Terms & Conditions
“Colochousing.com” is a platform available online on the website www.colochousing.com and/or through an application (“Platform”) operated by Coloc.io Management BV, company under Belgian law, with its registered office at 47, Boulevard Saint-Michel, 1040 Etterbeek and listed in the Crossroad Bank for Companies (Kruispuntbank voor ondernemingen / Banque-Carrefour des entreprises) under company number BE 0773.923.507, and with bank account number BE85 7370 5692 5606, hereafter referred to as (“Coloc Housing”, “Us” or “We”).
Coloc Housing is approved as a real estate agent in Belgium under the IPI number 512 838. 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.
- “Accommodation” means the private furnished rooms in the Premise published by Coloc Housing on the Platform;
- “Assignment Agreement” means an agreement signed by a Coloc moving out of an Accommodation and a new Coloc replacing the Coloc moving out, whereby the initial Tenancy Agreement signed by the Landlord and the Coloc moving out will be assigned to the replacing Coloc who accepts all obligations under the Tenancy Agreement vis-à-vis the Landlord;
- “Coloc” means any natural person who is part of or wishes to become part of a coliving listed on the Platform by renting an Accommodation;
- “Force Majeure” means any event outside the reasonable control of a party that could not be foreseen and cannot be reasonably remediated such as, but without being exhaustive, natural disasters, pandemic, IT failure, internet outage, war, riot, civil disturbance or acts of terrorism, government or judicial orders;
- “House Manager(s)” means the tenant(s) that represent the group of tenants.
- “Landlord” means any natural or legal person who owns the Premises and uses Coloc Housing as an intermediary to provide Accommodation on the Platform;
- “Premise” means the entire Coliving space (entire house), including Accommodation and common area’s to be used by all Colocs in the Premise;
- “Rental Date” means the date upon which the Accommodation is free and the Coloc can in principle move in;
- “Coliving pact” (also known as “Pacte de Colocation”) means a charter per Premise setting out house rules applicable to that Premise and signed by all Colocs renting an Accommodation in the given Premise
- “Tenancy Agreement” means the tenancy agreement signed by the Landlord (as lessor) and the Coloc (as lessee). Coloc Housing acts merely as representant of the Landlord in the Tenancy Agreement;
2. Scope and acceptance of terms
The Terms apply to the use of the Platform and Services (as defined below).
The Terms & Conditions do not apply to Premises that are managed by the Landlord themselves, which is indicated on the Platform (“Owner Houses”). In case a Coloc is interested to rent an Accommodation in an Owner House, the Coloc will interact immediately with the Landlord who is responsible for all aspects related to the rental such as, without being exhaustive, the application, the contract signing process, onboarding process, management of the Owner House and cancellation policy. It is possible that the Landlord of an Owner House opts to facilitate some of these aspects through the Platform and/or other modules Coloc Housing offers in that regard. In such event this is under the Landlord’s responsibility. To the extent permitted by law, Coloc Housing does not accept any liability vis-à-vis the Coloc for Owner Houses.
By accessing the Platform, registering (creating an Account) and/or using the Services in any other way, the Coloc acknowledges that she/he has read and understood the Terms and agrees to be bound by them and all applicable laws and regulations.
Coloc Housing reserves the right to modify the Terms at any time without specific notice on the Platform. The adjustments will apply as of their publication. Colocs that have created an account on the Platform will be informed of such changes to the Terms by notification or email.
Coloc Housing provides an online Platform on which it lists - on behalf of the Landlords -available rooms for rent to Colocs looking for an Accommodation in a house that is used for coliving (Premise) and through which rental transactions (Tenancy Agreements) between Colocs and Landlords are facilitated. The Platform moreover allows Colocs that have signed a Tenancy Agreement to better organise their household and for Landlords to follow up on their property and rental revenues.
Coloc Housing does not own the Premise/Accommodation it offers on the Platform. It intervenes solely as an intermediary between the Coloc and the Landlord within the framework of the property management mandate entrusted to it by the Landlord.
The Coloc understands and agrees that:
- the Platform merely enables Colocs and Landlords to connect and sign Tenancy Agreements; Coloc Housing merely operates the Platform as intermediary and is not itself in its own name and/or for its own account, a party to any Tenancy Agreement and disclaims all liability arising from or related to any such transactions to the fullest extent permitted by law;
- Coloc Housing will facilitate, as intermediary, the application process, onboarding and the move-in of the Coloc and hand over the key, badge or access code to the Accommodation;
- Coloc Housing has the mandate to follow up on Accommodation management (e.g. any repair works which have to be done in the house).
All of these services are referred to as "Services".
4. Functioning of and access to the Platform
4.1. Platform provided ‘as is’
The Platform is provided by Coloc Housing to the Coloc “as is”. Coloc Housing will endeavour to maximise the availability of the Platform but cannot, however, guarantee it will be continuously and uninterruptedly available. Coloc Housing does not guarantee that the Platform will function without interruption, be error-free or suitable for any specific purpose, nor that the information provided will be complete, or that all errors or other problems will be corrected or mitigated in updates or other alterations of the software. To the extent permitted by law, Coloc Housing accepts no liability in this respect.
Coloc Housing attaches the utmost care to uploading information that is true and correct regarding the available Accommodations and their characteristics, as well as photos illustrating such Accommodations.
The content of the Platform is for general information purposes only and is, unless required by law, not binding. Coloc Housing undertakes its best efforts to ensure that the description and photos of the Accommodation correspond with reality, but does not guarantee or insure, neither implicitly nor explicitly, that the content of the Platform is true, accurate, complete or up to date (it can occur that certain aspects of the Accommodation might change due to for example wear and tear and/or replacement by the Landlord, without Coloc Housing being informed thereof). The Coloc shall seek professional or specialised advice and is highly recommended to book a real life visit before undertaking any action or refrain from taking any action based on the content of the Platform. To the extent permitted by law, Coloc Housing cannot be held liable for any damage incurred because of the use or the reliance on the content of the Platform.
4.2. Creating an account
The Platform is freely accessible. However, to apply for a real life visit and ultimately book an Accommodation, the Coloc is required to register itself and create an account (“Account”). The Coloc must be at least eighteen (18) years old and be entitled in their jurisdiction to enter into legally binding agreements in order to create an Account on the Platform. The Coloc must provide correct, accurate identification, contact and other information that may be required as part of the registration process and/or continued use of the Services.
By registering, the Coloc represents and warrants that they fulfil the conditions for creating an Account as set out in these Terms; and b) the registration data provided is accurate, up-to-date and complete.
Coloc Housing reserves the right to refuse the creation of an Account, to temporarily suspend it or delete the Account in the event the Coloc does not fulfil the abovementioned conditions, the Account is used fraudulent or there are serious suspicions thereto, without any compensation being due by Coloc Housing.
In order to create an Account, the Coloc is invited to provide the following data:
- Last name, first name and contact information;
- Username and password;
- E-mail address;
- Whatsapp number;
Once the Account is created, the Coloc will receive an email containing a link to download the Terms from the website.
The Coloc acknowledges the strictly personal and confidential nature of their password. The Coloc is solely responsible for the confidentiality and use of their username and password and other information related to the security of their account. Therefore, Coloc Housing cannot be held responsible for any loss, damage, fraudulent access or use related to an account.
Coloc Housing reserves the right to delete an Account at any time, without notice, without any compensation being due by Coloc Housing if the account is no longer used during one (1) year and when there is no active tenancy agreement.
4.3. Use of the Platform
The Coloc may not input, upload, post, transmit or otherwise distribute via our Platform any information and/or material:
- that is obscene, defamatory, libelous, slanderous, that violates any person’s rights of privacy, publicity or personality, or that otherwise causes or results in any tort, injury, damage or harm to any person;
- in violation of any local, national, European or international legislation, including but not limited, those related to copyright, trademark, obscenity, processing of personal data and information security (know-how and trade secrets);
- subject to any intellectual property rights, such as but not limited to copyright, on which you do not have all rights or, in the event owned by a third party, you do not have the express written consent of the intellectual property rights’ holder;
- introducing any type of viruses that can cause harm to our IT infrastructure.
The Coloc warrants and guarantees that the information and/or materials uploaded on the Platform comply with these Terms. The Coloc shall indemnify and hold Coloc Housing harmless against any and all claims, damages, losses, liabilities, costs and expenses (including, without limitation, legal expenses and settlement costs) resulting from their use of the Platform in violation of these Terms.
Any information and/or materials that is uploaded to our Platform will be considered non-confidential and non-proprietary. The Coloc retains the intellectual property rights vested in the information and/or materials, but is hereby granting Coloc Housing, who accepts, a non-exclusive, royalty free license for an indefinite period of time and valid for the entire world to use, store and copy that information and/or materials and to distribute and make it available to third parties.
Coloc Housing reserves the right to remove, at our discretion, any information and/or materials uploaded by the Coloc on our Platform when these Terms are violated or there are severe suspicions thereto.
Coloc Housing reserves the right to remove, at our discretion, any information and/or materials uploaded by the Coloc on our Platform when these Term.
4.4. Deletion of the Account
The Coloc can at any time delete their Account on the Platform or by sending Coloc Housing an e-mail with the request to delete the Account or by deleting the account through their Dashboard. The Coloc is aware that an Account might be needed to enjoy the Services and that Coloc Housing cannot be held responsible for not complying with these Terms in such event.
5. Booking Procedure
5.1. Selection and Visit of Desired Accommodation
After the creation of an Account, the Coloc can select its desired Accommodation on the Platform and apply for a visit by completing an application form (“Application Form”).
Upon applying for the Accommodation, the Coloc is invited to provide the following data:
- Job Title;
- An Introduction Letter.
In the context of the Application Form, the Coloc shall be requested to provide Coloc Housing with sufficient proof of funds to rent the Accommodation. To set up a Premise visit, the Coloc is added to the Premise chatgroup to digitally meet the current Colocs living in the Premise(s) in which the Coloc desires to rent an Accommodation. Coloc Housing is part of this chatgroup but shall, in principle, not intervene and cannot be held to do so. In case it is requested by a Coloc or in case the conversation goes against these Terms & Conditions, Coloc Housing can determine, at its own discretion, to intervene in the conversation.
After the Premise visit, the current Colocs in the Premise shall express their opinion, via a voting system on the Platform, regarding the Coloc desiring to rent the Accommodation.
The voting system works as follows:
- If the vote takes place in the period up until two (2) weeks prior to the Rental Date, a candidate Coloc will only be accepted by the current Colocs through an absolute majority (i.e., 50% of the votes + 1 whereby abstinent votes are counted in favor of the candidate Coloc);
- If the voting takes place during the two (2) weeks prior to the Rental Date, a candidate Coloc will be accepted by a simple majority (i.e., 50% of the votes + 1 whereby the abstinent votes are not counted).
The candidate Coloc shall be informed of the acceptance or refusal through their Account and via e-mail. In case of acceptance by the current Colocs, the candidate Coloc can still refuse to accept (e.g. because they have accepted another Accommodation meanwhile).
5.2. Tenancy Agreement
If (i) the Coloc desires to rent the Accommodation, (ii) the financial situation of the Coloc is approved by the Landlord (through Coloc Housing), and (iii) the other Colocs in the Premise accepted the candidate Coloc through the Platform voting system as outlined above, the Coloc is presented the following documents:
- the Tenancy Agreement with the Landlord;
- the Coliving pact.
An Accommodation can never be rented for less than two (2) months. The Coloc is free to choose the initial duration of the rent, as long as it does not exceed the period of the rental agreement of a specific Accommodation. Rental agreements are usually up to nine (9) years.
Coloc Housing reserves the right to refuse an application if required by compelling circumstances, for example if the Accommodation is not (/no longer) available or if the data provided by the Coloc is incomplete or incorrect. Coloc Housing will contact the Coloc personally in case of refusal to specify the reason for the refusal.
In case of refusal, there will be no contract between the Coloc and the Landlord. Neither Coloc Housing nor the Landlord can be held liable for any compensation whatsoever in this regard.
The Coloc has 24 hours to agree to the contractual terms by signing the documents via the electronic signature system. Parties agree that the electronic signature has the same legal value as a handwritten signature. By signing the documents, the Coloc acknowledges having read the documents and expressly accepts the rights and obligations mentioned therein. Under no circumstances can Coloc Housing be held responsible for any failure or unavailability of the DocuSign system. If the above outlined documents are not signed within 24 hours, Coloc Housing reserves the right to cancel the application.
The Coloc is strongly advised to download and save the documents. The Coloc also has the possibility to find them at any time in their "personal dashboard" under their Account on the Platform or upon request by email to firstname.lastname@example.org.
5.3. Payment of Deposit and Booking
After having signed the Tenancy Agreement (or Assignment Agreement) and the Coliving Pact, the Coloc will be invited by e-mail to pay half of the deposit (the deposit is equal to one (1) or two (2) months of rent without the monthly charges) so half (0.5) or one (1) month of rent (“Deposit”) and an Onboarding fee of €300 VAT included. Such payment needs to be done through the Platform (making use of an online payment mechanism provided by a third-party payment service provider) within 24 hours after receipt of the e-mail in this regard. Only from the moment the Deposit and Onboarding fee are paid in due time, the booking of the Accommodation is confirmed and the Tenancy Agreement is concluded between the Coloc and the Landlord (“Booking”). Failure to pay the Deposit, Platform, and Premise management fees within the given deadline has as a consequence that the Tenancy Agreement will automatically be deemed not to be concluded. In such an event, the Coloc will have to reapply for the Accommodation.
The Booking of the Accommodation will be confirmed by automatic email within 48 hours. The confirmation will be sent to the email address used for the Account registration.
5.4. Moving into the Accommodation
Prior to the Rental Date as agreed upon in the Tenancy Agreement, and in case the deposit equals two (2) months, the Coloc is invited by e-mail to pay the other half of the Deposit (being one (1) month rent without charges) and the (pro rata) rent of the first month. Such payment needs to be done through the Platform (making use of a payment mechanism provided by a third-party payment service provider) within 24 hours after receipt of the e-mail in this regard.
One day before the Rental date the Coloc receives a personal access code to enter the Premise. The Coloc is free to move into the Accommodation on the agreed Rental Date as included in the Tenancy Agreement or thereafter. However, Coloc Housing will only be able to welcome the incoming Coloc during office hours, so between 10am and 5pm from Monday to Friday. The Coloc can always agree with the other Colocs through the available communication channel of the Premise on a date and time to move in, without intervention of Coloc Housing. The Coloc is required to communicate to Coloc Housing in writing in advance the day and time of moving into the Accommodation. Moving in occurs at the Coloc’s costs and risks.
Access to the Premise is monitored at a distance by Coloc Housing. Upon entrance in the room, the Coloc will receive an e-mail from Coloc Housing with the invite to complete/comment the suggested inventory (‘plaatsbeschrijving’/’description de lieu’) within fourteen (14) days. In lack of completing the inventory within the given deadline, the suggested inventory is deemed accepted by the Coloc.
The Coloc can always decide to perform the Inventory of the Premises with a third-party expert of which the cost will be divided between the Coloc and the Landlord. A request can be sent to: email@example.com.
5.5. Sub-leasing Prohibited
Sub-leasing the Accommodation to a third party (even for short periods) is prohibited at all times unless with Coloc Housing’s prior written consent.
The price for the Accommodation consists of (i) a monthly rental fee and (ii) monthly charges (covering e.g. cleaning, EGWI, maximum budget for repairs, basic insurance with waiver of recourse).
The Accommodation prices appearing on the Platform are indicated in euro (€) and all monthly charges are included.
Any obvious error in the price indicated on the Platform can always be corrected by Coloc Housing after the conclusion of the Tenancy Agreement. The Coloc 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. At each anniversary of the Tenancy Agreement rent is subject to the annual indexing.
6.2. Payment of the Rent
The Coloc should pay his first rent pro rata as described here above under section 5.4..
The following rent payments, including monthly charges, shall be made during the term of the Tenancy Agreement before the 1st of each month on the bank account number mentioned on their Dashboard.
In case of any delay in payment due, the Coloc in question shall be liable, on expiry, automatically and without prior notice, to pay the legal interest, with interest calculated each time for the entire month. Interest will be increased by a lump sum amounting to €65 to cover administration and collection costs incurred.
As stated by law in article 1728bis, §1, 1e lid BW and article 7 in the Tenancy Agreement, the global rent of the house and hence the room rents can be indexed on the anniversary of the Tenancy Agreement by using the following formula:
Basic rental price x new (standard of living) index / Basic (standard of living) index
The basic index is that of the month preceding the conclusion of the rental agreement.
The new index is that of the month preceding the start date of the rental agreement.
On the anniversary of the rental agreement, the indexation will be applied to the total rent of the house, hence all room rents.
7. Cancellation Policy
7.1. Cancellation Prior to Booking
At any moment prior to Booking as described in section 6.3. here above, the Coloc can cancel the Accommodation through their Account.
7.2. Termination of the Tenancy Agreement
After Booking, during the term of the Tenancy Agreement, a Coloc can decide at any moment to terminate their Tenancy Agreement with between two (2) to three (3) months’ prior written notice (the “Notice Period”), without the necessity to provide a reason. This can be done through the Platform.
The Notice Period (that can hence range between two (2) and three (3) months) will start on the first day of the month following the month in which notification of the termination through the Platform has been done.
During the first month of the Notice Period, the outgoing Coloc is asked to make sufficient efforts to find a replacement Coloc, who the Coloc deems to be (i) a match on a personal level with the other Colocs in the Premise and (ii) to be financially sound. The outgoing Coloc shall be deemed to have made sufficient efforts if they have posted the Accommodation online (e.g. through social media or on specific websites) at least five (5) times and has organized at least four (4) visits with candidate Colocs complying with the conditions (points (i) and (ii) here above).
The Landlord and the remaining Colocs need to give their consent on the proposed replacement Coloc without their consent being unreasonably withheld. Any refusal shall be accompanied by an underlying motivation.
The following situations can occur:
- The outgoing Coloc finds a new, replacing Coloc that is accepted
Upon acceptance, the new, replacing Coloc will be invited to sign an Assignment Agreement to take over the initial Tenancy Agreement and to sign the Coliving pact. As of signing such Assignment Agreement, the outgoing Coloc is released from future liabilities or obligations (from the Tenancy Agreement) at the end of their notice period.
The rent during the Notice Period shall be paid by the Coloc on a pro-rata basis. The total Deposit shall be reimbursed but can be set-off by Coloc Housing against the rental fees due. The Onboarding fee shall not be reimbursed.
- the outgoing Coloc invests sufficient efforts but does not find a new Coloc, or any new proposed Coloc is not accepted
The burden of proof that sufficient efforts are made lies with the Coloc. If demonstrated that such efforts have been made during the first month of the Notice Period, the Coloc can leave the Accommodation after such first month and prior to the end of the Notice Period, and shall be released from any future liabilities or obligations (from the Tenancy Agreement).
The rent during the Notice Period shall be paid by the Coloc on a pro-rata basis. The total Deposit shall be reimbursed but can be set-off by Coloc Housing against the rental fees due. The Onboarding fee shall not be reimbursed.
- the outgoing Coloc does not invest sufficient efforts and does not find a new Coloc, or any new proposed Coloc is not accepted
The burden of proof that sufficient efforts are made lies with the Coloc. In lack of such proof, the outgoing Coloc can leave the Accommodation but is financially held to pay rent until Coloc Housing has found a new, replacing Coloc that is accepted by the Landlord and other Colocs, with a maximum of six (6) months' rent after leaving the Accommodation (which has to take place at the latest at the end of the Notice Period).
The total Deposit shall be reimbursed but can be set-off by Coloc Housing against the rental fees due. The Onboarding fee shall not be reimbursed.
- the outgoing Coloc wants to leave against loss of Deposit
Alternatively to investing sufficient efforts to find a new, replacing Coloc, the outgoing Coloc can decide to leave the Accommodation during the Notice Period, with the loss of Deposit.
The rent during the Notice Period shall be paid by the Coloc on a pro-rata basis. The total Deposit and the Onboarding fee shall not be reimbursed.
8. Liability of Coloc Housing
The Tenancy Agreement is concluded between the Coloc (as lessee) and the Landlord (as lessor). Coloc Housing is under no circumstances a party to the Tenancy Agreement.
The liability of Coloc Housing is limited to the Services provided via the Platform, as described above. Coloc Housing cannot be held liable if the bad execution of the Services is due to the fault of the Coloc, a third party unrelated to the Tenancy Agreement or in case of Force Majeure.
In any case, the liability of Coloc Housing is limited to the repair of the direct damages suffered by the Coloc arising from identified and attributable shortcomings. Coloc Housing can in no way be held liable for any form of indirect damage resulting from any breach such as loss of a chance, payment for alternative accommodation, loss of data.
9. Intellectual Property
“Intellectual Property Rights” means any intellectual property rights, such as, without being exhaustive, copyrights, patents, registered design, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, registered or unregistered.
The content which is published on our Platform is protected by the Intellectual Property Rights of Coloc Housing (or any third party with whom Coloc Housing has signed adequate agreements in this regard). “Content” means the very broad category of information, logos, photos, brands, drawings, models, slogans, databases, etc., available on the Platform. The source code of the Platform is protected by Intellectual Property Rights. Any third party cannot derive or attempt to derive such source code or reverse engineer, decompile, disassemble, or translate the software or any part thereof Unless Coloc Housing has given its prior agreement in writing, Colocs are not authorized to modify, reproduce, translate, distribute, sell, borrow, rent, communicate to the public, in whole or in part, the protected elements. Coloc Housing intends to pursue any infringement of its intellectual property rights.
10. Protection of Personal Data
The personal data provided by the Coloc at the time of booking is necessary for the execution of the Services. This data is collected and processed by Coloc Housing exclusively for internal purposes. Coloc Housing undertakes to comply with the applicable legislation in this area, namely Regulation 2016/679 of 27 April 2016 of the European Parliament and of the Council 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”).
11. Force Majeure
If Coloc Housing is prevented, in whole or in part, from providing the Services due to an event of Force Majeure, it cannot be held liable, neither contractual nor non-contractual.
12. Applicable Law and Court of Competent Jurisdiction
When having a question or complaint regarding the (use or functioning of the) Platform, the Coloc can contact Coloc Housing via the following e-mail address: firstname.lastname@example.org
The Coloc can also file a complaint on the European Online Dispute Resolution platform with a view to solving the issue. More information can be found on https://ec.europa.eu/consumers/odr/main/?event=main.home.show
These Terms and all matters arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Belgium, to the extent that such law is not overridden by applicable mandatory consumer law, but excluding the application of the conflict of law rules. Any claim or dispute arising out of or relating to these Terms (including non-contractual disputes or claims and their interpretation) shall be subject to the non-exclusive jurisdiction of the Courts of Brussels, Belgium.
These terms were last altered in September 2023.