Nomad Barrio Terms and Conditions

Nomad Barrio Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Nomad Barrio website (the "Service") operated by Nomad Barrio ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. User Types and Registration

1.1. The Service is designed for two types of users:

1.2. Registration is required for Agents to list properties. To register, Agents must provide their full legal name, email address, WhatsApp number, and proof of authority to list the property (e.g., ownership documents or agent authorization).

1.3. By registering, you represent that you are at least 18 years old, that all information provided is accurate and complete, and that you will keep it updated. Providing false information may result in immediate account suspension or termination.

2. Listing Process

2.1. Agents may list properties for rent or sale on the Service, subject to visual approval by Nomad Barrio administrators and submission of accurate listing details, including any known conditions that may affect the rental or sale experience (e.g., proximity to noise sources, construction, or structural issues).

2.2. Nomad Barrio reserves the right to reject, remove, or suspend any listing at its sole discretion, without explanation or liability, including for incomplete or misleading information.

2.3. Property Sales

Nomad Barrio provides a free listing service for properties for sale but does not facilitate sales transactions, payments, or any aspect of the sales process. Agents and Buyers connect directly through the Service, and all subsequent arrangements, negotiations, payments, and agreements are handled off-platform between the Agent and Buyer. Nomad Barrio has no involvement in these transactions and assumes no responsibility or liability for any aspect of property sales, including but not limited to the accuracy of listings, the condition or legal status of properties, the conduct of Agents or Buyers, or any disputes, losses, or damages arising from such transactions.

3. Transactions and Secure Payments

3.1. Nomad Barrio facilitates secure payments for the first month’s rent and any agreed fees for rental transactions but does not handle long-term lease payments, subsequent rental payments, or any payments related to property sales, which are managed directly between users.

3.2. Renters may use Nomad Barrio’s payment service to pay their first month’s rent and agreed fees. These payments are held securely for 2 working days after the Renter’s move-in date, as verified by the Agent’s submission of move-in confirmation (e.g., photos or signed acknowledgment), before being released to the Agent, subject to payment processor timelines (see Section 7). The release of funds to the Agent is subject to the payment processor’s settlement timelines, which may vary.

3.3. A processing fee, as outlined in the Nomad Barrio Renter Fees, is applied to all rental payments and is non-refundable except as provided in Section 4.

3.4. Nomad Barrio reserves the right to refuse, limit, or reverse any payment at our sole discretion, without providing a reason, including suspected fraud or violation of these Terms.

4. Secure Payment Refund & Dispute Policy

4.1. Qualifying for a Refund

Refunds are only provided if the rental property is falsely advertised (e.g., does not match key features listed, such as number of bedrooms or location) or does not exist. Renters must submit proof (e.g., timestamped photos, messages, or other evidence) within 2 calendar days of move-in to help@nomadbarrio.com. Nomad Barrio will review the evidence and determine eligibility at its sole discretion.

4.2. Refund requests must be submitted within 2 calendar days of move-in. Payments are held securely for 2 working days after move-in and released to the Agent if no valid refund request is received, subject to payment processor timelines (see Section 7). The release of funds to the Agent is subject to the payment processor’s settlement timelines, which may vary.

4.3. Pre-Move-In Cancellations

If a Renter cancels after payment but before move-in, the Agent retains 10% of the payment as a non-refundable reservation deposit. The remaining 90% will be refunded to the Renter within 7 business days.

4.4. Non-Refundable Issues

Issues including but not limited to personal dissatisfaction, maintenance problems, noise, or changes in Renter circumstances do not qualify for refunds or chargebacks through Nomad Barrio. Such issues must be resolved directly between the Renter and Agent under their separate rental agreement, if any.

4.5. Agent-Initiated Cancellations

If an Agent cancels a rental after payment but before move-in, the Renter will receive a full refund, including the processing fee, within 7 business days. Nomad Barrio will recover associated costs from the Agent as outlined in Section 7.9.2.

5. Intellectual Property

5.1. By uploading content to the Service (e.g., listings, photos, descriptions), you grant Nomad Barrio a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and display such content for purposes related to the Service.

5.2. You represent and warrant that you have the right to grant this license and that the content does not infringe on any third-party rights.

5.3. Nomad Barrio retains all rights to its branding, logos, and original content created by or for the Service.

5.4. You warrant that any content you upload does not infringe any copyright, trademark, or other intellectual property rights and is not defamatory, obscene, or otherwise unlawful.

5.5. Nomad Barrio reserves the right to remove any content that, in its sole discretion, violates these Terms or is objectionable, without notice or liability.

6. Limitation of Liability

6.1. To the fullest extent permitted by law, Nomad Barrio, its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service, including but not limited to rental disputes, property sales transactions, property condition issues, scams, payment delays, agent cancellations, chargebacks, or loss of profits.

6.2. Nomad Barrio’s total liability, if any, shall not exceed the fees paid by you to Nomad Barrio (as outlined in the Nomad Barrio Renter Fees or Nomad Barrio Host Fees, as applicable) in the transaction giving rise to the claim. For property sales, where no fees are charged, Nomad Barrio’s liability is zero.

6.3. You use the Service at your own risk and are solely responsible for verifying properties, conducting due diligence, entering into rental or sales agreements with Agents, and resolving disputes with other users.

7. Agent Responsibilities & Liabilities

7.1. Agents must provide truthful and accurate property listings, including disclosure of any known conditions (e.g., noise, maintenance issues, or structural defects) that may affect the rental or sale experience. If a rental listing is found to be fraudulent or materially misrepresented, payments may be withheld, reversed, or refunded at Nomad Barrio’s discretion.

7.2. Agent Ban & Legal Consequences for Scams

Nomad Barrio reserves the right to permanently ban Agents found engaging in misrepresentation or fraud related to rentals or sales and will cooperate with law enforcement in such cases. If an Agent is found to have engaged in fraud or intentionally misrepresented a property, Nomad Barrio may:

7.3. Payout Process & Bank Details

Agents will receive payment 2 working days after the Renter’s move-in date, provided no valid refund request has been made and move-in confirmation is submitted, subject to payment processor settlement timelines (e.g., Stripe Connect), which may vary based on the Agent’s country, risk factors, or the timing of the Renter’s payment. Nomad Barrio is not responsible for incorrect payouts due to inaccurate or incomplete bank details provided by the Agent. It is the Agent’s responsibility to ensure that:

Once a payment has been processed using the details provided by the Agent, Nomad Barrio cannot recover or reverse the transaction.

7.4. Payout Timing & Delays

While Nomad Barrio aims to process payments to Agents within 2 working days after the Renter’s move-in date, Agents acknowledge that payouts may be subject to delays due to factors beyond our control, including but not limited to bank processing times, national holidays, payment processor schedules (e.g., Stripe Connect), or risk-based holds imposed by the payment processor. Payouts may be subject to extended holds or delays based on the payment processor’s risk assessments or policies, particularly for international transactions. Nomad Barrio is not liable for any financial losses, missed payments, or late fees incurred due to such payout delays.

7.5. Agent Responsibility for Renters

Nomad Barrio acts solely as a payment facilitator for rentals and a listing service for sales and is not responsible for any actions of Renters or Buyers. By listing a property, the Agent acknowledges that:

7.6. Nomad Barrio’s Limited Liability to Agents

Nomad Barrio is a marketplace and payment processor for rentals and a free listing service for sales. We do not guarantee:

Agents acknowledge that using Nomad Barrio’s platform does not create an employment, agency, or partnership relationship between Nomad Barrio and the Agent.

7.7. Fraudulent Agent Claims & Payment Disputes

Nomad Barrio reserves the right to withhold, reverse, or recover payments if an Agent:

If an Agent is found to have engaged in fraud or misrepresentation, Nomad Barrio reserves the right to permanently ban the Agent and report their activity to relevant authorities.

7.8. Investigations & Withheld Payments

If a Renter reports that a rental property is a scam or was falsely advertised within the 2-calendar-day reporting period, Nomad Barrio reserves the right to pause the Agent’s payout while we conduct an investigation. The payout will only be made if Nomad Barrio determines that the Agent has met all listing obligations and no fraud or material misrepresentation has occurred, within 2 working days after move-in, subject to payment processor timelines. During the investigation period:

7.9. Agent Cancellation & Chargeback Liability

7.9.1. If an Agent cancels a rental agreement after the Renter has made payment but before move-in, Nomad Barrio will refund the Renter the full amount paid, including the processing fee as outlined in the Nomad Barrio Renter Fees, within 7 business days. Nomad Barrio will recover associated costs from the Agent as outlined in Section 7.9.2.

7.9.2. In such cases, the Agent is liable for reimbursing Nomad Barrio for any transaction fees incurred (e.g., payment processor fees) and the processing fee refunded to the Renter. Nomad Barrio reserves the right to:

7.9.3. Failure to reimburse Nomad Barrio within 14 days of notification may result in the Agent’s suspension or permanent ban from the platform, at Nomad Barrio’s sole discretion.

7.9.4. Agents are encouraged to confirm availability and commitment before accepting Renter payments to avoid cancellations.

7.9.5. Chargeback Liability: If a chargeback is filed and upheld after funds are released to the Agent, the Agent is liable for reimbursing Nomad Barrio the full amount of the chargeback, including any associated fees imposed by the payment processor, within 14 days of notification. Nomad Barrio may deduct such amounts from future payouts owed to the Agent or pursue recovery through legal action under the governing law of these Terms (Section 9), enforceable in the Agent’s jurisdiction as applicable.

7.10. Tax and Legal Obligations

Agents are solely responsible for complying with all tax laws and legal obligations related to their rental income or property sales proceeds. Nomad Barrio is not responsible for any tax liabilities or legal issues arising from rental or sales transactions.

7.11. High-Risk Agents

Nomad Barrio reserves the right to require additional verification documents or hold a security deposit for Agents deemed high-risk, at its sole discretion.

8. Amendments

8.1. We reserve the right to modify or replace these Terms at any time. Users will be notified of material changes via email at least 7 days before they take effect.

9. Governing Law

9.1. These Terms shall be governed by the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that Nomad Barrio may, at its sole discretion, bring legal action in the jurisdiction where the Agent is located or where the property is situated.

10. Chargebacks & Unauthorized Payment Disputes

10.1. Chargeback Prohibition: By using Nomad Barrio’s payment services, Renters agree not to file a chargeback with their bank or credit card company for issues unrelated to fraud (e.g., property condition, dissatisfaction), as these are excluded from refunds (Section 4.4) and must be resolved with the Agent under their separate rental agreement, if any. Renters must first contact Nomad Barrio at help@nomadbarrio.com for resolution before filing a chargeback. By using the Service, Renters waive their right to initiate chargebacks for issues unrelated to fraud, as defined in Section 4.

10.2. Chargeback Consequences: If a chargeback is filed in violation of these Terms or after Nomad Barrio has ruled against a refund, we reserve the right to:

10.3. Chargeback Liability Limitation: Nomad Barrio is not liable for chargebacks arising from disputes between Renters and Agents after the initial payment is released to the Agent. Such liability rests solely with the Agent under their rental agreement with the Renter, if any.

11. Force Majeure

11.1. Nomad Barrio shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, strikes, government actions, power outages, or technical failures (e.g., payment processor downtime).

11.2. In such events, Nomad Barrio may suspend or limit the Service without notice or liability.

12. Termination of Service

12.1. Nomad Barrio reserves the right to terminate or suspend any user’s access to the Service at any time, for any reason, including but not limited to violation of these Terms, or no reason, at our sole discretion, with or without notice.

12.2. Upon termination, all pending listings and transactions may be canceled, and Nomad Barrio is not obligated to process or refund any associated payments.

12.3. Nomad Barrio may reject or remove any listing at our sole discretion, without explanation or liability.

13. Dispute Resolution

13.1. Nomad Barrio’s sole responsibility in rental disputes is to determine, at its discretion, whether a rental property was falsely advertised or does not exist, based on evidence provided by the Renter within 2 calendar days of move-in (see Section 4).

13.2. Nomad Barrio does not mediate or resolve disputes between users (e.g., rental terms, property damage, non-payment, or sales-related issues) beyond this scope. This includes, but is not limited to, disputes over property condition, maintenance, or any other issues arising after move-in or related to sales transactions. Such disputes must be resolved directly between the parties involved, and Nomad Barrio bears no liability.

14. No Party to Rental or Sales Agreements

14.1. Nomad Barrio is not a party to any rental or sales agreement between Agents and Renters or Buyers. All terms, conditions, and obligations of rental or sales agreements, or the absence thereof, are solely between the Agent and Renter or Buyer. Nomad Barrio’s role is limited to facilitating the first month’s payment for rentals and providing a listing platform for rentals and sales.

14.2. Renters and Agents are required to sign a separate rental agreement before move-in to govern all post-move-in obligations. Nomad Barrio is not liable for disputes arising from this agreement or from the failure of Renters and Agents to enter into such an agreement. Similarly, Buyers and Agents are responsible for entering into their own sales agreements, and Nomad Barrio has no liability for any related disputes or failures.

15. Payment Delays

15.1. Nomad Barrio is not responsible for delays in payment processing caused by banks, payment processors, or currency conversion services. This includes delays in settlement periods for Agent payouts, which may extend timelines based on payment processor risk assessments or policies. Users acknowledge that international transactions and external risk evaluations may affect payout or refund timelines, and Nomad Barrio cannot guarantee specific delivery dates for funds.

16. No Liability for User-Provided Information

16.1. Nomad Barrio does not verify the accuracy of property listings, descriptions, or any other user-provided content for rentals or sales. Users rely on such information at their own risk, and Nomad Barrio shall not be liable for any losses or damages arising from inaccurate or misleading information.

17. Reporting Suspicious Activity

17.1. Users are encouraged to report any suspicious listings or behavior to help@nomadbarrio.com within 2 calendar days of discovery for rentals, or promptly for sales. While Nomad Barrio takes reasonable steps to verify listings, we do not guarantee the legitimacy of any property or user, and users remain responsible for conducting their own due diligence.

18. Termination and Suspension

18.1. Nomad Barrio reserves the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms or suspected fraudulent activity.

19. Severability

19.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

20.1. These Terms constitute the entire agreement between you and Nomad Barrio regarding your use of the Service and supersede all prior agreements or understandings.

21. Contact Us

If you have any questions about these Terms, please contact us at help@nomadbarrio.com.