YourSweetHome division of K&U Consulting Ltd., Gümüś Sokak 20/1, 99379 Girne- Çatalköy, North Cyprus
General Terms and Conditions (GTC)
For reasons of better readability, the simultaneous use of feminine and masculine gender-neutral language forms is avoided in the following and the gender-neutral use of the masculine language form is used. All personal designations apply equally to both genders.
Client: The natural or legal person who commissions YourSweetHome, a division of K&U Consulting Ltd., with the brokerage and management of the holiday property for short-term rental of the living space.
1.contractual basis and scope
1.1 Contractual basis for the services to be provided by YourSweetHome and the client are exclusively:
1.2. With the written signature of the management, mediation and support contract (order form) by the
client and YourSweetHome 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
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
2.1. The management, mediation and support acts of YourSweetHome are set out in the management,
mediation and support contract (order form). The services to be provided are precisely described there.
2.2. YourSweetHome has sufficient tourism expertise, material and personnel infrastructure to be able
to perform the assignment. YourSweetHome acts as an intermediary to conclude a contract
between the guest and the landlord. YourSweetHome 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 acts in another's name and for another's
account.
2.3. YourSweetHome 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 deems it necessary for the performance of the contract, YourSweetHome
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 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, YourSweetHome 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 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 is authorized 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 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 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 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 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 of this in a timely manner so
that the work dates can be coordinated with the guest bookings. The client can charge
YourSweetHome 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 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 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 reserves the right to assert resulting claims such as reputational damage and
lost profits.
4.3. The client is obliged to inform YourSweetHome 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.
5.3. YourSweetHome 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 expressly reserves the right to
claim damages. In addition to the loss of profit, damages also include any damage to the reputation of
YourSweetHome.
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.
7.3. YourSweetHome 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 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 for slight negligence, except for
personal injury, is excluded.
7.6. If the client is an entrepreneur, the liability of YourSweetHome 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
8. Changes
8.1. YourSweetHome 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
undertakes to expressly inform clients of the possibility of objection and the significance of the
six-week period when sending the amended provisions. YourSweetHome is entitled to amend the
provisions at any time and without notice for regulatory and/or legal reasons. In this case,
YourSweetHome 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 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 may also use the photos for advertising purposes, both online and offline, for an
unlimited period of time.
10.3. YourSweetHome provides the services with the help of automated data processing. With the
conclusion of the management, mediation and support contract, the client gives YourSweetHome
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