TERMS OF SERVICE – AWARD CONTRACT
This constitutes the overall agreement between Nikolaos Foukarakis Eleftherios’s sole proprietorship with the distinctive title “360 LETTINGS, FOUKARAKIS NIKOLAOS, PROPERTY MANAGEMENT” – real estate management consultants, based in Kato Gouresis, Kato Gouresos Thermopylae, with VAT number 063346179, D.O.Y. Heraklion and on the other hand the contractor the following services described in detail. The acceptance of these terms by the other party, in combination with the completion of the Submission Form and the sending of an electronic copy to one of the parties, constitutes a validly concluded contract and binds the two parties on its terms.
Term 1 – Object of the contract :
The Contracting Party undertakes the online processing of reservations, the electronic promotion and promotion of the real estate (s) assigned to it by the other Contracting Party, with the aim of making the best possible use of it in the market of short-term leases and in particular all services, such as in condition 4 of the present. For this purpose, the other party declares responsibly and guarantees that he is the owner or that he has acquired a legal right from the owner of the property (s). In the event of a false declaration, one party reserves the right to withhold all the amounts it has received on behalf of the other party until the final settlement of the dispute, subject to legal redress and monetary compensation for its non-pecuniary damage. In addition, the other party is solely liable to any third party who makes claims regarding the fruits of the exploitation of the property (s).
Term 2 – Duration :
This contract is agreed as an indefinite contract and any of the parties can at any time make a written termination notice notified to the contracting party, resulting in the termination of the contract from the day following that termination. In case of any pending reservations concerning the lease of the property (s) for the period after the end of the contract, the results of the termination occur after their processing and liquidation.
Term 3 – Remuneration :
The remuneration of one party for the services provided to the other party is set at 15% of the net rent receivable of each booking. Derogation from the above mentioned fee rate may be by written agreement of the parties. This percentage will be collected and withheld by the party from the rent and then within 10 working days after the departure of the guest from the declared tourist accommodation will undertake to pay the remaining amount due to the other party by deposit or transfer to the bank account as stated on the online registration form. In case of cancellation of the reservation for reasons not due to the other party and if he receives cancellation fees, the contracting party is entitled to the total percentage of his fee as defined in this article on the cancellation fees. The remuneration of one of the parties will be paid in accordance with the provisions of this article of the contract and its payment does not depend on any terms, conditions or other restrictions, except on the fulfillment of the services provided by the first to the second. For the above services, a service invoice will be issued at the end of the season, which will include all kinds of expenses and the respective tax and other charges.
Term 4 – Obligations of one Party :
The other party hereby grants to the other party the power of attorney to carry out the following actions:
- To create and publish an internet profile of the other party with all the necessary personal data of him / her and the real estate, with relevant descriptions, photos, videos and other details.
- To process the personal data of the other party, as well as the data of the transactions concerning the real estate / s, in order to fulfill the purpose of this contract and to communicate them to the cooperating platforms.
- To get in touch with the interested visitors / guests for the real estate / s in cooperating platforms of short-term real estate rental or wherever else he deems it appropriate, in order to better promote him / them.
- To collect the rents from the guests / guests and to return to the other party the corresponding amount from the reservations, after withholding the agreed percentage of his fee and deducting any other reservation from the platforms.
Term 5 – Obligations of the other Party :
In addition to the remuneration, which he owes to one party, as defined in term 3 hereof, the other party is obliged to:
- Take care to keep the property (s) available and in good condition. After the finalization of each reservation by one party, the other party bears the sole responsibility for its smooth handling, as well as the responsibility towards the guests for the smooth handling of their stay in the real estate / s and for the type and quality of services provided by the service.
- Do not cancel a confirmed reservation or reduce the amount of the reservation without the prior explicit consent of one party, otherwise it will be borne exclusively by the party and the other party will still be entitled to the full percentage of his remuneration as defined in Article 3 hereof. of the canceled reservation.
- Recognizes that all copyrights that may be created under this contract (eg his / her real estate photos, texts, videos, etc.) belong to the exclusive intellectual property of one party.
- It grants the express permission of the party to use this material in any way it deems appropriate, posting it freely on the internet, sending it to unknown recipients as part of promotions and generally promoting it in any way it decides, for the best the purposes of this Convention.
Term 6 – Annexes
An integral and essential part of this contract are all the annexes, additional acts that supplement or modify the terms of this contract, if signed by both parties to this contract. It is also expressly agreed that any change to the terms herein will only be made by written agreement between the parties.
Term 7 – Assignment :
This contract is not assigned or transferred to any third party in whole or in part nor can any of the parties be replaced by another non-contracting person.
Term 8 – Liability :
The parties acknowledge that there is no liability on the part of either party in the event of non-lease in whole or in part for the duration of this contract, as well as policies for bookings, payments, cancellations, refunds, etc. followed by the platforms on which the property (s) will be registered, nor for any collaborations with third party companies. Also, neither party is liable to the other in case of inability to fulfill any obligation arising from this contract due to force majeure.
Term 9 – Jurisdiction – Applicable Law :
- Applicable law hereby agrees with Greek law.
- Exclusively competent courts, in case of any dispute / judicial dispute arising from the present, are designated the substantively competent courts of the city of Heraklion.