SUBLEASE TERMS AND CONDITIONS
These Terms and Conditions (the “Terms”) are an integral part of the Residential Sublease Agreement (the “Agreement”) between Upstream Living (the “Sublessor”), located at Boulevard Prince Henri 15, L-1724, Luxembourg, operating under the brand name Voya, and the Sublessee. Please review the following Terms carefully, as they contain essential information regarding your legal rights, remedies, and responsibilities. All capitalized terms referenced herein, but not defined, shall adopt the meanings stated in the Confirmation.
1. Unit
1.1 The Sublessee’s use of the Unit throughout the agreed term (the “Term”) must strictly comply
with these Terms and with the Agreement.
1.2 The Sublessee acknowledges that while the Sublessor may own certain pieces of
furniture and furnishings, the Unit itself and the Building in which it is located (the
“Building”) are owned by a third party (the “Owner”).
2. Fees
2.1 All License Fees must be paid by credit card or electronic transfer. The Sublessee understands that a dishonored transfer imposes tangible costs on the Sublessor, and that calculating the exact amount of such damages can be challenging.
3. Additional Charges
3.1 The Sublessee shall pay all Additional Charges delineated in the Residential Sublease Agreement, which may include (but are not limited to) cleaning and restocking fees, utility fees, parking fees, pet fees, booking fees, and administrative fees as they fall due.
4. Deposit
4.1 At its sole discretion, the Sublessor may choose to require a security deposit (the “Deposit”) from the Sublessee at the time of booking or prior to move-in. The Sublessor will inform the Sublessee in writing if a Deposit is required for a specific booking.
4.2 When a Deposit is collected, it shall be held during the Term as security for the Sublessee’s performance of all obligations under this Agreement.
4.3 After the Sublessee vacates the Unit, and to the extent permitted by applicable law, the Sublessor may apply the Deposit toward:
(i) Repairing any damage to the Unit, including its fixtures and furnishings, beyond normal wear and tear.
(ii) Covering any outstanding utility fees incurred if the Sublessee exceeds the agreed-upon usage threshold.
4.4 If the Deposit is insufficient to cover the total cost of damages or fees, the Sublessee shall be responsible for paying any remaining balance.
4.5 Under no circumstances may any portion of the Deposit be used by the Sublessee to offset any Fees, including the final month’s Rental Fee.
4.6 In cases where a Deposit has been collected, the Sublessor will refund any remaining balance within four (4) weeks of the Term’s conclusion—or sooner if required by law—after deducting any valid charges.
4.7 If the Sublessor does not require a Deposit for a specific booking, all other obligations and conditions of this Agreement remain in full force. The Sublessor reserves the right to adjust its Deposit policy for future bookings or extensions.
5. Amenities, and Other Charges
5.1 Certain Building amenities might not be covered in the Accommodation Fee. If the Sublessee elects to obtain additional service packages for such amenities, these charges will be listed separately in Section 3.3 of the Confirmation and are not part of the Fee.
6. Interest and Late Charges
6.1 If the Sublessee fails to pay rent, utilities, or any other fees in full within seven (7)
calendar days of the due date, the Sublessor may impose a late fee of 2% of the overdue balance
or the maximum amount permitted by law, whichever is less.
6.2 This late fee compensates the Sublessor for the administrative burden caused by late
payments and will be assessed in compliance with all applicable laws. Prompt payment is
essential under this Agreement; failure to pay on time may result in additional fees and
consequences as described herein.
7. Cancellation Policy
7.1 The Sublessee may cancel the Reservation prior to the Commencement Date by sending written notice to the Sublessor via email, using the address specified in the “Notices” section of this Agreement. A cancellation is deemed effective only upon the Sublessor’s written confirmation of receipt.
7.2 If the Sublessor receives the Sublessee’s written cancellation notice fourteen (14) days or more prior to the Commencement Date, any payments already made (including rent and fees) will be fully refunded.
7.3 If the Sublessor receives the Sublessee’s written cancellation notice fewer than fourteen (14) days prior to the Commencement Date, no refund will be issued. All amounts paid (including, but not limited to, rent, booking fees, service fees, and card processing fees) become entirely non-refundable.
8. Early Termination by Guest
8.1 Subject to the minimum stay requirement specified in the Agreement, the Sublessee may terminate this Agreement by giving thirty (30) days’ written notice to the Sublessor.
9. Term Extensions
9.1 The proposed extension is subject to availability, and the sublease rate may be redefined accordingly. The extension is considered valid only upon payment of any additional extension amounts.
10. Use and Occupancy of the Unit
10.1 The Unit must be used exclusively as a private, single-family residence, and not for any
commercial or professional activities.
10.2 No personal property is to be stored or placed in any areas outside the Unit. Any
personal items found in common areas may be removed by the Sublessor or Owner without prior
notice.
10.3 During the Term, only the Sublessee and any individuals identified in the
Confirmation (“Authorized Occupants”) may occupy the Unit. All conditions that bind the
Sublessee also bind any Authorized Occupants.
10.4 A non-Authorized Occupant may not stay in the Unit for ten (10) or more consecutive
days or for more than fifteen (15) total days in a sixty (60) day period without the Sublessor’s
written permission. Under no circumstances may the Unit’s occupancy exceed two (2) persons per
bedroom.
10.5 The Sublessee shall not create or allow any nuisance that interferes with the peace
and safety of other Building residents.
11. Care of Unit
11.1 Maintenance and Condition
The Sublessee must preserve the Unit and its contents—furniture, furnishings, fixtures—in a clean and good condition, similar to its condition at move-in.
The Sublessee must pay for or reimburse the Sublessor for any items (including furniture, fixtures, furnishings) that become broken, lost, or stolen during the Term.
11.2 Reporting Maintenance Issues
The Sublessee must promptly report any maintenance concern, including pest infestations, within forty-eight (48) hours of discovery.
The Sublessee is accountable for any repairs attributable to their (or their visitors’) misuse, such as clogged plumbing from improper usage.
11.3 Smoke and Carbon Monoxide Detectors
If smoke or carbon monoxide detectors are battery-operated, the Sublessee is responsible for changing batteries to keep detectors functional. The Sublessor may assist upon request when feasible.
Deactivating or removing any detector is a material breach of this Agreement.
11.4 Alterations
The Sublessee shall not remodel, renovate, paint, or otherwise modify the Unit without the Sublessor’s written approval. This prohibition includes installing fixtures, hanging items from walls/ceilings, or putting adhesive on surfaces.
11.5 Mold and Mildew Prevention
The Sublessee must take reasonable steps to prevent mold growth, such as running exhaust fans or opening windows to reduce moisture buildup.
12. Repairs & Maintenance
12.1 Communication
All repair and maintenance requests must be made by sending written notice to the Sublessor via email.
Non-emergency requests submitted outside of the standard business hours (9:00–18:00, Monday–Friday) will be addressed on the next business day.
Charges may apply to the Sublessee, depending on whether the damage or issue is attributable to their actions.
12.2 Right of Entry
In accordance with local laws, the Sublessor or the Building’s management may enter the Unit with a minimum of twenty-four (24) hours’ notice, or immediately in the event of an emergency, to perform repairs or inspections.
12.3 Building Maintenance
The Sublessee acknowledges that the Building and the Unit may periodically undergo renovations. Such work could temporarily affect amenities (e.g., pool, gym, laundry). This does not automatically entitle the Sublessee to a Fee reduction, other than a potential pro-rated amount of an Additional Fee that specifically covers the impacted amenity.
13. Relocation
13.1 Relocation by Sublessor
Circumstances may arise (including but not limited to substantial building maintenance, natural disasters, or other force majeure events) that render the originally booked Unit partially or fully unavailable during the Term.
In such cases, the Sublessor reserves the right to relocate the Sublessee to another Unit of comparable quality within the same building or a building of a similar standard, provided that a suitable Unit is available.
13.2 Option to Cancel or Refund
If the Sublessor notifies the Sublessee of the need to relocate, but no comparable Unit is available, the Sublessor may, at its sole discretion, offer the Sublessee a partial or full refund corresponding to any unused portion of the rent and fees.
If a comparable Unit is offered but the Sublessee elects not to relocate, the Sublessee may cancel the Agreement and receive a pro-rated refund of any rent and utility fees covering the unused portion of the Term. Any booking or service fees remain non-refundable unless otherwise specified by the Sublessor.
13.3 No Additional Compensation
Other than a pro-rated or discretionary refund for the remaining portion of the Term (if applicable), neither the Sublessor nor the Owner will be liable for any additional amounts, damages, or compensation resulting from the unavailability of the Unit, the cancellation of the Agreement, or any relocation process.
13.4 No Switching of Units by Sublessee
The Sublessor’s right to relocate the Sublessee under this clause does not grant the Sublessee a right to request or demand a switch of Units. The Sublessee acknowledges and agrees that any relocation is initiated solely at the Sublessor’s discretion in response to the circumstances described herein.
13.5 Continuation of Agreement
If the Sublessee is relocated to a different Unit under this clause, the Agreement (including rent, fees, and obligations) will remain in effect, subject to any necessary adjustments to reflect the change in Unit and any associated fees.
14. Business Upgrade
14.1 The Business Upgrade (“Upgrade”) is an optional, non-refundable add-on that applies to one booking term. Should the Sublessee extend or make a new booking, a new Upgrade purchase is required.
15. Check-In/Check-Out Times
15.1 Check-in is permitted from 3:00 PM on the Commencement Date, and check-out is required by
10:00 AM on the End Date.
15.2 Alternative check-in times may be arranged in advance, subject to availability.
15.3 If the Sublessee fails to vacate by 10:00 AM on the End Date, the Sublessor may
charge the Sublessee an additional daily Rental Fee for each day the Unit remains occupied,
without limiting the Sublessor’s other rights.
16. Background Checks
16.1 The Sublessee and any Authorized Occupants listed in the Residential Sublease Agreement may
be subject to background checks.
16.2 If required, the Sublessee agrees that the Sublessee and/or any Authorized Occupants
will cooperate fully with the process.
17. Building Rules and Regulations
17.1 The Sublessee, Authorized Occupants, and visitors must adhere to all Building rules and any
restrictions set by the Owner.
17.2 A violation of such rules constitutes a material breach of this Agreement, and the
Sublessor may terminate the Agreement and request that the Sublessee vacate the Unit.
18. No Assignment, Subletting, or Rental
18.1 The Sublessee shall not assign its rights under this Agreement.
18.2 No subletting or transfer of possession of the Unit is permitted.
18.3 Listing the Unit for rentals on other platforms is strictly prohibited. Any
unauthorized usage is a material breach and may result in immediate termination.
19. Scheduled Unit Visitation
19.1 Beyond repairs and maintenance, the Sublessor may conduct routine non-emergency inspections
with twenty-four (24) hours’ notice.
19.2 The Sublessor may show the Unit to prospective tenants near the end of the Term:
If the sublease is more than 3 months, viewings can occur in the last forty-five (45) days.
If the sublease is less than 3 months, viewings can occur in the last thirty (30) days.
The Sublessor will send a written notification at least twenty-four (24) hours before any viewing. If no response is received, the Sublessor may proceed without the Sublessee present, but always with a Sublessor representative on-site.
20. Non-Smoking Policy
20.1 The Unit is entirely non-smoking.
20.2 If smoking (of any substance) is detected, the Sublessee agrees to pay a EUR 500 damage fee, plus any additional costs for deep cleaning, repainting, or replacement of furnishings.
20.3 A breach of this policy is a material violation of the Agreement, allowing the
Sublessor to pursue termination.
20.4 The Sublessor is not liable if other Building residents (in permitted units) smoke,
nor for any resulting health or property impacts.
20.5 The Sublessee must notify the Sublessor promptly if smoke enters the Unit from
external sources.
21. Furniture Removal
21.1 The Sublessee shall not remove furniture or furnishings from the Unit.
21.2 Requests for removal of particular pieces may be considered at the Sublessor’s
discretion, potentially with added charges.
22. Freight Elevator Charge
22.1 Freight elevator usage is subject to availability and Building regulations.
22.2 The Sublessee is responsible for any applicable Building fees for using a freight
elevator.
23. Pet Policy
23.1 Certain pets may be permitted if the Building rules allow and the Sublessor provides
explicit written consent.
23.2 If pets are approved, the Sublessee may need to pay an additional security deposit
and/or Pet Fee as noted in the Agreement. The Sublessee is fully liable for any pet-related
damages.
23.3 The Sublessee acknowledges that some residents may keep pets. The Sublessor is not
responsible for any pet-related injuries or damages in or around the Building.
23.4 Prohibited animals and breeds include (but are not limited to) wolf or coyote
hybrids, monkeys, snakes, ferrets, rabbits, and others as specified.
24. Keys & Premises Access Cards
24.1 The Sublessee will receive keys, electronic cards, or parking controls for the Unit and
Building access.
24.2 The Sublessee is responsible for Unit security until these items are returned to the
Sublessor.
24.3 The Sublessee shall not modify or rekey the locks without the Sublessor’s written
consent.
24.4 If keys or access devices are not returned, the Sublessee may be charged for rekeying
or replacing them.
25. Lockout Policy
25.1 If the Sublessee is locked out of the Building or Unit, a Lockout Fee may be charged by either the Sublessor or Building management, based on the Sublessor’s posted schedule of fees.
26. No Criminal Activity
26.1 The Unit is solely for residential use.
26.2 Any illegal activity in or around the Unit by the Sublessee or visitors is strictly
prohibited and constitutes a material breach of the Agreement, meriting immediate termination.
27. Subordination
27.1 This Agreement is subordinate to the primary lease (“Lease”) between the Sublessor and the
Owner.
27.2 If the Lease terminates prematurely, the Sublessee’s sublease automatically ends, and
the Sublessee must vacate the Unit. Section 13 (“Relocation”) governs any associated rights.
28. Termination
28.1 Fixed Term
The Agreement naturally concludes on the End Date. Any changes or extensions must be in writing, signed by both parties at least thirty (30) days before the End Date.
28.2 Immediate Termination by Sublessor
Subject to applicable law and upon written notice, the Sublessor may terminate this Agreement immediately if:
(i) The Unit is damaged by the Sublessee.
(ii) The Sublessee violates Building rules.
(iii) The Sublessee engages in criminal behavior.
(iv) Habitual Late Payment is established (see Section 6).
(v) Any material breach of this Agreement occurs.
(vi) Other conditions set forth in this Agreement arise.
29. Vacation of Unit
29.1 The Sublessee must leave the Unit no later than the End Date or any earlier termination
date.
29.2 The Unit, parking, or storage areas, along with all keys and furnishings, must be
returned in the same condition (reasonable wear and tear excluded).
29.3 Vacating is deemed complete once keys are surrendered to the Sublessor (or its agent)
within normal business hours.
29.4 If the Sublessee stays beyond the End Date, the Sublessor may remove personal
belongings according to legal requirements and grant the Sublessee one (1) week to retrieve them
from a designated location.
30. Personal Property
30.1 The Sublessor will make reasonable efforts to help the Sublessee recover items left behind. Nevertheless, the Sublessor and Owner assume no liability for any personal property losses or damages, including loss due to fire, water, theft, flooding, or other events.
31. Tenant Legal Liability
31.1 Sublessees are strongly encouraged to obtain their own Tenant Legal Liability coverage.
32. VAT
32.1 All amounts payable by the Sublessee under this Agreement include any VAT unless otherwise
specified.
32.2 If VAT or other taxes change during the Term, the Rental Fee and other applicable
charges may be revised accordingly.
33. Third-Party Rights
33.1 Anyone not a party to this Agreement has no right to enforce any of its provisions.
34. Governing Law
34.1 These Terms (including any non-contractual claims) are governed by and construed according to the laws of the Grand Duchy of Luxembourg.
35. Jurisdiction
35.1 The parties irrevocably agree that any dispute arising in connection with these Terms (including non-contractual disputes) shall fall under the exclusive jurisdiction of the competent courts in Luxembourg.
36. Disclaimer
36.1 The Sublessor takes no responsibility for claims arising from:
(i) Fault of the Sublessee or their party;
(ii) Acts of unrelated third parties;
(iii) Unavoidable circumstances or events which the Sublessor could not predict or forestall, despite taking reasonable care.
37. Additional Services
37.1 The Sublessor is not liable for additional or unrelated services beyond those expressly included in the Confirmation. Any such external services arranged by the Sublessee remain outside the Sublessor’s responsibility.
38. Use of Facilities at Own Risk
38.1 Operating instructions for appliances may be requested from the Sublessor. The Sublessee
bears responsibility for using them safely.
38.2 Should facilities like pools, fitness areas, or garden equipment be available, their
use is entirely at the Sublessee’s risk and discretion, and must comply with Building
regulations.
39. Force Majeure
39.1 The Sublessor is not liable for unforeseen events beyond its control, such as war, civil
unrest, terrorist threats, industrial disputes, natural or nuclear disasters, adverse weather,
essential maintenance, power outages, internet failures, or other Force Majeure events.
39.2 Any delay caused by Force Majeure extends the timeframe for the Sublessor’s
performance to a corresponding degree.
40. Indemnification and Hold Harmless
40.1 To the maximum extent allowed by law, the Sublessee shall indemnify and hold harmless both
the Sublessor and the Owner from damages to property or injuries to people arising from any act
or omission by the Sublessee or their visitors.
40.2 The Sublessee must pay all such damages immediately upon occurrence and before the
end of the Term.
41. Privacy Policy
41.1 The Sublessee confirms having read and accepted the Sublessor’s Privacy Policy, which is incorporated here by reference.
42. Notices
42.1 Except for cancellations (which may be given solely by email), any notices to the Sublessor
must be sent by registered mail or courier and email to the addresses specified
in the Confirmation.
42.2 Notices to the Sublessee shall be sent by registered mail or courier and email to the contact details provided in the Confirmation or to the Unit address
if none is provided.
43. Miscellaneous
43.1 The failure of either party to act upon any breach of these Terms does not constitute a
waiver of that party’s right to act upon similar or subsequent breaches.
43.2 Should any provision or part of a provision of this Agreement be found invalid, the
remaining provisions will remain fully enforceable.
43.3 This Agreement, together with the Confirmation, can only be amended via a writing
signed by both parties. It binds and benefits the Sublessee, the Sublessor, and their respective
successors and assignees.
44. Confidentiality
44.1 The Sublessee agrees to keep the terms of this Agreement confidential and not disclose them to any outside party unless mandated by law or court order.
45. Limitation of Sublessor’s Liability
45.1 General Limitation
Subject to clause 45.2, the Sublessor is not liable for:
45.1.1 Death or personal injury to the Sublessee or their visitors, or theft/damage of their possessions.
45.1.2 Any losses, claims, damages, costs, or expenses incurred by the Sublessee or their visitors in using the Unit or Building.
45.1.3 Any acts or omissions of other Building residents or their visitors.
45.2 Exceptions
Nothing in clause 45.1 excludes or limits the Sublessor’s liability for:
45.2.1 Death, personal injury, or property damage caused by the Sublessor’s negligence or that of its agents.
45.2.2 Any matter where liability cannot be lawfully excluded or restricted.