Short Term Rental Terms "Billy Krolik Relax Zone"

Only the Ukrainian version of our Terms & Conditions is legally binding. This is an automatically translated version of the source document, which can be found at: https://billykrolik.com/uk/short-term-rental-terms/.

PUBLIC OFFER

Private individual entrepreneur Pogorila Anna Volodymyrivna (hereinafter referred to as the “Landlord”), registered and operating in accordance with the legislation of Ukraine, on the one hand, and the Tenant: any person who has accepted this offer, hereinafter jointly — the Parties, and each individually — a Party, have concluded this Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Landlord to conclude a short-term lease agreement for a house with any Tenant.

By accepting this Agreement, the Tenants agree to the following terms.

This Agreement is concluded by providing the Tenant’s full and unconditional consent (acceptance) to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties.

The Agreement has legal force in accordance with the norms of current legislation and is equivalent to the Agreement signed by the Parties. The Lessee confirms the fact of familiarization with and agreement with all terms of this Agreement in full by acceptance.

By concluding this Agreement, the Lessee automatically agrees to full and unconditional acceptance of the provisions of this Agreement, prices for rental services and all annexes that are integral parts of the Agreement.

The text of this Agreement is posted on the Internet at https://billykrolik.com/uk/short-term-rental-terms/.

The provisions of this Agreement may be amended unilaterally by the Lessor. The new version of the Agreement and/or annexes to it shall enter into force from the moment of its publication on the Website.

If the Lessee does not agree with the terms of this Agreement, he has no right to conclude this Agreement, and also has no right to accept the property for rent from the Lessor. This Agreement is public, in accordance with Articles 633, 631 of the Civil Code of Ukraine, and its terms are the same for all Lessees, acceptance of the terms of which is considered acceptance of this offer by the Lessee.

1. TERMS AND CONCEPTS USED IN THIS AGREEMENT

1.1. Acceptance of the offer – the Tenant’s full and unconditional consent to conclude this Agreement in full, without signing a written copy of the Agreement by the Parties, by familiarizing himself with the terms of such Agreement before sending an application for booking rental services and paying for the rental services provided. The Tenant is considered to have agreed to the terms of this Agreement and the Rules of Residence if he has booked the house for the selected dates, placed a mark on the website about his agreement with this Agreement and the Rules of Residence, and made a payment.

1.2. Rental service – the Lessor’s actions to accommodate the Tenant and other guests staying/living with the Tenant, by providing a house for short-term rental, as well as other activities related to accommodation and temporary residence in the specified houses.

1.3. Guest (guests) – person(s) who have the right to stay in the rented houses together with the Tenant, the number of which the Tenant indicates when booking the rental of the house.

1.4. House – a house for the Tenant’s vacation and the corresponding number of guests together with the Tenant, which are equipped with everything necessary for recreation: furniture, electric stove, oven with microwave, refrigerator with freezer, dishwasher, coffee maker, as well as all necessary accessories for cooking and serving food. The type, size, number of rooms of each house offered for booking are indicated on the Lessor’s website.

1.5. Reservation – the process of ordering and paying for rental services and/or additional services in a certain amount by the Tenant, in order to use the services within the terms specified by the Lessor.

1.6. Cancellation – the Tenant’s refusal of the booked services, both in full and in a certain part.

1.7. Coupon code – an unconditional guarantee confirmation issued by the Lessor, confirming the Lessor’s obligation to provide rental services and/or other previously paid services to the bearer of such coupon code for the amount specified in such coupon code on the date agreed upon under the terms of this Agreement.

1.8. Generator – a device that generates electrical energy in order to ensure power supply during power outages.

1.9. Website – the Lessor’s website, which contains the current list of services and their cost, located at: https://billykrolik.com/uk/.

2. SUBJECT OF THE AGREEMENT

2.1. Under this Agreement, the Lessor provides Rental Services to the Lessee and his guests in accordance with the rental option booked by the Lessee within the agreed terms.

2.2. Services are provided in accordance with the procedure established by the current legislation of Ukraine and on the terms determined by the Lessor.

3. TERMS OF RESERVATION OF RENTAL SERVICES

3.1. Reservations are made exclusively through the Lessor’s website.

3.2. In order to order accommodation services in the Lessor’s Houses, as well as other related services, the Lessee makes a reservation through the Lessor’s website, for which the Lessee is obliged to select suitable dates for booking and select a House for rent on the Lessor’s website. In the event of availability on the dates selected by the Lessee, the Lessor has the right to reserve the selected House, for which he fills out the form on the Lessor’s website (Booking Application). In this case, the Lessee must provide all necessary data.

3.3. The Lessee is responsible for the correctness and reliability of all data provided to the Lessor.

3.4. Before sending a Booking Application through the Lessor’s website, the Lessee is obliged to familiarize himself with the terms of the Public Offer and the Rules of Residence, which are posted on the Lessor’s website. By placing a confirmation on the website, the Lessee agrees that he is familiar with and agrees with the Public Offer and the Rules of Residence.

3.5. After receiving the Booking Application from the Lessee, the Lessor checks the availability of available Houses for rent on the dates selected by the Lessee, and sends to the Lessee’s email or to another messenger of the Lessee either a booking confirmation or a refusal to confirm the booking, if there are no available Houses on the dates selected by the Lessee.

3.6. The Lessor’s message to confirm the booking indicates information about the booking: the House that is booked, the date and time of arrival and the date and time of departure, details for payment for rental services, information about the Lessor, information about the terms of cancellation of the booking. Additionally, the notification provides a link to the Public Offer and the Rules of Residence.

3.7. The Lessee shall make and pay for the reservation online independently using the details provided by the Lessor.

3.8. Payment for rental services indicates the Lessee’s unconditional agreement with the Public Offer and the Rules of Residence, which are posted on the Site.

4. RENTAL COST AND PAYMENT PROCEDURE

4.1. The cost of rental services is set in hryvnias and is indicated on the website and in the Booking confirmation. The rental cost may be changed unilaterally by the Lessor. The cost of already paid services cannot be changed.

4.2. All payments under the contract are made in hryvnias.

4.3. Payment for rental services is made on the terms of: 100% prepayment.

4.4. Payment is made no less than 30 days before the date of the Tenant’s arrival at the House booked for rental.

4.5. The parties agreed that in the event of failure to pay for the order within the time limit, less than 30 calendar days before the date of arrival, such a circumstance is equivalent to the Tenant’s refusal to make the reservation and in such case the Lessor has the right to cancel such reservation.

4.6. Payment for rental services less than 30 days before the date of arrival of the Tenant is allowed only if the reservation of the House and the confirmation of the reservation are made less than 30 days before the date of arrival of the Tenant. In such a case, payment for the reservation must be made by the Tenant no later than the next day from the date of receipt of the reservation confirmation from the Lessor. In the event of failure to pay for the order within the terms specified in this clause, such an event is equivalent to the Tenant’s refusal to make the reservation and in such a case the Lessor has the right to cancel the reservation unilaterally.

4.7. In addition to the cost of services, the Lessee pays a tourist tax in the manner and in the amount determined by the current legislation of Ukraine. Payment of the tourist tax is made simultaneously with payment for services.

5. CHANGES AND CANCELLATION OF RESERVATIONS

5.1. In the event of the need to cancel the reservation of ordered rental services, the Tenant must notify the Lessor of his decision. The amount of funds returned by the Lessor depends on the period in which the Tenant notifies the Lessor of the cancellation of the reservation.

5.2. In the event that the Tenant cancels the reservation of the House more than 30 (thirty) calendar days before the scheduled arrival date, the Lessor, at the Tenant’s choice: either returns 90% of the cost of the ordered rental services by transferring funds to the Tenant’s account, or provides a coupon code for the entire amount of the booked rental services, which can be used by the Tenant or another bearer of such coupon code to rent any House on other dates. The coupon code is valid for 12 (twelve) months from the date of payment by the Tenant.

5.3. If the Tenant cancels the reservation of the House less than 30 (thirty) and more than 20 (twenty) calendar days before the scheduled arrival date, the Lessor, at the Tenant’s choice: either returns 50% of the cost of the ordered services by transferring funds to the Tenant’s account, or provides a coupon code for 75% of the amount paid by the Tenant, which can be used by the Tenant or another bearer of such coupon code to rent any House on other dates. The coupon code is valid for 12 (twelve) months from the date of payment by the Tenant.

5.4. If the Tenant cancels the reservation of the House less than 20 (twenty) and more than 10 (ten) calendar days before the scheduled arrival date, the Landlord may provide a coupon code for an amount corresponding to 50% of the amount paid by the Tenant for rental services, which can be used by the Tenant or another bearer of such coupon code to rent any House on other dates. The coupon code is valid for 12 (twelve) months from the date of payment by the Tenant.

5.5. If the Tenant cancels the reservation of the House less than 10 (ten) calendar days before the scheduled arrival date, the Landlord provides a coupon code for an amount corresponding to 30% of the amount paid by the Tenant for rental services, which can be used by the Tenant or another bearer of such coupon code to rent any House on other dates. The coupon code is valid for 12 (twelve) months from the date of payment by the Lessee.

5.6. In the event of the Lessee’s failure to arrive on the scheduled day of arrival to stay in the House, the amount of money paid by the Lessee for rental services is not refundable.

5.7. In the event of the Lessee’s arrival and check-in to the House and subsequently expressing a desire to terminate the rental of the House not related to the quality of services, the Lessee’s paid expenses for rental services are not refundable.

5.8. In all cases of cancellation of the reservation, the Lessee’s advance payment for the hot tub or sauna services that the Lessee did not use is returned to the Lessee in the amount of 100% of the cost of such services either to the Lessee’s account or by issuing a coupon code (at the Lessee’s choice).

5.9. In all cases of cancellation of the reservation, the tourist tax paid by the Tenant is refunded to the Tenant’s bank account.

5.10. Changing the dates of the rental reservation is possible only by separate agreement with the Lessor. If the booking dates are changed to a later check-in date at the request of the Renter, the original check-in date remains valid as the date for determining the refund policy. If the check-in date is changed to an earlier date at the request of the client, the new check-in date is used to determine the refund policy.

6. LIABILITY FOR DAMAGE AND PROCEDURE FOR ITS COMPENSATION

6.1. The Lessee shall bear full property liability to the Lessor for all breakage, damage and destruction of any property, direct and indirect costs, penalties that were applied to the Lessor as a result of the actions of the Lessee and his guests, other recoveries from the Lessor in favor of third parties as a result of the actions of the Lessee and his guests. The Lessee agrees to reimburse the Lessor for any costs or losses incurred by the Lessor as a result of the Lessee’s breach of its obligations under this clause and, upon the Lessor’s request, to reimburse all such costs.

6.2. If, after entering the House, the Tenant discovers the fact of damage to the House, furniture, household appliances, other items available in the House, the Tenant is obliged to notify the Lessor of such circumstances and provide confirmation.

6.3. In the absence of any statements from the Tenant regarding the identified discrepancies in the House or property available in the House at the time of entering the House, the Tenant will not have the right to refer to the fact that such damage occurred before the date of the Tenant’s arrival.

6.4. In the event that, after the Tenant leaves the House, damage is discovered in such House or property available in the House, the Lessor will provide the Tenant with a claim for reimbursement of expenses, which will include a description of the items that are damaged. At the Tenant’s separate request, the Lessor will provide supporting evidence.

7. TERMS OF USE OF THE RENTED HOUSE

7.1. When booking the House, the Tenant indicates the number of guests who will live with him in the House and such number of guests together with the Tenant cannot exceed the number of guests who can simultaneously live in the House. The capacity of each of the Houses offered for rent is indicated on the Lessor’s website.

7.2. At the time of arrival at the House, the Tenant must ensure that the number of guests corresponds to the number indicated by him during the reservation.

7.3. In the event of a violation by the Tenant of the provisions of clauses 7.1 and 7.2 of this Agreement in terms of exceeding the number of guests, the Lessor reserves the right to refuse the Tenant entry to the House without providing any refunds and reimbursement of other expenses of the Tenant.

7.4. The Lessor provides a Generator for use on the premises of the House during periods of power outages. The Lessor does not guarantee the possibility of using the Generator in the event of its breakdown and the timing of its repair.

7.5. Guests are strictly prohibited from using the generator without permission. Please note that the generator is under video surveillance. If it is discovered that guests have used the generator on their own, they will be evicted from the house without any compensation. Any damages caused by unauthorized use of the generator by guests will be charged to these guests. Damages include any indirect damages incurred during the period of repair work.

7.6. The cost of using the Generator is specified in the Rules of Residence.

7.7. The Tenant is fully responsible for compliance with the Rules of Residence in the House both for himself and for other guests staying with him in the House.

7.8. The Houses have a billing hour system: Check-in time from 3:00 PM on the day of the lease commencement. Check-out time by 11:00 AM on the day of the lease termination. Check-in and check-out times may be changed by separate agreement between the Tenant and the Landlord.

8. RIGHTS AND OBLIGATIONS OF THE LESSEE AND LESSOR

8.1. The Lessee has the following rights:

— To refuse the reservation and/or change the reservation under the conditions stipulated in section 5 of this agreement.

— The Lessee has the right to receive the booked services within the time frame and in the amount stipulated in the reservation, which is accepted and confirmed by the Lessor.

8.2. The Lessor has the following rights:

— To demand from the Lessee compliance with the terms of this agreement.

— To demand from the Lessee full payment for the services, in the manner and within the time frame specified in the agreement. If payment is not received from the Lessee within the time frame specified in the agreement, to cancel the reservation.

— To refuse to rent the House in favor of the Tenant, if the Tenant provided the Landlord with unreliable data, and/or in the case of using forged documents, or using bank card data of individuals obtained illegally.

— The Landlord reserves the right to conduct video surveillance in public places to ensure the safety of the Tenants and visitors.

— The Landlord has the right to enter the House without warning at any time to inspect the House for damage to the House or property located in the House, in the event of: receiving complaints from other Landlords about illegal actions of the Tenant or other persons living with him in the House; having information about violations of the Rules of Residence by the Tenant and persons living with him; receiving information about facts of theft or damage to the Landlord’s property.

— The Landlord has the right to enter the Building in other cases not listed in the previous paragraph, provided that the Landlord notifies the Tenant of such actions at least 2 hours in advance. Such notification shall be provided by telephone and in writing (by e-mail and/or via messenger).

— The Building Security Guard may always enter the area surrounding the Buildings and technical premises without prior notification to the Tenant between the hours of 09:00 and 17:30. If the security guard needs to gain access to the area surrounding the Buildings and technical premises at other times, the Landlord or his authorized person shall notify the Tenant of such circumstance by telephone and in writing (by e-mail and/or via messenger).

— The Landlord is not responsible for any loss or damage to any personal belongings of the Tenant or guests staying with him in the Building.

— The Landlord has the right to evict the Tenant and his guests from the rented House without providing any compensation or monetary compensation in the event of a violation by the Tenant or his guests living with him in the House of the Rules of Residence.

8.3. The Tenant is obliged:

— Not to proceed with the booking without first familiarizing himself with the Public Offer and the Rules of Residence. If the Tenant has proceeded with the booking and payment for the order, the Landlord considers that the Tenant is fully familiar with and agrees with the terms of this agreement and the Rules of Residence.

— Provide all relevant data necessary for the booking.

— Pay the full cost of rental and other services on time.

— The Tenant undertakes not to smoke and not to allow other persons living/staying with him to smoke in the House. Smoking may be allowed outside the House provided that the Tenant guarantees that all related waste will be removed at the time of departure from the House.

— The Tenant undertakes not to commit any actions, and not to allow other persons to commit any actions, that will result in the Lessor losing the right to receive the insurance amount from the Insurance Organization with which the Lessor has a contract. Such actions include, but are not limited to: intentional arson of the Building or property, intentional damage or destruction of Buildings or property in such Buildings, setting off explosions, theft of property, open theft of property (robbery), committing an attack with the aim of taking possession of property combined with violence (robbery), intentional destruction or damage to property committed in a generally dangerous manner, etc.

— In the event of unlawful actions by the Tenant or persons he has accommodated in the Building, the Tenant agrees to compensate the Lessor for any losses or expenses incurred by the Lessor as a result of the Tenant’s breach of his obligations under clause 8.3 of the Agreement.

9. CONFIDENTIALITY TERMS

9.1. By accepting the terms of this Agreement, the Lessee consents to the processing of his personal data, as well as the personal data of persons on behalf of and for whose benefit he acts (including last name, first name, patronymic, e-mail, mobile phone number, etc.). This consent to the processing of personal data is indefinite and may be revoked by submitting a written application by the Lessee to the Lessor. The Lessee’s personal information is not subject to distribution, except in cases provided for by the legislation of Ukraine.

10. GROUNDS FOR RELEASE OF THE PARTIES FROM LIABILITY

10.1. The Parties are not liable for breach of their obligations under this Agreement, if it occurred through no fault of theirs.

10.2. The Parties are exempt from liability for partial or complete non-fulfillment or improper fulfillment of obligations under the Agreement, if they are the result of circumstances beyond the control of the Parties and which the Parties could not foresee or prevent (force majeure circumstances), including but not limited to: natural fire, flood, earthquake, natural disaster, military actions and other force majeure circumstances, and if these circumstances directly affected the performance of the Agreement.

11. FINAL PROVISIONS

11.1. This Agreement is drawn up in accordance with Articles 633 and 634 of the Civil Code of Ukraine and does not require a signature from the Tenant.

11.2. The Tenant must familiarize himself with the Agreement and the Rules of Residence before making a reservation.

11.3. Payment for services by the Tenant is evidence of familiarization with and agreement to the terms of this Agreement and the Rules of Residence.