General Terms and Conditions (GTC)



YourSweetHome Ltd, Gümüś Sokak 20/1, 99379 Girne- Çatalköy, North Cyprus

 

General Terms and Conditions (GTC)

 

For reasons of better readability, the simultaneous use of female and male gender-neutral forms of language is dispensed with in the following and the gender-neutral use of the masculine form is employed. All personal designations apply equally to both genders.

 

Client: The natural or legal person who commissions YourSweetHome Ltd. with the brokerage and management of the holiday property for the short-term rental of the living space.

 

1.contractual basis and scope

 

1.1 Contractual basis for the services to be provided by YourSweetHome Ltd. and the client are exclusively:

 

  • these GTC in the respective valid version
  • and the management, mediation and support contract (order form) concluded between YourSweetHome Ltd. and the client.

 

1.2. With the written signature of the management, mediation and support contract (order form) by the

       client and YourSweetHome Ltd. the GTC are deemed to be a relevant part of the contract.

 

1.3. The GTC also apply to future transactions between the contracting parties, even if no express

       reference is made to them.

 

1.4. Deviations from the GTC require in each case an explicit, prior written consent by YourSweetHome Ltd.

       to be legally effective.

 

1.5. All prices are net, plus the statutory value added tax. Any platform fees are not included in the service

       fee of YourSweetHome.

  

2. Services of YourSweetHome Ltd.

 

2.1. The management, mediation and support acts of YourSweetHome Ltd. are set out in the management,

       mediation and support contract (order form). The services to be provided are precisely described there.

 

2.2. YourSweetHome Ltd. has sufficient tourism expertise, material and personnel infrastructure to be able

       to perform the assignment. YourSweetHome Ltd. acts as an intermediary to conclude a contract

       between the guest and the landlord. YourSweetHome Ltd. provides the agreed services according to

       the state of the art and with the diligence of a prudent businessman. This under the best possible

       protection of the interests of the client. YourSweetHome Ltd. acts in another's name and for another's

       account.

 

2.3. YourSweetHome Ltd. does not offer a 24h service. YourSweetHome's office hours are Monday-Friday:

       09:00 - 17:00. For guests in the holiday properties, YourSweetHome is available until 21:00.

 

2.4. If YourSweetHome Ltd. deems it necessary for the performance of the contract, YourSweetHome Ltd.

       is granted the right, in particular, to have cleaning and repair activities carried out by third parties. This

       is usually done after consultation with the client. However, if there is imminent danger,

       YourSweetHome Ltd. will act to the best of its knowledge and belief, according to the urgency in the

       respective situation, as quickly as possible and is entitled to commission third parties without

       necessarily having to consult the client. The costs for this are the sole responsibility of the customer.

 

2.5. Any service charges are always exclusive of snow removal and garden maintenance. Window cleaning

       is not included in normal cleaning, but must be booked separately for a fee.

 

2.6. If the property is located in a complex with several owners who also have a valid contractual

       relationship with YourSweetHome Ltd, YourSweetHome Ltd is allowed to rebook guests in case of

       emergency.

 

3. duties and rights of the client

 

3.1. The client guarantees to have given all information truthfully when initiating and concluding the

       contract.

 

3.2. If a natural person concludes the services of YourSweetHome Ltd. in the name of a legal entity

       (company, association, etc.), the latter guarantees to be authorised to represent it.

 

3.3. By concluding the contract, the client guarantees that YourSweetHome Ltd. is authorised to rent out

       the residential property under the agreed conditions. The client accepts any liability towards third

       parties and authorities for claims arising from a lack of authority.

 

3.4.YourSweetHome Ltd. is not obliged to check the data, documents and information provided by the client

       for any ambiguities, incompleteness or inaccuracies.

 

3.5. It is the client's responsibility to inform the contractor of circumstances that may affect the proper

       performance of the management, brokerage or servicing. This includes, for example, renovation work on

       the house or other circumstances such as deficiencies in the living space which make adequate

       accommodation of guests impossible. The client must take care to keep up to date in this regard and

       inform YourSweetHome Ltd. immediately of any such circumstances. Should this not be done, the

       client shall bear the costs of any cancellations incurred as a result.

 

3.6. Insurance of the residential property is the sole responsibility of the client.

 

3.7. YourSweetHome Ltd. is only administrator, agent and caretaker of the residential property for the

       client. The rental contract is between the client and the guests. Any claims for damages (for example,

       due to damage to / in the living space caused by guests) arise exclusively against the guests.

       YourSweetHome Ltd. expressly assumes no liability for the actions of the guests.

 

3.8. The customer is responsible for paying the respective public-law and, in particular, tax duties.

       Expressly excluded from this is the payment of the local tax in the regular guest business. The

       customer shall also be responsible for compliance with any regulations under trade law.

 

3.9. The customer is responsible for the safety and ongoing maintenance of the residential property and

       undertakes to provide, replace or repair necessary wearing parts/lighting bulbs, appliances that have

       become defective due to normal wear and tear (e.g. hoover, microwave etc.) and inventory (such as

       kitchen utensils, shower head, roller blinds, defective windows etc.) himself. The client also

       undertakes to independently carry out on an ongoing basis the repairs, painting and maintenance work

       necessary for the upkeep of the residential property - such as the regular maintenance of the thermal

       bath or the regular inspection of the drain pipes to prevent blockages, as well as the inspection of

       sockets, electrical installations etc. - and to inform YourSweetHome Ltd. of this in a timely manner so

       that the work dates can be coordinated with the guest bookings. The client can charge

       YourSweetHome Ltd. for the duties in point 3.9.

 

3.10. Both contracting parties are obliged to promote the execution of the management, mediation and

         care order (order form) in content and on time. In the event of a guest complaint, the client is obliged

         to cooperate with YourSweetHome Ltd. to resolve any problems as promptly as possible.

 

3.11. The client is responsible for participating in the public waste disposal system and for providing waste

         bins of the correct size, which are sufficient for a high tourist occupancy. The customer is also

         responsible for coordinating any collection deadlines themselves so that guests are not negatively

         affected. The customer is responsible for the disposal of bulky waste and hazardous goods. The client

         may charge YourSweetHome Ltd. for the duties in point 3.11.

 

4. Own use of the property

 

4.1. If the residential property is not occupied by guests, the customer may use the residential property

       himself at any time. During his own use, the customer shall pay, in addition to the cleaning fee and the

       laundry costs, any legally prescribed fees, taxes and charges, such as the local tax and any tourism

       taxes prescribed by the authorities and/or the municipality.

 

4.2. In the event of cancellations of open bookings by clients for their own use of the residential property,

       YourSweetHome Ltd. reserves the right to assert resulting claims such as reputational damage and

       lost profits.

 

4.3. The client is obliged to inform YourSweetHome Ltd. of the respective planned owner-occupancy as

       soon as possible to enable a calendar update of the internet platforms and to avoid double bookings.

 

5. Payment and billing

 

5.1. Settlement shall take place monthly in arrears. Payment shall be made by the 25th day of the

       respective following month.

 

5.2. Payment shall be made via the respective internet platforms. The guest pays the price of the overnight

       stay + cleaning & laundry service + local tax and this is transferred to the account of YourSweetHome

       Ltd.

 

5.3. YourSweetHome Ltd. reserves the right of retention of the received key sets in case of non-payment of

       open and due claims.

 

6. Termination

 

6.1. The contract is concluded for an indefinite period. The contract may be terminated in writing by either

       contracting party with six months' notice to the last day of the month.

 

6.2. Upon termination of the management, brokerage and support contract, claims for work already

       performed, outstanding bookings and claims for damages shall remain valid. One-off payments

       according to the order form are non-refundable, irrespective of the duration of the contract. In case of

       termination despite open bookings of guests, YourSweetHome Ltd. expressly reserves the right to

       claim damages. In addition to the loss of profit, damages also include any damage to the reputation of

       YourSweetHome Ltd.

 

7. Liability

 

7.1. The client is solely responsible for the accommodation, in particular its condition, quality, suitability,

       safety and legality of letting to guests.

 

7.2. Any claims by guests due to cancellations by the customer are the sole responsibility of the customer.

       In this case, the client also assumes any claims asserted against YourSweetHome Ltd.

 

7.3. YourSweetHome Ltd. is not liable for any damage caused by guests during their stay or by third parties

       during the performance of their work.

 

7.4. YourSweetHome Ltd. is not liable for events of force majeure which make the contractual performance

       considerably more difficult for the contractor or temporarily hinder or render impossible the proper

       performance of the contract.

 

7.5. If the client is a consumer, the liability of YourSweetHome Ltd. for slight negligence, except for

       personal injury, is excluded.

 

7.6. If the client is an entrepreneur, the liability of YourSweetHome Ltd. for slight and gross negligence is

       excluded. In this case the client bears the burden of proof for the existence of fault. Consequential

       damages, immaterial damages or indirect damages as well as lost profits will not be compensated.

       The damage to be compensated shall in any case be limited to the amount of the interest in trust.

 

7.7. For pecuniary loss is liable only in case of intent and gross negligence on the part of YourSweetHome

       Ltd.

 

8. Changes

 

8.1. YourSweetHome Ltd. is entitled to change provisions of this agreement, which do not constitute

       primary obligations and do not change the contract structure as a whole, with a notice period of six

       weeks in advance. The respective amendment will be notified to the customer in writing by sending the

       new provisions. If a client has not objected to the validity of the amended provisions within six weeks

       after receipt of the notification, the amended provisions shall be deemed accepted. YourSweetHome

       Ltd. undertakes to expressly inform clients of the possibility of objection and the significance of the

       six-week period when sending the amended provisions. YourSweetHome Ltd. is entitled to amend the

       provisions at any time and without notice for regulatory and/or legal reasons. In this case,

       YourSweetHome Ltd. will also inform the client of the changes made.

 

9. Written form

 

9.1. Subsidiary agreements, amendments and additions to this contract must be in writing. This also

       applies to the amendment of the written form requirement.

 

10. Data protection

 

10.1. Upon conclusion of the contract, the client agrees to the privacy policy of YourSweetHome, available

         on website www.yoursweethome.eu.

 

10.2. The client agrees that YourSweetHome Ltd. advertises the residential property on Internet platforms

         and that for this purpose photos of the flat or the house are published on the Internet.

         YourSweetHome Ltd. may also use the photos for advertising purposes, both online and offline, for an

         unlimited period of time.

 

10.3. YourSweetHome Ltd. provides the services with the help of automated data processing. With the

         conclusion of the management, mediation and support contract, the client gives YourSweetHome Ltd.

         his express consent to the processing of data that have become known in the context of contractual

         relations and are necessary for the processing of the order.

 

11. Jurisdiction

 

        The exclusive place of jurisdiction is Lefkośa (Nicosia) in North Cyprus.

 

12. applicable law

 

        Only the law of Northern Cyprus is applicable. The UN Convention on Contracts for the International

        Sale of Goods is excluded.

 

13. severability clause

 

 

       Should individual provisions of these General Terms and Conditions or of the management, brokerage

       and support contract (order form) be invalid or become invalid or unenforceable after conclusion of the

       contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable

       provision shall be replaced by a valid and enforceable provision whose effects come as close as

       possible to the economic objective pursued by the contracting parties with the invalid or

       unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the

       contract proves to be incomplete.

 

Status: 01.01.2023