Contact

Preamble

Considering that the purpose of this contract is to define in detail the services provided by the Company to the Client, as well as the reciprocal obligations of the latter within the framework of the rental management of a furnished accommodation intended for short-term rental.

Considering that Heiwa is a limited liability company whose purpose is to optimize in various aspects the accommodations of its customers and thus to promote the rental of said accommodations on online community platforms, in particular Airbnb, Booking.com, VRBO and other OTAs (Online Tourism Agency), for travelers looking for accommodation.

Considering that Heiwa provides through its task other services such as cleaning and laundry services.

It is agreed as follows between the parties:

Article 1 – Property

Type of object: ................................................
Number of people allowed: ............
Number of bedrooms: ...............
Address : ................................................ .....
Postcode and town: .............................................. .......cc781905-5cde-3194-bb3b-136bad5cf58d_
RF plot(s) number: ............................................ .................
Minimum price (per night):
☐ Fixed by the Customer: .......
☐ Fixed by Heiwa
Amount of the guarantee: ............

Article 2 – Object of the contract

The Customer confirms by his signature on this contract to have the rights useful for the valuation of the property described in art. 1 above mainly by renting it out and managing it, for remuneration.
The services provided by Heiwa are presented in the list of services and prices (hereinafter “Appendix 1”). These services are an integral part of this contract and define the possible and additional services selected and confirmed by the customer.

Article 3 – Platforms

The platforms on which the property can be presented are the following:

☐ AirBnB

☐ HomeAway

☐ Booking.com

☐ VRBO

☐ Other: …………………..

Article 4 – Opening of the online calendar

The calendar is open for a period of :

☐ 3 months
☐ 6 months
☐ 10 months (recommended)

from the day of confirmation of this contract
A minimum of 2 consecutive nights must be booked by travellers. This minimum can nevertheless be modified:

☐ …….. minimum nights

Article 5 – Duration and termination of the contract

This contract comes into force on the date of ............................ The contract is of indefinite duration.
Termination of this contract can be done at any time, in writing. In order not to cancel reservation(s) already made, the termination takes effect only at the end of the open duration of the calendar (according to art. 3).
In cases where this termination period is not respected by the Customer, in particular in the event of the sale of the property, and this results in the cancellation of traveler reservations, the Customer will assume any costs and penalties due in the event of cancellation. reservations provided for in art. 12.4 of this contract.

Article 6 – General obligations of Heiwa

Heiwa undertakes to perform the services selected by the Customer in Appendix 1 to the best of its ability.
Heiwa will respond diligently and faithfully to any reasonable request that complies with the contract and the law that the Customer or travelers may send to it.
Under no circumstances will Heiwa act or present itself as the owner or supplier of the goods according to art. 1 vis-à-vis third parties or travelers
Heiwa will inform the Customer of any reservation and rental of his property by a traveler. It will give the Customer access to the online booking calendar.
Heiwa takes the full price of the rental and then redistributes to the Customer the amount due to him according to the statement established monthly

Article 7 – General obligations of the Client

The customer undertakes to transmit all the information of his property described in art. 1, compliant, necessary for the performance of its task.
The Customer confirms that he has insured his furnished property against the risk of fire/natural damage, water damage, burglary, robbery and simple theft as well as glass breakage.
The Customer confirms that he has duly informed his insurance company that the property in question is rented.
The Customer confirms that the property described in art. 1 above meets the safety requirements in force for the reception of travellers, in particular the requirements for fire protection.
When Heiwa puts the Customer's property online, the Customer undertakes not to occupy it or make it available free of charge without informing Heiwa within the times defined with the Customer or via the online calendar.
In the event that a tax regulation would require the collection of a tax for the rental of the property described in art. 1 above (tourist tax, VAT, tax on income or profits, or other) the Customer undertakes to pay it and is solely responsible for its payment to the authority concerned. As needed, he will adapt the price demanded by the rental of his property in order to enable him to meet this obligation.
The Customer remains solely responsible for the operation, administrative management and costs of the heating and hot water installations, as well as other incidental costs of the property described in art. 1 above. The Customer remains solely responsible for the payment of the aforementioned costs.

Article 8 – Heiwa benefits and remuneration

The various services provided by Heiwa as well as their prices are listed and described in Appendix 1 of this contract.
Any additional service provided by Heiwa or costs not listed in Appendix 1 will be the subject of an amendment between the parties and additional invoicing.

Billing and payments are made as follows:

The set-up costs: must be paid by the Customer on the effective date of this contract
The annual fees: must be paid by the Customer on the date of entry into force of this contract and are directly deducted by Heiwa from the rental income
The rental management commission: is deducted by Heiwa directly from the rental amounts paid by travelers. It is calculated on the net amount of each rental, excluding cleaning costs, platform costs or other costs indexed to the rental.
Cleaning costs: are deducted from the rental amounts paid by travelers. They are paid by Heiwa directly.
Additional services: are invoiced independently to the Customer at the end of each month concerned and to be paid by the Customer within 30 days of receipt of the invoice
Penalty fees: In the event of a penalty for non-compliance with this contract, the fees are due within 30 days of receipt of the invoice.
The parties agree that any amount owed by the Customer to Heiwa under this art. 7, or any other possible amount due under this contract may be set off against any amount due by Heiwa to the Customer, and vice versa.

Article 9 – Payment of the rental price to the Customer

After retention by Heiwa of certain remuneration in accordance with Art. 7, the parties agree that the company will pay the Client the rental amounts of the property received from the travellers, monthly, within 30 days from the end of the month subject to payment. Are included in the monthly payment the amounts of rentals whose end of stay date coincides with this month.
All payments from Heiwa to the Customer are to be made by bank transfer

Article 10 – Recourse to third parties

Heiwa is expressly authorized to use third parties (hereinafter the "substitutes") to perform some of its services, in particular a cleaning company for households. Heiwa undertakes to check and correct, if necessary, the work provided by the substitutes to ensure the result.

Article 11 – Liability

Heiwa is liable to the Client for the proper and faithful performance of its services.
In cases where the liability of the company is engaged, it bears the actual costs of repairing the damage. When repair proves impossible, equivalent compensation is paid to the Customer.
In the event of damage caused by a substitute, Heiwa is only liable for the care with which this third party was chosen and his instructions were given. In the event that these elements have been correctly carried out, the responsibility of the company is not engaged. However, in this case, it undertakes to obtain compensation for the damage from the responsible substitute.
Heiwa can in no way be held responsible for the acts or omissions of others, in particular the Customer, the traveler, or any other person. They are solely responsible for their actions.

Article 12 – Repair of defects

In the event of repair or defect prior to a reservation or not being due to the rental of the apartment, Heiwa is not responsible for the repair or the management of the repair. It nevertheless collaborates with the customer in order to optimize the repair. Possible management fees could be requested from Heiwa if the management of the repair is too important.

Article 13 – Cancellation of reservations

In the event that a traveler cancels a confirmed reservation, before or after arriving at the property described in art. 1 above, the cancellation policy chosen and mentioned in the announcement by Heiwa will apply to said cancellation.
In the event of cancellation of a reservation by the traveler and in the event that the latter, in accordance with the chosen cancellation policy, must pay an amount in favor of the Customer, the rental management commission due to Heiwa remains and is calculated on the amount actually paid.
In the event of non-payment of the reservation by the traveler within 72 hours, Heiwa reserves the right to cancel said reservation without consequence.
In the event of cancellation of a reservation by the Customer, the latter undertakes to bear any reimbursements, costs and penalties which may be due to the traveller. The Client also undertakes to pay Heiwa a penalty of CHF 500.- in addition to the rental management commission which remains applicable. This article does not apply in cases of force majeure.

Article 14 – Position of Heiwa

To provide its services to the Customer, Heiwa is authorized to use the services of its partners and/or online booking community platforms, such as Airbnb, Booking.com, VRBO and other OTAs. In this context, Heiwa maintains and manages the contractual relations with said partners in its own name, on behalf of the Client (indirect representation).
In its relations with travellers, power is given to Heiwa to represent the Client (direct representation).

Article 15 – Ownership of the results of the services

The parties agree that all results created or generated under this contract as part of the performance of the services, including their content, including text, photos, documents, notes, correspondence, reports, as well as all intellectual property rights linked, are and will remain the property of Heiwa.

Article 16 – Force Majeure

Neither party shall be liable to the other for failure to perform its obligations under this contract for any period during which performance of its obligations has become impracticable or impossible due to a case of force majeure, provided that the cause of force majeure is immediately notified to the other party.

Article 17 – Exclusivity

By signing this contract and for the duration thereof, the Customer undertakes to grant Heiwa exclusivity concerning the rental of the property described in art. 1 above and the management thereof. In particular, the Customer undertakes not to rent the said property by his own means or by the services of a third party company.

Article 18 – Salvage clause

If a provision or an integral part of this contract is or proves to be ineffective, the validity of the rest of the contract shall not be affected. In such a case, the ineffective provision is automatically replaced by a valid provision corresponding as closely as possible to the economic purpose of the ineffective provision.

Article 19 – Applicable law and forum

This contract and the operations it provides for are subject to and must be interpreted in accordance with Swiss substantive law.
Any litigation, disagreement or claim arising from this contract and the operations it provides for or relating to them, including the validity, nullity, violation or termination of this contract, will be submitted to the ordinary courts of the Canton of Were worth, the appeal to the Federal Court being reserved.

Article 20 – Contract and modifications

This contract is made in two original copies, all initialed and signed on the last page by the parties.
Any modification, deletion, or amendment to this contract, including its Annex 1, can only be made by written notification and requires the approval of the other party.

Each party is required to inform the other party in writing of any change relating to its notification address (correspondence address and e-mail address).