The terms of service
1. Contract
1.1. Scope of application of the Agreement, Parties to the Agreement and Resident
These terms of agreement are applied between Majoituspalvelu Forenom Oy and the Customer when the Customer makes a reservation for accommodations from Forenom and when Forenom provides these services for the Customer. The Parties to the Contract are the Customer and Majoituspalvelu Forenom Oy (hereinafter, Forenom), who have come to agreement regarding the provision of accommodations services. The Resident is either the Customer specified in this Contract or a natural person within the Customer's circle of interest or such natural person otherwise specified by the Customer who has the right to utilize the Accommodations governed by Forenom and the extra services ordered by the Customer in accordance with the Accommodations Agreement and its general terms and conditions.
1.2. Customer's responsibility and the disclosure obligation concerning the contents of the Accommodations Agreement
Even if Customer does not personally use the accommodations services or lodging in the reserved accommodation location, the Customer is nonetheless responsible for all contractual obligations. Thus, the Customer is also responsible for making sure that the Resident is aware of all of the terms and obligations concerning the use of the accommodation location. Ultimately, the person who has signed the Accommodations Agreement is responsible for all contractual obligations.
1.3. The creation of the Agreement and its term
This Agreement can be made either in writing or orally. Once Forenom has confirmed the Customer’s reservation, the reservation is binding on both Forenom and the Customer. As a precondition to the reservation being binding, Forenom may request a reservation or advance payment, or the signing of the Accommodations Agreement.
The Accommodations Agreement is valid indefinitely or for a fixed period of time. An indefinite Agreement is valid until one of the Parties to the Agreement cancels it, but the minimum charge is always twice (2) the amount of the selected notice period. The term of notice is either 7, 14 or 30 days, one (1) calendar month or two (2) calendar months. Forenom can only terminate the Contract upon justified cause. The Accommodations Agreement is officially terminated once all the contractual obligations have been performed and all of the keys to the accommodations have been turned in or are otherwise returned to Forenom's custody. (see exception for official prohibition; Section 5.6)
1.4. Terms of cancellation
In Forenom cannot provide the Customer with accommodations due to force majeure defined in in Section 5.5, Forenom can unilaterally cancel the reservation. The customer must be informed of the cancellation as soon as possible and all collected payments must be immediately returned to the Customer. The cancellation is binding once the Customer has been notified either by telephone or in writing (letter, email or telefax).
If the Customer cancels the Agreement, the following table will be used to determine the compensation that the client will pay to Forenom. The table indicate the percent of total booking value or the amount in euros, which the customer must pay Forenom for the contract cancellation.
Cancellation Policy
Price if cancelled earlier than 30 days 14 days 14d days - 48 hours 48 - 0 hrs At the time of service
Indefinite agreement 100€ 200€ ---------------------- price of termination ---------------------
Fixed term agreement 10% 25% 45% 55% 90% of remaining charges
Fixed term & cancellation security 4% 10% 20% 30% 60% of remaining charges
It is mentioned for clarification that a) a contract of indefinite duration can no longer be cancelled within 14 days before the service starts, but is terminated, and b) fixed-term contract cannot be cancelled once the service has begun, but after that the Agreement is terminated when the client has paid the termination compensation listed in the above mentioned table.
In addition, it is mentioned for clarification that the above mentioned cancellation conditions do not apply to accommodation products in which the cancellation terms and conditions are limited. If the customer cancels the reservation later time than that mentioned above or the accommodation services are not used, Forenom has the right to charge the client the full price of the reservation. The cancellation fee is not subject to VAT.
2. Payments
2.1. Responsibility for paying the accommodations services charges
Once a binding agreement has been reached, the Customer is responsible for paying the fees in the Accommodations Agreement on the due date according to the payment terms.
If a third party has been appointed as the one responsible for the payments determined in the Accommodations Agreement but these payment are not paid, the Customer is responsible for payment of the fees. Ultimately, the person who has signed the Accommodations Agreement is responsible for all payments.
2.2. Security
Forenom charges a reservation fee when making the reservation, which also functions as security. No interest is paid on the security.
The security is refunded in full once all of the payment obligations have been performed; damage corrected; final cleaning performed; and
the keys turned in. Forenom has the right to use the security either in part or in full to perform payment obligations, to repair potential damages done to the apartment, to clean and empty the apartment, and for office expenses.
2.3. Delayed payments
Forenom has the right to collect a 16% interest rate for delay for delayed payments, however, in accordance with the interest law when concerning consumers, the default interest rate is charged starting from the due date, and Forenom can also collect a EUR 5 handling fee for sending a late payment reminder. In addition, Forenom has the right to collect the reasonable expenses caused by the collection of late payments. Forenom first deducts the interest for delay and other expenses from the paid payments; thus, the amount that consists of the accommodations and the extra services will not be paid until the expenses have been paid.
If the interest for the delay is not paid, it will be taken from the security. If the Customer has not paid payments due, despite reminders, other payments that are not yet due under the Accommodations Agreement will become immediately due for payment.
2.4. Changes in prices
After an agreement has been reached, Forenom has the right to raise the price of the accommodations services based on the following:
a. Changes in legislation and official regulations that affect the price of the accommodations
b. General changes in accommodation expenses
The Customer will be informed of these changes in writing and the new prices will become effective from the first day of the calendar month following the notification. Unless proven otherwise, the Customer is considered to have been informed 7 days from the date that the notification was sent by Forenom.
3. Accommodation terms and conditions
3.1. Period of accommodation
The reserved accommodations are available to the Resident at the latest by 5 p.m. on the first day of the accommodation, unless otherwise agreed.
If a certain period of accommodation is agreed upon when the reservation is made, the accommodations will end on the agreed date. Otherwise the accommodations will end on the last day of the term of notice. All keys to the accommodations must be returned to Forenom's office on the last day of the accommodation period at the latest by 11 a.m.
3.2. Relocating the Resident
If in an exceptional case Forenom cannot provide the Customer with the reserved accommodation for the whole accommodation period , or if the use of replacement accommodations is necessary for other important reasons, Forenom has the right to relocate the Resident to corresponding accommodations without additional expense to the Customer. Forenom will inform the Customer of replacement accommodations in writing 5 days before the relocation.
3.3. The Resident's disclosure obligation
When the Resident receives the keys to the accommodations, the Resident must provide the correct and legally required travel information or such personal information otherwise required by Forenom for its operations, unless this information has been provided earlier. The Resident must, upon request, be able to prove his/her identity.
3.4. Obligations concerning the use of the accommodations
The Resident may use the accommodations for normal living and sleeping. The accommodation location or parts of it cannot be transferred for the use of a third person unless agreed upon with Forenom.
a. The Resident must treat the accommodation location and its movable property and equipment with special care, and use the accommodation, its movable property and equipment only for the normal purposes for which they are intended.
The Resident has the obligation to ensure that:
- The apartment and common area remain comfortable
- Waste is taken to a receptacle on time
- Lights, electrical equipment, water faucets and connections are turned off when leaving the apartment or when the Resident is sleeping
- Doors are locked and the windows shut each time the Resident leaves the apartment
- Keys and potential door codes are not accessed by outsiders or lost
- No alterations are made in the location
b. Causing any kind of disturbance is forbidden in the accommodations, and the Resident must not disturb other residents nearby with his/her behavior. During the period of accommodation, regulations, provided guidelines, official publications and organizational rules must be followed at the accommodation location. The rules of accommodation can be seen at Forenom's offices and home page, or one can request them from Forenom's customer service.
c. Smoking, intoxicants and criminal activity are forbidden in the locations or anywhere else on the accommodation premises.
d. It is forbidden to make copies of the keys.
e. Pets are not allowed in the apartment without Forenom's permission.
If the Resident has seriously or repeatedly violated these rules, Forenom will consider the Accommodations Agreement breached and the Resident can be removed from the accommodation immediately. In such case, the Resident does not have the right to require a refund, compensation or price discount.
3.5. The Customer's personal belongings
Forenom is not responsible for the personal belongings that the Resident has left in the apartment or in common areas.
3.6. Forenom's right to access the accommodation location
In order to inspect the condition and maintenance of the accommodation location, the Resident must allow without delay Forenom's representative to visit the location. If necessary, the Forenom representative has the right to inspect the accommodations and access the location for marketing purposes without the Resident's permission. If the Customer has ordered services from Forenom that require visiting the accommodation, the Resident will not be informed of the visits in advance.
3.7. Notifications concerning customer service
During the validity of the accommodations agreement, Forenom may send the Customer and the Resident e-mail or SMS notifications concerning customer service that, for example, serve as reminders of contractual deadlines.
3.8. The condition of the accommodations at the end of the accommodation period
When the term of the Accommodations Agreement ends, the location must be returned to Forenom carefully cleaned and emptied of the Resident's personal belongings, unless otherwise agreed upon with Forenom.
Forenom has the right to empty and clean the location and store the Resident's belongings in case the Resident has not returned the
apartment at the end of the accommodation period, or the handover could not otherwise be reasonably arranged.
4. Customer liability
4.1. Compensation for damage, harm or disturbance
The Customer is obligated to compensate Forenom in full for the damage, harm or disturbance to the accommodations, its equipment or movable property, other areas in the Resident's use, or to a third party or its property caused by the Customer him/herself, a person staying in the location with the Customer's permission, or by a person visiting the location, whether on purpose, through negligence or by other careless actions. In addition, lost property and expenses for cleaning areas that have been used by the Resident and have become exceptionally dirty must be compensated. In addition, the Customer is liable to pay indemnity for damages and harm caused by pets.
Liability limitation
The Customer can limit his/her liability by setting a maximum for the liability. The Customer can lower his/her liability by paying a separate fee; however, this fee does not cover damages caused by the following or similar reasons:
- Damages done to third parties or their property
- Lost property
Full liability for damages
The customer is liable to compensate Forenom in full if the damage, harm or disturbance is caused on purpose or by gross negligence, or the Resident has otherwise essentially neglected the obligations connected to the use of the accommodations.
Discharge from liability
The Customer is discharged from liability if Forenom is fully compensated by the person responsible for the damage.
Reporting damage
The Customer must inform Forenom without delay of the damage done to the accommodation locations. The notification must be given immediately both to the housing's maintenance service and to Forenom if repairs must be done immediately in order to prevent the damage from spreading. A customer who neglects their obligation to report is responsible for damages caused by his/her negligence.
4.2. Expenses caused by losing or late handover of keys
If all of the keys to the accommodations have not been returned by 11 am on the last day of the accommodation period, and it has not been agreed otherwise, Forenom has the right to collect a EUR 400 penalty fee for the delayed handover of the keys by the Customer. Customers can order from Forenom a key pick-up service for a fee, in which case it is sufficient that all the keys are handed over to the courier on the return date by 11 am.
4.3. Expenses caused by final cleaning
If the apartment is not in a similar condition at the end of the accommodations period as it was at the beginning, and the Customer has not agreed on final cleaning, Forenom will collect from the Customer the expenses caused by the final cleaning using an express cleaning extra fee according to the pricelist. The Customer is also charged according to the pricelist for emptying personal belongings from the accommodations and for storing the property.
4.4. Billing for damages and expenses
The Customer approves that damages and expenses are charged using the billing information provided to Forenom. Thus, the terms and conditions stipulated in Sections 2.1., 2.2. and 2.3 will become effective.
5. Forenom's liability
5.1. Performance of the service
Forenom is obligated to ensure that the reserved location is available for the Resident during the period determined in the Agreement. Forenom will provide the Customer with the equipment and extra services they have ordered as agreed. If the Resident does not use the ordered extra services, the Customer is not entitled to receive refunds for them.
Forenom is responsible for the location at the beginning of the accommodations period being in such condition that the Customer can reasonably expect considering the age of the location, the area's apartment base, Forenom's description of the apartment, and other local circumstances, unless it is agreed that the apartment is in a condition other than the one to be expected. The locations are classified into four quality classes according to their condition; the location's equipment and condition affect its classification. For example, one-star locations may have significant material surface damages.
Forenom is responsible for the normal wear and tear of the location and its equipment, the functionality of the service and their expenses.
5.2. Delivering replacement commodities
If in exceptional cases Forenom cannot provide the Customer with the reserved accommodations or if using replacement accommodations is necessary for other important reasons, Forenom has the right to relocate the Resident to corresponding accommodations without additional charge to the Customer.
5.3. Error notifications and repairing the errors
Notifications and complaints about the location's movable property, equipment or condition must be made immediately on the date of arrival, after which Forenom can correct the error. The errors are repaired on a schedule determined by the service table, which can be found at Forenom's webpage. Forenom is not obliged to compensate the Customer for errors reported after the fact.
5.4. Indemnity and limitations of liability
If the handover of the accommodation location's right of access is delayed or the quality of the accommodations is lowered significantly due to a mistake made by Forenom, and the mistake or delay is not repaired in time, the Customer is entitled to receive compensation or at the most be refunded in full for the amount he/she has paid Forenom. Forenom is not responsible for indirect or consequential damages, nor is the Customer entitled to receive indemnity if Forenom can prove that the error or delay was caused by force majeure as set forth in Section 5.5 or Section 5.6 concerning official requests and prohibitions.
5.5. Force majeure
Force majeure consists of, among other conditions, water damage, accident, fire, strike, natural disaster, interruption in energy distribution, power outage, water and sewer problems, heating problems, interruptions in internet connections, third party maintenance, repair and other work. Force majeure affecting one of Forenom's partners is also considered a basis for discharging Forenom from liability.
5.6 Official requests and prohibitions
If Forenom does not provide the Customer with the already agreed upon accommodation or unilaterally breaks the Accommodation Agreement due to an express request or prohibition from an official authority, Forenom is entitled to charge the Customer a reasonable
cancellation fee in the sum of at least EUR 250 to cover administrative costs.
6. Terminations the accommodation agreement
6.1. Forenom's right of termination
If it becomes apparent that Customer or the Resident has materially violated this Agreement, Forenom has the right to cancel the Accommodations Agreement during the accommodation period. The Agreement will end immediately after the notification of the cancellation has been given, or later in the case when Forenom has expressed a later date. After cancellation, this Agreement maintains its significance to calculate the basis for compensation.
Forenom has the right to cancel the Agreement immediately based on, among others, the following reasons:
- Unpaid payments
- The Customer or a third party committed to pay the expenses caused by the accommodations service is declared bankrupt, or is otherwise found unable to fulfill its contractual obligations, or the Customer or the third party's financial status has materially weakened, unless the Customer pays an advance payment or additional security as determined by Forenom. No interest is paid on the advance payment or the additional security.
- Transferring the location's right of use to a third party without Forenom's permission.
- Causing disturbance.
- Damaging the accommodation location or other areas at Resident's disposal.
- Neglecting to abide by the rules set by the housing company or authorities.
- The engagement of criminal activity in the accommodation location.
6.2. The Customer's right of cancellation
The Customer can cancel the Accommodations Agreement if Forenom has failed to correct a mistake or delay in time, and the violation is material.
7. Partial invalidity or nullity of this agreement
If a part of this Agreement is or becomes invalid or nullified due to changes in legislation, official regulations or other reasons, the Areement remains valid in its other parts.
8. Applicable law and settling of disputes
Finnish law shall govern disputes. Disputes arising from the terms of this Agreement or from complying with this Agreement are to be settled in the Helsinki District Court or in the lower court of the Customer’s home town. The Customer can also allow the Consumer Complaints Board to settle the dispute.