessor or lessee) during their initial registration up to and including each entry into the platform and with the confirmation of reading and consent to the terms of use and conditions, declares that they are 18 years of age or older and that they are legally competent. The terms and conditions of use of Nostus are lawful with international and European legal rules, as well as with Greek law, good faith and transactional ethics. The terms of use and conditions may be changed by Nostus in order to keep up with the modern needs of the market and the applicable legislation at any given time. The respective changes will, of course, be published herein and will bind the users of the platform, therefore, frequent visits to the website are recommended for any changes to the terms of use thereof, in order to inform users. If a violation of the terms of use or any illegal, malicious or abusive behaviour on the part of the user of the platform (lessor or lessee) is found, Nostus reserves the right to immediately remove the user from it, cancel the reservation or cancel the reservation request and disable the publication. In this case, any contract and/or agreement between Nostus and the user is automatically terminated and Nostus is not liable for any damage to the latter, nor is it obliged to compensate him/her in any way and/or to refund any money to him/her. However, it retains the right to claim compensation for its positive/depository damage from the culprit.
1.2. GENERAL INFORMATION
Nostus is an online property hosting platform, which are intended for medium-term rental, with a total duration of sixty days to twelve (12) months. In this regard, it is noted that on the platform of Nostus there will be no properties intended for use as the main residence and/or as a professional residence of the lessee, so the minimum rental period does not apply, either of Article 2 para. 1 of Law 1703/1987, or of Presidential Decree 34/1995, as these laws are currently in force.
Nostus is the intermediary between lessors and lessees and the manager of its online platform. Nostus does not provide tourist services, is not the owner or manager of the properties, does not sell or rent them. It is further noted that Nostus is not an online platform through which short-term leases can be concluded, as these are specifically defined, as to their characteristics, by law.
The services provided by Nostus, therefore, are limited exclusively to the operation of the platform and its availability, under the terms hereof, to its users. In particular, on the Nostus platform, the available properties for rent and their characteristics are presented to interested parties, while through it, that is, through the platform, exclusively, the search, the reservation, the payment of the first rent with the corresponding additional charges (e.g. taxes etc.) and commissions to the platform are made.
An advantage in choosing a property through this particular platform is the fact that all the properties hosted on it have been checked by a Nostus representative and therefore all the information provided on the platform for each property is true and verified. For this reason, a prerequisite for the publication of a property on the platform is its prior inspection by a Nostus representative. For any change made by the lessor, he is obliged to immediately inform Nostus and Nostus, if it approves the amendment, makes a relevant publication of this change and then the amendment becomes visible to the user. The platform may host properties that are managed by businesses of various objects, such as, indicatively and not limited to, businesses providing brokerage services, property management, etc. In this case, there are additional settings, which are analyzed in the relevant chapter, while the intervention of a real estate agency in the lease of a property is expressly stated in the information accompanying that property.
1.3. TERMS AND CONCEPTS
Platform = the property hosting platform located at https://nostus.com.
Nostus = the company named NOSTUS I.K.E.
Lessors = natural or legal persons who are the owners of the properties or natural/legal persons who exploit them, including brokers.
Lessees = visitors to the platform who complete the property rental process through the platform.
User of the platform = any natural or legal person who visits the platform.
Lease = the contract on the basis of which the lessor, in return for financial consideration (rent), grants the use of the leased property to the lessee, for the duration agreed between them. It is reiterated that through the platform of Nostus, properties are available for medium-term lease, i.e. a minimum duration of sixty (60) days and a maximum duration of twelve (12) months.
Commission = the agreed remuneration of Nostus for the use of the platform by both the lessor and the lessee.
2.1. PROPERTY REGISTRATION PROCESS BY THE LESSOR
The lessor can register the property he intends to rent for free, i.e. without paying any price to Nostus. During the lessor’s visit to the platform, he will have to create an account for which a username declaration, a declaration of his e-mail address, a contact telephone number and the entry of a password, which is known exclusively by the lessor, are required. After creating the account and registering the property on the platform, the Nostus team will contact the lessor in order to carry out an inspection of the property by a Nostus representative. After the completion of the inspection and the confirmation by Nostus that the property meets the minimum conditions provided for herein, the property is published on the platform and becomes visible to the respective user. Nostus reserves the right to refuse registration on the platform to any user at its sole discretion and without prior notice and/or specific justification.
2.2. PROPERTY INFORMATION
As mentioned above, Nostus checks the properties that are going to be hosted on its platform and therefore the information and characteristics concerning them are verified by it. The platform includes information concerning the location of the property (the exact address is not provided before the reservation is completed, but the area in which the property is located), the type of property (entire space, room in a shared house, etc.), its capacity (in beds), size, specific characteristics (e.g. electrical appliances, heating and cooling system of the space, view, etc.) and availability of the property, the possibility of hosting a pet or companion animals, representative photos of the property, the price per rental period, which is determined exclusively by the lessor, any additional charges, such as, indicatively and not exclusively, charges for common areas, cleaning, payment processing fees, etc. The price of the leased property cannot be changed after the reservation is confirmed. At the same time, all other provisions of the property under lease are listed in detail, which, as already mentioned, are confirmed by Nostus. Minor deviations regarding the size of the property do not give rise to any liability on the part of Nostus and a corresponding claim against it. The lessor declares and accepts that all information provided on the platform for his property is true and up-to-date, while he undertakes to provide any document requested by Nostus in order to verify the details of the property and/or the rights of the lessor to it. In the event that the lessor is not the owner of the property, Nostus reserves the right to contact the owner of the property to confirm the rights of the lessor to it. In the event that a real estate brokerage firm intervenes between Nostus and the lessor, the lessee is mandatorily informed of the brokerage commission, which is determined exclusively by him.
2.3. MINIMUM BENEFITS THAT PROPERTIES TO BE LISTED SHOULD HAVE
To host a property on the platform, it must be fully furnished and include at least:
- one (1) bed,
- one (1) desk,
- one (1) wardrobe,
- air conditioning,
- heating system (especially if the air conditioning of the house is not sufficient),
- fully equipped kitchen,
- oven set with hobs (gas or electric),
- one (1) refrigerator,
- basic household items, i.e. cutlery, glasses, plates, frying pan and pot
- fast internet connection.
3.1. TERMS OF PAYMENT OF LESSORS
Lessors host their properties on the platform for free. When a reservation is made, then **the platform’s charge (fee) for the lessor is as follows: the lessor must pay Nostus 5% of the total value for the duration of the reservation agreed, plus the corresponding VAT, as it will then apply. ** The platform fee is made through the first rent paid to Nostus’ account, which it will give to the lessor for the reservation of the property, minus the above commission and there will be no other commission.
3.2. OBLIGATIONS OF LESSORS
Lessors are obliged to ensure at least the benefits provided for herein. They are also obliged to behave in good faith and in accordance with transactional ethics. They are also obliged to comply with the legislation and regulations and what is provided for in it regarding the safety of the property, such as, for example, to carry out regular checks of the electrical and plumbing installations of the property up to and including any other inspection and maintenance work, so that the property is fully suitable for living. Also, lessors are obliged, before registering their property on the Nostus platform, to have checked whether there is a Management Regulation for the building and/or the housing complex where the property is located and, if so, to confirm that there is no provision that may prohibit the lease of their property under the terms and conditions hereof. Obviously, in the event of the existence of a Regulation, Nostus has the right to request the lessor to provide it with a copy of the Regulation, in order to check the provisions included therein.
3.3. OBLIGATIONS OF LESSEES
Lessees must also operate in good faith and in accordance with transactional ethics. They acknowledge that by renting property in Greece they are obliged to comply with the local legislation to comply with the terms of the lease and the respective Management Regulation of the building, to use the leased property in accordance with the terms of the lease and in general not to create problems and not to disturb the neighbours of the building where the property is located. In addition, they are obliged, both themselves and any others who may derive rights from them, as long as they are in the use of the property, not to take any action, act or omission that is prohibited by law, even if such action or omission on their part is not criminally punishable. They are also obliged to make proper use of the leased property and not to cause damage to it, even through gross negligence. In addition, lessees in the event of damage to the property are obliged to immediately inform the lessor and agree with him on its repair and the burden of the relevant costs, but in no case can they, without prior written notice of the lessee, proceed with the repair of damages and then offset the relevant costs with future rents. The only exception to this rule may exist if the damage that has occurred can create and indeed immediately even greater damage to the property.
By agreeing to these Terms of Use, Nostus reserves the right to conduct checks on users for their identity, details of their permanent residence, etc., by requesting their personal data, such as public identification documents. The use of these documents by Nostus is adequately covered in our privacy policy. If the user is requested to verify the account, profile, booking details or provide personal information, such as the above, the user must comply with the request of Nostus immediately, i.e. within five (5) working days at the latest.
If the user does not provide their true personal details and does not provide public documents to verify them, and/or refuses to complete the necessary procedures, Nostus reserves the right to keep the first rent paid for the relevant reservation, to cancel this reservation and then to pay the lessor the first rent, after deducting the usage commission and the corresponding VAT.
4.1. RESERVATION PROCESS
Each visitor to the platform browses it free of charge to find the most suitable rental property for them. In particular, the visitor of the platform has the possibility to search for a suitable property for rent, by entering the desired start date of the lease, its duration and the desired location of the property in the search engine. However, in order to submit a reservation request, the visitor of the platform must first register on it (as a lessee). Immediately afterwards, Nostus sends a link to the user’s email address to activate their account. After activating his account, the lessee user can submit any booking request. In addition, the lessee-user, after submitting the reservation request, can send a personal message to the lessor-user whose property he is interested in renting. It is noted that the messages exchanged by the users of the platform can be read by its administrators, as this is expressly provided for in the relevant paragraph of these terms of use.
As soon as the user requests the reservation of a specific property, he must provide the platform with the required information, i.e. his full name, basic contact details, details of his identity card or passport, length of stay, nationality, reason for visit, etc. Immediately afterwards, a notification is sent to the lessor, who has the exclusive jurisdiction to accept or reject the request within 48 hours. The lessor may request further information if he deems it necessary and reserves the right not to accept the reservation for any reason. The lessee is informed of the confirmation of the reservation by e-mail. If the reservation is confirmed by the lessor, always in accordance with these terms of use and conditions, then the prospective lessee must also confirm the reservation within 48 hours, by paying the first agreed monthly rent as well as the usage commission of the platform, to a bank account of Nostus, in one of the ways provided for in the secure payment processing system used by the platform. The exact amount of the commission for the use of the Nostus platform will be shown in detail to the lessee at this stage and before the reservation is confirmed by him. The lessee also bears the costs of the banks, if any. There will be no other commission for Nostus beyond the above.
During the above 48-hour period for the payment to be made by the lessee, the leased property appears unavailable for the specific dates for which a reservation request has already been submitted and confirmed. If the lessor cancels the reservation after the initial confirmation and payment of the first rent and additional charges by the lessee, Nostus reserves the right to change the visibility of the listing at its discretion and to impose additional penalties on the lessor or even deactivate his account.
The confirmation of the reservation by the lessor and/or the payment of the first rent, the usage commission of the platform and other charges do not imply the conclusion of any contract between the lessee and the lessor.
4.2. PROCEDURE FOR INSTALLING THE LESSEE IN THE LEASED APARTMENT (MOVE IN).
For the installation of the lessee in the leased apartment (move-in), the lessee must contact the lessor through the platform in order to set the exact time of arrival and delivery (and receipt respectively) of the leased property. As soon as the next day after the move-in has passed and no complaint has been submitted by the lessee, then Nostus recommends the immediate completion of the lease agreement between the lessor and the lessee, in order to safeguard the interests of both parties. Nostus will provide a proposed lease in Greek and legally translated into English, for the convenience of the parties. This lease will be adapted to the needs of the parties and by the parties themselves and is in no way binding on the contracting parties. It is noted in this regard that Nostus has no involvement in the conclusion of the lease and the agreed terms thereof, such as, for example, regarding the method of payment of the remaining rents, the undertaking of payment of utility bills by the lessee, etc., or the observance of the terms by the parties, nor is it of course a contracting party to the lease in question.
4.3. LESSEE PROTECTION POLICY, AFTER INSTALLATION IN THE PROPERTY
Until the end (i.e. until 11.59 p.m.) of the next day from the day of the lessee’s installation in the leased property (move-in), the lessee may declare to Nostus via his e-mail address the existence of any defect or any lack of agreed quality of the leased property.
Examples of reasons for complaint include:
- a) the delivery of the wrong accommodation (different accommodation from the one for which the reservation was made), b) significant damage to the property (e.g. damage from flooding or fire, and not simple wear and tear on the property, which occurs from the normal use of the leased property), c) non-functional or incomplete provisions / lack of basic equipment (such as a bed, wardrobe, desk, kitchen, refrigerator, etc.) that are listed as provisions of the property on the platform, d) property location that differs significantly from the location published on the platform, e) absence of HVAC systems (heating, air conditioning), f) differences in the amounts of money listed on the platform compared to the amounts requested by the lessor and/or broker, etc.
The reasons for which the lessee may complain and the following procedure is to be followed are checked exclusively by Nostus, in order to avoid any fraudulent practices.
In case of cancellation of the reservation for an unjustified reason, it will be considered that the lessee unjustifiably cancelled his reservation after the move-in and the provisions of those cancellation policy settings will apply, which concern the cancellation that takes place by the lessee, up to 29 days before the agreed date of his installation in the leased property (move-in).
Immediately after the lessee’s complaint about a defect or defect in the leased property, Nostus sets a reasonable deadline for the lessor to remedy the problem. If the problem is remedied, the process proceeds as described above.
During the deadline for resolving the problem, Nostus will not pay the first rent to the lessor (after deducting the commission for the use of the platform and VAT) until the problem with the property is resolved.
If the lessor does not resolve the problem within the time limit set, Nostus reserves the right to withhold part of the first rent to be paid to the lessor and paid as compensation to the lessee. This will apply if the defect or defect of the property prevents the lessee from staying in it until it is repaired.
The daily compensation is set at the amount corresponding to 1/30 of the monthly rent for the specific property. The maximum compensation is set at an amount equal to the first monthly rent paid to Nostus.
If the problem is not resolved, Nostus will seek to find another rental property for the lessee. If another property is found, the first rent already paid by the lessee is offset against the new rent. If the rent for the new property is higher than the previous one, then the lessee will pay the difference to Nostus’ account. If the new rent is lower, Nostus will refund the difference to the lessee.
If the problem of the leased property is not resolved and Nostus is unable to provide the lessee with another accommodation that is to his liking, then, on the one hand, Nostus returns the rent to the lessee and the usage commission and, on the other hand, sets a new deadline for the lessor of the defective leased property to resolve the problem. If the second deadline also passes without action, Nostus has the right to remove the property from the platform.
4.4. CANCELLATION AND REFUND POLICY
As long as the 48-hour deadline for confirmation of the reservation by the lessor is pending, the lessee may freely cancel the reservation without any financial burden whatsoever.
If the 48-hour payment period expires without the lessee paying the agreed amounts, the reservation is automatically cancelled.
After payment by the lessee, the reservation cannot be cancelled by the lessee through the platform, but the lessee will have to contact Nostus.
CANCELLATION UP TO 60 DAYS BEFORE MOVE-IN
If such cancellation takes place by the lessee after the initial payment of the agreed charges, but at least 60 days before the agreed move-in date, then 100% of the first rent and 75% of the agreed Nostus fee will be refunded to the lessee. In this case, the lessor is not entitled to collect any amount.
CANCELLATION BETWEEN THE 59TH AND 30TH DAY BEFORE MOVE-IN
If the cancellation takes place by the lessee after the initial payment of the agreed charges and between the 30th and 59th day from the agreed move-in date, then 50% of the first rent and 50% of the agreed Nostus fee will be refunded to the lessee. In this case, the lessor will receive as reasonable compensation 50% of the first agreed monthly rent.
CANCELLATION WITHIN 29 DAYS BEFORE THE MOVE-IN DATE
If the cancellation takes place by the lessee after the initial payment of the agreed charges and within 29 days before the agreed move-in date, then no refund will be made to the lessee, while the lessor will be paid as reasonable compensation the entire amount of the first monthly rent. In this case, it is expressly agreed that the provision of services by Nostus has been fully provided and the lessee no longer has the right of withdrawal.
4.5. CANCELLATION OF BOOKING IN CASE OF FORCE MAJEURE
This section regulates how booking cancellations are handled in case of force majeure. Nostus reserves the right to cancel the reservation at any time when the lessee’s stay at the property is impossible for reasons of force majeure. Force majeure events are defined, indicatively and not limited to, as reasons that are due to unforeseen events that cannot be dealt with immediately, such as natural disasters, fires, unforeseen weather conditions that cause serious damage to the property, emergency situations such as war and/or pandemics or the death of the owner. The latter case is governed by the provisions of the Greek Civil Code. Both the lessor and the lessee, if affected by an unforeseen force majeure event, may cancel their reservation and, depending on the circumstances, the lessee may receive a refund of the money paid up to that point. The extent of the money they will get back in this case, up to and including any refusal by Nostus to refund them, is at Nostus’ sole discretion.
4.6. TERMINATION OF AGREEMENT BETWEEN NOSTUS AND LESSOR.
The service agreement between Nostus and the lessor is automatically terminated as soon as the first rent is paid to the lessor, after deducting the aforementioned commission and the corresponding VAT. It is noted that the collection of the commission from the lessor by Nostus will take place immediately after the proper installation of the lessee in the leased property (move-in) and in any case no later than five (5) working days from it.
Nostus bears no responsibility for any damage to the leased property, injuries, loss of belongings or outstanding bills from the lessee, nor will it act as a mediator for any dispute that may arise in the future. To ensure compensation in case of damage caused due to misuse of the leased property, it is recommended that a security deposit be paid by the lessee to the lessor.
Within the above deadline, i.e. within five (5) working days from the date of the move-in, the first rent is transferred by bank transfer to an account indicated by the lessor, after, as already mentioned, the aforementioned agreed commission for the use of the platform plus VAT, as mentioned above, has been deducted.
Therefore, with the exception of the first rent, the lessor is solely responsible for collecting the rents until the end of the lease and Nostus bears no responsibility or competence for any dispute arising from the lease of the property.
Finally, it is clarified that in the event that the lease is terminated before its initially agreed duration, Nostus does not refund part of the commission to the lessor.
4.7. TERMINATION OF AGREEMENT BETWEEN NOSTUS AND LESSEE
The service agreement between Nostus and the lessee is also automatically terminated after the next day from the move-in, provided that the lessee does not make any complaint about a defect in the accommodation.
If the lessee submits complaints for the reasons provided for above, then the contract between Nostus and the lessee is automatically terminated, as the case may be, either as soon as the defects are remedied and the lessee’s installation in the leased property becomes consistent with the latter’s qualities, as they appear from the relevant posting on the platform, or as soon as a new suitable accommodation is found, without defects, or, if this is not possible, with the refund of the first rent and the commission.
Finally, it is clarified that in the event that the lease is terminated before its initially agreed duration, Nostus does not refund part of the commission to the lessee.
5.1. PROPERTY PROTECTION AND PAYMENT OF GUARANTEE
Owners may specify an amount as a guarantee for the security of the property, which will be paid to the lessor himself upon check-in and Nostus has no involvement in the payment of this, nor in the refund of this. The existence of a guarantee, as well as its amount, are mentioned in the information of the property. Both parties are recommended to take photographic material upon delivery and receipt of the property in order to prove the actual condition of the property at that time in order to safeguard the interests and rights of both parties. It is also recommended to keep a detailed record of the equipment and in general of the objects found inside the property, in order to safeguard the rights of the parties.
5.2. PAYMENT METHODS
The payment method is Stripe and the accounts of Nostus to which the amounts of money corresponding to the platform usage fees, plus VAT, will be paid, belong to the banking institutions named “Revolut Bank UAB” and “PIRAEUS BANK S.A.”.
Nostus bears no responsibility for the personal data required and transmitted by the payment provider or by anonymous banking companies to verify the actual data of the contracting parties.
5.3. INVOICES AND SERVICE RECEIPTS
After the payment of the commission to Nostus, the latter sends within a reasonable time the invoice or the receipt of service provision to both the lessor and the lessee, in which the provision, its net value, the corresponding VAT and any other charges and/or payment details (e.g. any withholding taxes, etc.) are described in detail.
5.4. CONSENT TO REVIEW MESSAGES EXCHANGED BETWEEN PLATFORM USERS.
Registered users of the platform (lessors and lessees) expressly accept that Nostus may, at its absolute discretion, access all messages they have exchanged with any other user of the platform, even if they are no longer active. This access is intended to improve the experience of each user of the platform, to resolve any disputes that may arise, either between users, or between the user and the platform, but is also justified, among other things, as to Nostus’ control of the lawful and proper use of the platform by users in accordance with these terms.
5.5. CONFIDENTIALITY CLAUSE
Lessors and lessees are obliged and bound by this Agreement by a confidentiality clause, i.e. they are obliged to treat all the above information and details of Nostus as confidential and not to use them for their own benefit, nor to disclose them to any third party, except for their specialized and individual employees and only to the extent necessary for the fulfillment of their obligations.
5.6. APPLICABLE LAW – COMPETENT COURTS
Any disputes that may arise from the execution and interpretation of the service agreement between Nostus and the user of the platform, whether it is the lessor, the lessee, or a simple visitor, it is expressly agreed that the competent courts are those of Thessaloniki. The applicable law for any dispute that may arise from any transaction and/or provision of services between Nostus and the respective lessor and/or lessee is expressly agreed to be Greek law. As already mentioned, Nostus reserves the right to change the above terms of use -all of which are agreed to be essential- at its absolute discretion, the respective changes will therefore apply from their publication on the platform’s website and will automatically bind its users, without any further condition. Any claim by a user of the website that a term other than those posted on the platform’s website applies and/or is in force must be proven by document, with the express exclusion of any other means of proof.