Galway Central · Galway

How to terminate the contract

“NSL” refers to “Now Student Living”, which is the operator of the properties under Here! Student Living.

5.1 At the end of the tenancy period:

5.1.1When the tenancy period ends, this license will automatically terminate.

5.1.2By the end of the tenancy period, NSL is likely to have agreed to allocate the accommodation to others. If a student fails to vacate the accommodation after the last day of the tenancy period and as a result NSL has to make alternative accommodation arrangements for new students, NSL will claim from the student the costs of the alternative accommodation. NSL will also claim from the student its legal costs and any other reasonable costs incurred in recovering the right to occupy the accommodation. The student will be liable to pay NSL for any period during which the student occupies the accommodation after the end of the tenancy period.

5.2 Student terminates the contract before the end of the tenancy period

5.2.1NSL's agreement to let a student occupy the accommodation is based on the student's agreement to rent for the entire tenancy period. Once a student has accepted an offer, the student is only entitled to terminate the contract with NSL in accordance with these terms and conditions.
5.2.2The student has a “cool - off period”. The student may cancel the contract by giving written notice to NSL (which may be sent by post or email, but not by fax) indicating the intention to cancel. This notice must be received by NSL before the earlier of: (i) the end of the 5th working day after the date on which NSL confirms that the accommodation booking is complete, or (ii) 31st July before the start of the tenancy period. The cool - off period ends when NSL starts providing services to the student, even if the student completed the booking process only two or three days ago.
5.2.3If the student does not validly cancel the contract, the student must pay the full accommodation fees for the entire tenancy period, unless and until all of the following conditions are met:
a) A replacement occupant reasonably acceptable to NSL agrees to occupy the accommodation until the end of the tenancy period (NSL will use reasonable efforts to help the student find a replacement, but cannot guarantee success);
b) The student pays a reasonable cancellation fee to NSL;
c) The student has paid all amounts due under the accommodation contract. The replacement occupant must not already be a resident of NSL. If the student introduces a replacement occupant, the replacement will be allocated to the accommodation. If the student does not introduce a replacement occupant, NSL has the right to allocate potential occupants to other rooms that are already available for rent until all such rooms are occupied, and then allocate a replacement to the accommodation and release the student from the contract.
5.2.4
If the student's contract is validly terminated in accordance with Clause 5.2.3: a) NSL will refund to the student a fair and reasonable portion of the accommodation fees already paid by the student, which is calculated based on the period during which the accommodation is rented to others. The student is liable to pay the accommodation fees until the date on which the accommodation is re - rented to a replacement occupant, even if that date is some time after the student vacates the accommodation. (If the accommodation is not re - rented before the end of the tenancy period, NSL will not refund any prepaid accommodation fees).
5.2.5
NSL may offer the accommodation to other occupants for room swaps, but for the purpose of releasing a student who wishes to terminate the contract early from the contract liability, a swap is not considered a replacement. Accommodation fees will only be refunded if and when the vacancy in the building caused by the student's early departure is filled and NSL does not suffer a loss. At any time when any part of the tenancy period has not expired, NSL's receipt of the keys alone does not constitute an effective act of terminating the student's agreement.5.3 NSL terminates the contract before the end of the tenancy period

5.3.1
NSL may terminate the license at any time by giving notice to the student if any of the following occurs: a) Any installment of the accommodation fees is not paid within 7 days after the due date; or
b) Any other amount payable by the student under these terms is not paid within 14 days after the due date; or
c) The student seriously or persistently breaches any of its obligations; or
d) The student does not have the status of a registered student; or
e) In NSL's reasonable judgment, the student's health or behavior poses a serious risk to himself/herself or others or the property of others, or makes the student unsuitable to live in the building.
5.3.2
If the accommodation becomes unfit for habitation due to reasons beyond NSL's control and NSL is unable to provide suitable alternative accommodation for the student despite having made reasonable efforts (see also Clause 4.3.4), NSL may terminate the contract with the student.5.3.3
If any accommodation fees remain unpaid for 14 days or more after the due date and NSL has reason to believe that the student has ceased to live in the accommodation, NSL may terminate the contract with the student and recover the right to occupy the accommodation. If NSL exercises its right to terminate the contract in this way, the student's license or tenancy will terminate immediately when NSL recovers the right to occupy. NSL will deal with any abandoned property in accordance with Clause 3.8.5 of these terms.5.3.4
If the contract is terminated early, NSL will refund to the student a fair portion of the prepaid accommodation fees as soon as possible after the termination takes effect, provided that NSL will only refund the fees for the period during which the vacancy in the accommodation caused by the student's early departure is filled and NSL does not suffer a loss.5.3.5
If the student can prove that the reason for the termination is NSL's serious or persistent breach of its obligations under these terms and conditions, the conditions applicable to the student's early termination of this agreement under Clause 5.2.3 and the “no - refund” policy in Clause 5.3.4 will not apply.5.4 Relocation and room swaps

If a student is relocated during the tenancy period, the offer letter and its applicable terms will apply to the alternative accommodation.
5.4.1
A student may request a room swap, but the swap is subject to the availability of vacancies. NSL is not obliged to allow a swap.5.4.2
NSL reserves the right to relocate a student to a comparable alternative accommodation during the tenancy period, provided that it is reasonable to do so. (For example, it would be reasonable to relocate a student if the occupancy rate of the student's apartment is too low or it is severely damaged). If a student is relocated during the tenancy period, the offer letter and its applicable terms will apply to the alternative accommodation.5.5 Deposit refund
5.5.1

If a student cancels the booking within 24 hours, the deposit will be refunded in full.
5.5.2If a student cancels the booking after 24 hours but before the start of the tenancy period, the deposit will be refunded, subject to a deduction of a €50 administrative fee.
5.5.3If this agreement terminates at the end of the selected tenancy period, you will receive a 100% refund of the deposit. This refund is subject to the condition that the accommodation is undamaged, kept clean and tidy, and no fines are incurred under this license.
5.5.4The refund of the deposit is subject to the timely payment of the accommodation fees and related charges. The licensor has the right to use the deposit to offset any costs it incurs for cleaning, repairs and replacement of damaged items, as well as to settle any amounts owed by the student to the licensor.
5.5.5If a student wishes to terminate this license before the end of the tenancy period, the student must submit a cancellation form to the licensor.
5.5.6If this agreement is terminated by the student during the tenancy period, the student remains liable to pay the full accommodation fees for the entire tenancy period. The licensor will use reasonable efforts to re - license the accommodation. If the licensor is able to re - license the accommodation, the student will be entitled to a credit of the balance of the prepaid accommodation fees (less the deposit as described in this clause) corresponding to the period during which the accommodation is re - licensed.
5.5.6 如果本协议由学生在居住期内终止，学生仍有责任支付整个居住期的全额住宿费。许可方将尽合理努力重新许可该住宿，如果许可方能够重新许可该住宿，学生将有权获得其预付的、对应于住宿被重新许可期间的住宿费余额（扣除本条所述的押金）的抵扣。