1. KyivHospitality
  2. Public agreement

Public agreement

 

1. GENERAL PROVISIONS

1.1. The lease agreement for residential premises (apartment) is constituted by this offer (hereinafter referred to as – the "Offer") and the Online Application (Acceptance), collectively termed as the "Agreement". The activity of leasing residential premises (apartments) falls within the purview of the Limited Liability Company "KYIV HOSPITALITY" (tax code 44654978) (hereinafter referred to as the "Lessor") engaged in business under code No. 68.20 "Rental and operation of own or leased real estate".

1.2. The Offer represents a standard form as defined by Article 634 of the Civil Code of Ukraine, capable of being accepted by another party through adherence to the Agreement in its entirety. The Offer is signed by the Lessor and sealed with the Lessor's stamp (if available) in a one copy, which is kept by the Lessor. The Lessee may join by submitting the Online Application.

1.3. The Lessor is the LLC "KYIV HOSPITALITY."

The Lessor and the Lessee are collectively referred to as the "Parties" and individually as a "Party."

1.4. The Lessee is an able-bodied natural or legal person, who joins this Offer in accordance with the terms and provisions of Articles 634 and 642 of the Civil Code of Ukraine by accepting this Offer through the following actions, either collectively or separately:

  • completing a form on the Website: kyivhospitality.com (hereinafter referred to as the "Website");
  • making payment of the amount specified in the Online Application in favor of the Lessor on the Website;
  • obtaining access keys to the Apartment from authorized representatives of the Lessor, which are lawfully in his possession, under his control, or leased. Access keys may be provided physically (keys, LCD cards, contactless key fobs) and/or electronically (passwords to LCD, tokens, etc.) to any electronic device via electronic communication.

Through this joining (execution of definitive actions), a legally competent natural or legal person enters into an Agreement, receiving a personal number from the Online Application.

1.5. The performance of one or more actions specified in Clause 1.4 of this Agreement is considered the Lessee's acceptance of the offer to conclude the Agreement (execution of acceptance), confirming the complete and unconditional acceptance by the Lessee of the terms of this Agreement, policies, rules, and other documents of the Lessor published on the Website, without any reservations or remarks pursuant to Article 642 of the Civil Code of Ukraine. By accepting the Lessor's offer (public offer), the Lessee agrees to all the terms of this Agreement, confirming an understanding of the Agreement's content and the legal consequences of its conclusion. This acceptance also attests that the Lessee is not under the influence of error, deception, violence, threats, etc. Additionally, the Lessee confirms familiarity with the Agreement, policies, rules, and other documents of the Lessor published on the Website, along with an awareness of their rights. The terms of the Offer are publicly accessible and posted on the Website. The Lessee commits to unconditional adherence to the terms of this Agreement.

This Agreement is considered as an online agreement under Article 3 of the Law of Ukraine On Electronic Commerce and is formed using available information and telecommunication systems, and incapable of being invalidated due to its execution in online form. This Agreement may be provided in paper form at the request of the Lessee, and it can also be printed independently by the Lessee from the Website.

1.6. The characteristics of the Apartment, the rent amount, the lease term, and other conditions are determined by the Lessee in the Online Application generated on the Website during the acceptance of this Offer through the execution collectively or separately of definitive actions specified in Clause 1.4 hereof.

1.7. The Lessor disclaims any possible liability associated with any (temporary and/or partial) breakdowns, failures, downtimes, blackouts, force majeure, interruptions, or unavailability, and excludes any such liability. The Lessor does not guarantee that the services will meet the goals and expectations of the Lessee or any other person.

1.8. Except as expressly provided in this Agreement, the Lessor makes no assurances and provides no guarantees, implied or otherwise, concerning the subject matter of this Agreement and expressly disclaims any possible guarantees.

1.9. The Lessee is informed that the Apartment is not intended for temporary accommodation, nor is it an institution of temporary accommodation, and the Lessor does not provide hotel services.

 

2. SUBJECT AND PURPOSE OF THE AGREEMENT

2.1. The Lessor provides the Lessee with a fixed-term paid use (lease) of an individually determined property - a residential premises (hereinafter referred to as the "Apartment"), which is equipped with furniture and household appliances (hereinafter together or separately - the "Property") in accordance with the Online Application.

2.2. The Lessor undertakes to transfer to the Lessee for a fixed-term paid use, and the Lessee undertakes to accept the Apartment for a fixed-term paid use (rent) with the characteristics and on the conditions specified in the Online Application (hereinafter referred to as the "Online Application "), in the exemplary form, which is Appendix No. 1 to this Agreement. The Lessee rents the Apartment for the purpose of personal residence and/or residence of the persons specified by the Lessee in the Online Application.

2.3. The total number of persons specified in the Online Application may not exceed 2 persons.

2.4. The list of Property located in the Apartment can be placed in any prominent and accessible place in the Apartment or displayed in the Online Application.

2.5. The Apartment is transferred to the Lessee in proper technical condition, fully suitable for the purpose of use. The Lessee has no objections to the condition of the Apartment, its equipment.

 

3. TERM OF LEASE

3.1. The lease term of the Apartment is determined in accordance with the content of the Online Application, and in any case may not exceed one year.

3.2. The rental period is calculated in "rental days," the first rental day starts at 14 hours 00 minutes and ends at 14 hours 00 minutes the next day, the last rental day starts at 14 hours 00 minutes and ends at 11 hours 00 minutes the next day, the duration of the last rental day is 22 full hours. If the lease term is one day, then such a day begins at 14 hours 00 minutes and ends at 11 hours 00 minutes. The time zone identifier is Europe/Kyiv.

3.3. If, at the request of the Lessee (provided that such a request can be satisfied by the Lessor), the lease term begins earlier than 14 hours 00 minutes of the first day of the lease, the Lessee shall pay the Lessor an additional 50% of the cost of the rental day specified in the Online Application.

3.4. The lease term may be extended by mutual agreement of the Parties, which is executed by a new Online Application, unless the Parties agree otherwise.

 

4. RENT PAYMENT AND SETTLEMENTS UNDER THE AGREEMENT

4.1. The total price of the Agreement is determined from the amount of the rent payable by the Lessee under the Application/Applications - Accession. The amount of rent for the use of the Apartment is the amount specified in the Online Application.

The rent also includes:

  • the cost of using the Property;
  • the cost of voluntary liability insurance of citizens during the operation of a residential premises;
  • the cost of utilities (cold, hot water, water supply services, electricity, heating, house and house territory maintenance, Internet and television);
  • the cost of services for the organization of protection of the facility, comprehensive protection, including the use of technical safety equipment;
  • all due taxes and fees.

The monetary unit of payment is the Ukrainian hryvnia (UAH). Types of payment cards accepted for online payment are: "VISA" (all types except "Electron," "Domestic"), "VISA Electron," "Master card," except "Cirrus" and "Maestro," "Privat Card" and "Prostir."

The Lessee undertakes to confirm upon settlement that he/she is the owner of the card from which the payment was made. In the absence of such confirmation in order to prevent fraudulent transactions, that is, transactions that can be carried out using a payment card without the permission of its owner (including the use of a lost/stolen/fake payment card) and/or using information about the details of the payment card without the consent of its owner (including information obtained by fraud), the Lessor has the right to refuse to settle

4.2. The rent for the entire rental period shall be paid by the Lessee until the Apartment is provided for lease (rent).

4.3. As a guarantee of the Lessee's compliance with its property obligations hereunder, the Lessor has the right to take from the Lessee the amount of the security guarantee payment specified in the Online Application. The amount of the security guarantee payment is returned to the Lessee after the lease term ends only if the Lessor has no justified claims regarding the condition of the Apartment and Property (including the return of access keys). In all other cases, the amount of the guarantee payment is not returned to the Lessee. A security guarantee payment is not a deposit within the meaning of Article 570 of the Civil Code of Ukraine.

4.4. In case of early termination (termination) of the Agreement, the Lessee pays the rent for the entire period specified in the Online Application. The expiry of the Agreement does not release the Lessee from the obligation to pay rent arrears, if any, in full, including fines (if provided for in this Agreement).

4.5. In the case of early termination of the Agreement at the initiative of the Lessee:

  • -within 48 hours after acceptance of the Offer, but at least 8 (eight) calendar days before the beginning of the first day of the lease - such termination is free of charge. If the Lessee has made payment, such payment shall be returned by the Lessor within 30 business days in the amount of 100% to the bank account from which the payment was made, minus bank and other mandatory commissions of third parties;
  • at least 7 (seven) calendar days before the beginning of the first day of the lease - the Lessee charges a fine of 50% of the rent specified in the Online Application. If payment has been made by the Lessee, such payment shall be returned by the Lessor within 30 business days less 50% of the rent amount specified in the Online Application to the bank account from which the payment was made less bank and other mandatory commissions of third parties;
  • efore the beginning of the first day of the lease, the Lessee charges a fine of 100% of the rent amount specified in the Online Application.- 24 hours (or less) b

The amount of the fine may be covered by the Lessor at the expense of the guarantee payment, if such was provided by the Lessee.

4.6. If pets/service animals are planned to stay in the Apartment together with the Lessee or the persons specified in the Online Application, such stay must be additionally approved by the Lessor. The Lessor reserves the right to terminate the Agreement in case of refusal of the Lessee's request regarding the stay of pets/service animals in the Apartment. If the Lessor approves such a request, the Lessee is obliged to pay the Lessor an additional fee, the amount of which is determined in the Online Application.

4.7. If the Lessee suspects that an unauthorized or fraudulent use of the Lessee's payment instrument has been made on the Website, the Lessee must immediately contact the Lessor and the bank or issuer of the payment instrument.

 

5. RIGHTS AND OBLIGATIONS OF THE LESSOR

5.1. The Lessor shall:

  • ensure unhindered use by the Lessee of the Apartment and the Property contained therein under the terms of this Agreement;
  • after the Lessee makes payment, send to the e-mail specified by the Lessee a confirmation of payment;
  • not to take actions that would prevent the Lessee from using the leased Apartment with the specified Property under the terms of this Agreement.

5.2. The Lessor has the right to:

  • monitor the availability and use of the Apartment with the Property leased under this Agreement;
  • refuse to lease the Apartment to the Lessee, in particular, but not exclusively in the following cases: when the Lessee and/or persons specified in the Online Application, provide documents that raise doubts about their validity; providing the Lessee with inaccurate, erroneous or misleading information regarding the purpose of renting the Apartment; there is a suspicion that the Lessee and/or persons specified in the Online Application is in a state of alcoholic or narcotic intoxication; The Lessee and/or persons who behave inadequately (aggressiveness, rudeness, threats, rudeness) towards other persons in the Online Application; if the Lessee and/or persons specified in the Online Application have visible signs of diseases (open wounds, wounds, symptoms of COVID-19, etc.); the presence of the Lessee and/or persons specified in the Online Application of animals about which were not reported to the Lessor; the Lessee and/or persons specified in the Online Application of bulky items, flammable, explosive and flammable substances and items, weapons; non-compliance of the Lessee and/or persons specified in the Application- accession with sanitary and hygienic standards;
  • take the initiative to amend the Agreement;
  • unilaterally terminate the Agreement;
  • monitor the condition of the Apartment and the Property located in it by visual inspection, but with the obligatory warning of the Lessee.

5.3. The Lessor shall have the right, as a security for the fulfillment of the terms of this Agreement, to charge the Lessee a subscription in the amount of the cost of the first day of rent or in the amount of rent specified in the Online Application, before the beginning of the lease term. Such subscription shall be charged using authorization operations using bank payment card data provided by the Lessee. The payment transaction is carried out by the Acquiring Bank of the Lessor, which has a certificate according to the PCI DSS payment card industry data security standard and complies with the legislation of Ukraine, the regulatory acts of the National Bank of Ukraine, which regulate operations using bank cards and other special means of payment.

5.4. The Lessor has the right to prematurely terminate the Agreement with the Lessee with the requirement to the Lessee and the persons specified in the Online Application to immediately leave the rented Apartment of the Lessor in case of gross violation by the Lessee or the persons specified in the Online Application of the obligations hereunder.

5.5. The Lessor shall be entitled to apply (in cases of non-payment of the Rent, or non-compliance by the Lessee with fire safety rules, sanitary norms, use of the Apartment not for the intended purpose, or other obligations of the Lessee under the Agreement) operational and economic sanctions, namely:

  • the use by the Lessor of its right to retain things (Article 594 of the Civil Code of Ukraine) that are in the rented Apartment, if the Lessee does not fulfill its monetary obligations arising from this Agreement and meet its requirements for the cost of these things in the manner prescribed by law for the realization of the subject of collateral. If the Lessor exercises such right, the Lessee shall not be entitled to demand compensation from the Lessor for any losses or compensation for any damage that could result from the actions of the Lessor committed under this clause of the Agreement;
  • refusal to enter the Agreement with the Lessee or persons specified in the Online Application in the future.

5.6. If the Lessee, or persons specified in the Online Application, leaves any things in the Apartment after the expiration of the lease term, the Lessor has the right to dispose/remove such things as household or solid waste in accordance with the Law of Ukraine On Waste. The left items are not stored by the Lessor. Storing things and taking them into storage is not the responsibility of the Lessor. The landlord is not responsible for the safety of things, money and other valuables.

 

6. RIGHTS AND OBLIGATIONS OF THE LESSEE

6.1. The Lessee shall:

  • use the rented Apartment exclusively in accordance with the purpose of the lease determined in accordance with the content of this Agreement, namely, for its own residence or residence of the persons specified in the Online Application, in accordance with Article 383 of the Civil Code of Ukraine;
  • provide documents (present originals for photocopying) that certify the identity of the Lessee and persons specified in the Online Application, such documents may be: passport of a citizen of Ukraine; ID-card of a citizen of Ukraine; passport of a citizen of Ukraine for traveling abroad; diplomatic or service passport; seafarer's identity card; residence permit of a person who lives in Ukraine but is not a citizen of Ukraine; national passport of a foreigner or a document replacing it; birth certificate of minors under the age of 16; driver's license; for the military - a personal certificate or military ID; certificate issued at the place of work of the consumer; other.
  • timely and fully pay rent;
  • ensure the safety of the Apartment and the Property located in it, prevent their damage and damage, keep them in the manner prescribed by sanitary norms and fire safety rules;
  • maintain the Apartment and the Property in it in proper condition, no worse than at the time of its lease, taking into account normal physical wear and tear, implement fire safety measures;
  • strictly adhere to the fire rules (Fire Safety Rules approved by the Order of the Ministry of Internal Affairs of Ukraine of 30.12.2014 No. 1417) as well as the rules for the use of thermal and electrical energy" to prevent overloading of power grids;
  • comply with the smoking procedure only in specially designated places, be responsible for violating the legislation on measures to prevent and reduce the use of tobacco products and their harmful effects on public health (Law of Ukraine "On measures to prevent and reduce the use of tobacco products and their harmful effects on public health");
  • comply with sanitary norms and norms of permissible noise in residential premises, the Rules for the improvement of the city of Kyiv, approved by the decision of the Kyiv City Council of 25.12.2008 No. 1051/1051;
  • observe the rules for the operation of residential buildings and residential premises (Rules for the use of premises of residential buildings and dormitories, approved by the Cabinet of Ministers of Ukraine dated 08.10.1992 No. 572) in terms of ensuring the rights of residents of residential buildings, their safety, compliance with the established rules and norms for the use of premises;
  • comply with regulations related to the introduced martial law;
  • provide the Lessor with access to the Apartment and the Property located in it in order to check their condition and compliance with the direction of use for the intended purpose specified in this Agreement;
  • in case of termination or termination of the Agreement, return to the Lessor, the Apartment and the Property in it, in proper condition, no worse than at the time of their lease, taking into account normal physical wear and tear, and compensate the Lessor for losses in case of deterioration or loss (full or partial) of these Apartments and Property;
  • do not install locks on the front door to the Apartment;
  • not to hand over the Apartment and the property in it for sublease, not to perform other actions aimed at limiting the Lessor's ownership;
  • comply the Rules of the relevant communal enterprise regarding the use of premises of residential buildings and not violate the usual way of life of residents of the apartment building where the Apartment is located;
  • prevent unauthorized persons other than those specified in the Online Application from transferring access keys to the Apartment in any way to any persons other than those specified in the Online Application
  • do not store bulky objects, flammable, explosive and flammable substances and objects, narcotic, psychotropic substances in the Apartment. Do not enter or store in the Apartment materials and objects that are dangerous to the life and health of others;
  • prevent pets or other animals from entering the Apartment, except for those specified in the Online Application;
  • comply the procedure for throwing garbage in a special allotment for this place;
  • not to violate generally accepted norms of behavior, including not to be in the Apartment and in the premises of an apartment building where the Apartment is in a state of alcoholic or narcotic intoxication;
  • not to show aggression or actions that threaten the safety of health or property of others;
  • be responsible for fire safety;
  • indemnify the Lessor in full for all losses resulting from the actions or omissions of the Lessee or the persons specified in the Online Application, including as a result of violation of the terms of the Agreement;
  • indemnify third parties (including but not limited to neighbors, etc.) in full all losses arising from the action or inaction of the Lessee or persons specified in the Online Application, including as a result of violation of the terms of the Agreement;
  • while using the Apartment, follow all the instructions of the Lessor, which are placed on information boards (stickers and other materials) in the Apartment;
  • in the case of a third-party claim, the Lessee shall act in good faith and cooperate with the Lessor in protecting and/or settling such claim, the Lessee shall try to prevent and avoid conflicts with the neighbors of the apartment building where the Lessor's residential premises are located, citing only reasonable and credible counterarguments.

6.2. The Lessee has the right to:

  • use the Apartment and the Property in it in accordance with its purpose and the terms of this Agreement;
  • cancel the Agreement free of charge not later than 14 days before the lease term;
  • use communication systems that are located in the Apartment.

 

7. APARTMENT RETURN PROCEDURE

7.1. After the expiration of the lease term, the Lessee is obliged to hand over the Apartment to the Lessor, leave it no later than 11:00 a.m. on the day of the expiration of the lease term, and to free the Apartment from the belongings of all persons specified in the Online Application.

7.2. Within the period specified in clause 7.1. hereof, the Lessee shall ensure the departure of all persons living in the Apartment and prepare it for return to the Lessor.

7.3. The Apartment and the Property located in it are considered to be actually transferred (returned) to the Lessor from the moment of departure of all persons who lived in the Apartment and the transfer of all access keys to the Apartment.

7.4. The Apartment and the Property located in it shall be transferred to the Lessor in the same condition in which they were transferred for rental use, taking into account their normal physical wear and tear.

7.5. From the moment of transfer of the keys by the Lessee to the Lessor, the Lessee refuses any claims to the Lessor.

 

8. SPECIAL CONDITIONS

8.1. Cleaning of the Apartment, replacement of bed linen and towels, or addressing any defects will be carried out considering resources and at the Lessor's expense, starting from the first day of renting the Apartment in a pre-agreed time period between the Parties – from 9:00 AM to 9:00 PM every every seven nights (regardless of the presence or absence of the Lessee or individuals specified in the Online Application).

8.2. The Lessee and persons specified in the Online Application are prohibited to carry out photo, film, TV or video recording in the Apartment.

8.3. The Lessee and the persons specified in the Online Application agree to conduct video recording (24/7 video surveillance mode) in common areas (living room, entrance group) and are familiar with the rules for its implementation.

8.4. All obligations of the Lessee shall apply to the persons specified by the Lessee in the Online Application.

 

9. LIABILITY OF THE PARTIES FOR BREACH OF AGREEMENT

9.1. In the event of a breach of an obligation arising from this Agreement (hereinafter referred to as "breach of the Agreement"), the Party bears the responsibility defined by this Agreement and (or) current legislation.

9.2. A breach of the Agreement is its non-performance or improper performance, that is, performance in violation of the conditions defined by the content of this Agreement.

9.3. The Lessee bears the following responsibility:

  • in case of delay in the return of the Apartment - a fine in the amount of the cost of a day's stay;
  • in case of misuse of the Apartment - a fine of 100% of the total rent payable under this Agreement;
  • for the transfer of the Apartment (in whole or in part) to sublease to other persons, or other actions which result in the limitation of the Lessor's ownership - a fine of 100% of the total rent payable under this Agreement.
  • for violation of other obligations stipulated by this Agreement, a fine in the amount of 100% of the total amount of rent payable under this Agreement;
  • in case of damage to the Apartment, Property, engineering and other communications of the Apartment, the Lessee shall reimburse the damage at its own expense in full in accordance with commercial prices at the location of the property as of the date of the relevant restoration/repair works/acquisition of the new Property. The defective certificate shall be drawn up by the Parties if damage, property, engineering and other communications are revealed when the Apartment is returned to the Lessor. In case of doubt as to the nature and extent of the damage caused, the Party (Party) may involve an independent expert to conduct an examination, based on the results of which the Parties enter into a Defect Report. In case of repeated (more than twice) evasion of the Lessee from drawing up such an act, the Lessor may draw it up independently and in this case the Parties recognize that the act thus drawn up is binding on both Parties. Payment of the insurance premium by the insurance company upon the occurrence of an insured event in any case does not relieve the Lessee from fulfilling the terms of the Agreement.

9.4. The Lessee is responsible for the distribution of content protected by copyright if such distribution was carried out using the IP address of the Lessor, the end user of which is the Lessor. The Lessee is responsible for any offenses committed involving the Lessor's IP address during the lease term.

9.5. In case of non-fulfillment or improper fulfillment of the terms of the Agreement, the guilty Party shall compensate the injured Party for the amount of the latter's losses.

9.6. The Party is considered innocent and is not liable for breach of the Agreement, if it proves that it has taken all measures dependent on it to properly fulfill the terms of this Agreement.

9.7. The Lessee is fully responsible for the actions or inactions of the persons specified in the attached Online Application.

9.8. The Lessor is not responsible for the quality of services provided by third parties (utility services, maintenance services for the house and surrounding area, heating services and other services).

9.9. The Party is not responsible for failure to fulfill or improper fulfillment of its obligations, if it proves that it was caused by a force majeure circumstance beyond its control and that it could not reasonably be expected to take this obstacle into account when concluding the Agreement or to avoid or overcome this obstacle, or its consequences (as a result of force majeure). The Party in relation to which such circumstances have occurred shall immediately notify the other Party and send relevant documents confirming the occurrence of force majeure circumstances issued by the competent authorities.

9.10. The application of fines and other sanctions is the right, not an obligation of the Lessor.

 

10. RESOLUTION OF DISPUTES

10.1. All disputes arising from or related to this Agreement are resolved through negotiations between the Parties.

10.2. If the respective dispute cannot be resolved through negotiations, it is settled in a court in accordance with the jurisdiction and subject matter jurisdiction of such dispute as established by the current legislation in Ukraine.

 

11. DURATION OF THE AGREEMENT, OTHER TERMS

11.1. This Agreement is considered concluded and takes effect from the moment of performing together or separately the relevant conclusive actions specified in clause 1.4 of the Agreement.

11.2. The validity of this Agreement terminates upon the expiration of the lease term defined in Section 3 of the Agreement, except in cases specified in clause 5.4. of this Agreement.

11.3. The expiration of the term of this Agreement does not exempt the Parties from liability for its violation that occurred during the term of this Agreement, except as specified in clause 5.4. of this Agreement.

11.4. Unless otherwise expressly provided by the Agreement or the current legislation of Ukraine, this Agreement can be terminated only by agreement of the Parties, except in cases specified in clause 5.4. of this Agreement.

11.5. This Agreement is considered terminated from the moment of proper execution by the Parties of the respective additional agreement, unless otherwise specified in the supplementary agreement itself, this Agreement, or in the current legislation.

11.6. The Agreement may be terminated at the request of one of the parties to the Agreement in case of non-performance by the other Party of the obligations stipulated by this Agreement.

11.7. The Lessor or the Lessee has the right to terminate this Agreement by notifying the other Party in advance no later than 14 days before the start of the lease term determined in accordance with the terms of this Agreement.

 

12. FINAL PROVISIONS

12.1. All legal relations arising from or related to this Agreement, including those related to its existence, conclusion, performance, modification, and termination, the interpretation of its terms, determination of consequences of invalidity or breach of the Agreement, are governed by this Agreement and the relevant provisions of the current legislation of Ukraine. They are also subject to the business customs applicable to such legal relations based on the principles of good faith, reasonableness, and fairness.

12.2. Parties bear full responsibility for the accuracy of the details provided in this Agreement. They commit to promptly inform the other Party in writing of any changes to these details. Failure to notify carries the risk of adverse consequences arising from this.

12.3. The Lessee agrees that the posting of a new version of the Agreement on the Website constitutes the Lessor's proper fulfillment of the obligation to adhere to the form and procedure for notifying the Lessee of changes to the Agreement. The Lessee unequivocally assumes the risks and the responsibility to independently monitor the presence or absence of notifications from the Lessor regarding changes to the Agreement or a new version of the Agreement on the Website. The Lessor ensures the storage of all versions of the Agreement on the Website, starting from the date of posting the Agreement. The Lessee acknowledges that a new version of the Agreement is considered accepted by the Lessee (in accordance with Part 3 of Article 205 of the Civil Code of Ukraine) if, by the date it takes effect, the Lessee does not notify the Lessor in writing of the termination of the Agreement. The absence of written notice from the Lessee regarding refusal of the new version of the Agreement confirms that the Lessor provided, and the Lessee received, a copy of the new version of the Agreement. The date of receipt by the Lessee of a copy of the Agreement is the date of the entry into force of the new version of the Agreement.

12.4. All additional agreements and addenda to this Agreement are integral parts thereof and have legal force if they are concluded (drawn up) in the same form as this Agreement.

12.5. To ensure the proper implementation of relations, the conclusion, and execution of the Agreement, and compliance with the requirements of current legislation, by signing the Agreement, the Lessee and individuals specified in the Online Application provide the Lessor with their explicit and unlimited written consent, for an indefinite period, for the processing of their personal data in a form that complies with the requirements of the Law of Ukraine On the Protection of Personal Data (hereinafter referred to as the "Law"). This consent includes:

(1) the transfer of personal data and/or providing access to them for further processing by third parties (including transfer beyond the customs territory of Ukraine), in particular, but not exclusively, in connection with (1a) the conclusion and support of the Agreement; (1b) clarification of circumstances regarding the violation of rules for using residential buildings and premises (including when submitting requests to law enforcement agencies, rescue services, etc.); (1g) conducting marketing research on the rental real estate services market and researching the satisfaction level of Lessees with the Lessor's services; (2) information about the specified individuals (including information contained in state registers and other publicly available databases).

The Lessee confirms that, in the proper form and in full, they have been informed of the following: (1) from the moment of concluding the Agreement, personal data will be included in databases owned by the Lessor; (2) personal data are processed to the extent specified in the Agreement and other documents submitted by the Lessee to the Lessor during the conclusion of the Agreement, and/or those documents that the Lessor will use during the performance of the Agreement, including by third parties; (3) their rights in accordance with the Law.

12.6. The Lessor is not a custodian of payment card data and is not responsible for ensuring the security of data for payment card owners.

12.7. The Lessor warns that information regarding its activities, which is distributed on the Internet, may be the exclusive property of the relevant Internet resources, therefore the Lessor is not responsible for the veracity, accuracy and relevance of such content. Information provided by the Lessor to third parties may be edited or changed (in any way or in any form), translated into other languages, by such third party without the permission of the Lessor.

12.8. The Parties understand and agree that, in the performance of this Agreement, each Party may have access to or may be exposed, directly or indirectly, to the other Party's confidential information ("Confidential Information"). Confidential Information includes information regarding private life, business, financial, technical, operational, and other information not intended for the general public, which the disclosing Party defines as private or confidential, or about which the receiving Party, to a reasonable extent, knows should be treated as private and confidential.

Each Party agrees that: (a) all Confidential Information remains the exclusive property of the disclosing Party, and the receiving Party shall not use any Confidential Information for any purposes other than for the performance of this Agreement; (b) it shall maintain and use reasonable methods to ensure the confidentiality and secrecy of the Confidential Information by its employees, officials, representatives, contractual parties, and agents ("Authorized Persons"); (c) it shall disclose Confidential Information only to those Authorized Persons who need to know such information within the scope of this Agreement; (d) it shall use reasonable methods to ensure that Authorized Persons do not copy, disclose, or use (except as provided for in the terms of this Agreement) the confidential information; and (e) it shall return or destroy all ((paper and electronic) copies) of documents containing Confidential Information upon written request of the other Party.

Notwithstanding the above, Confidential Information may be disclosed in accordance with the Law, a court decision, a court summons, or a decision of a state or local authority.

12.9. The Parties agree that the provisions of the Law of Ukraine On the Lease of State and Municipal Property do not apply to the relations under this Agreement.

12.10. The original Ukrainian-language version of the Agreement may be translated into other languages. In case of a dispute regarding the content or interpretation of this Agreement, or in the event of a conflict, ambiguity, inconsistency, or discrepancy between the Ukrainian-language version and any other language version of this Agreement, the Ukrainian-language version shall prevail, be applied, and be obligatory for execution without objection. The Ukrainian-language version should be used in legal proceedings.

 

13. SANCTIONS AND ANTI-CORRUPTION CLAUSE

13.1. Sanction Clause:

13.1.1. Each Party reserves the right to unilaterally refuse to perform its obligations under the Agreement and/or terminate the Agreement if:

  • the opposing Party, its participant, or the ultimate beneficial owner of the opposing Party is included in the sanctions list of the Office of Foreign Assets Control (OFAC) of the United States (a list of individuals subject to sanctions determined by The Office of Foreign Assets Control of the US Department of the Treasury);
  • restrictions (sanctions) of other than OFAC, U.S. government agencies, compliance with which may be violated by the performance of the Agreement, are applied to the opposing Party, its participant, or the ultimate beneficial owner of the opposing Party;
  • The opposing Party, its participant, or the ultimate beneficial owner of the opposing Party is included in the sanctions list of the European Union (Consolidated list of persons, groups, and entities subject to EU financial sanctions);
  • the opposing Party, its participant, or the ultimate beneficial owner of the opposing Party is included in the sanctions list of Her Majesty’s Treasury of the United Kingdom (a list of persons included in the Consolidated list of financial sanctions targets in the UK and the List of persons subject to restrictive measures in view of Russia’s actions destabilizing the situation in Ukraine, maintained by the UK Office of Financial Sanctions Implementation (OFSI) of Her Majesty’s Treasury);
  • the opposing Party, its participant, or the ultimate beneficial owner of the opposing Party is included in the United Nations Security Council sanctions list (Consolidated United Nations Security Council Sanctions List), which includes individuals and legal entities subject to sanctions measures imposed by the UN Security Council.
  • the opposing Party, its participant, or the ultimate beneficial owner of the opposing Party is included in the sanctions list of the National Security and Defense Council of Ukraine (a list of persons subject to personal special economic and other restrictive measures (sanctions) in accordance with Article 5 of the Law of Ukraine On Sanctions), if the performance of the Agreement contradicts compliance with the sanctions of the National Security and Defense Council of Ukraine;
  • regarding goods and/or services under the Agreement and/or concerning the performance of other conditions of the Agreement, personal special economic and other restrictive measures (sanctions) have been applied in accordance with Article 5 of the Law of Ukraine On Sanctions by decisions of the National Security and Defense Council of Ukraine, enacted by decrees of the President of Ukraine, if the performance of the Agreement contradicts compliance with the sanctions of the National Security and Defense Council of Ukraine.

13.1.2. In order to meet the requirements of the Cabinet of Ministers of Ukraine Resolution dated March 3, 2022, No. 187 On Ensuring the Protection of National Interests in Connection with Future Claims by the State of Ukraine in Connection with the Military Aggression of the Russian Federation (hereinafter – the Resolution), the Parties guarantee that legal acts (transactions) between them, including this Agreement, are not subject to the moratorium (prohibition) established by clause 1 of the Resolution, and do not have any relation to the aggressor state, illegal authorities created on the temporarily occupied territory, including the occupation administration of the aggressor state. The Parties guarantee the legality of the performance, monetary and other obligations, alienation, transfer, etc., of any other actions under the legal acts between the Parties, including the conditions of this Agreement. In case of a violation by one Party of the guarantee provided under this paragraph, leading to the recognition of legal acts (transactions) arising between the Parties, including under this Agreement, as void and/or the application of sanctions against the other Party and/or its affiliates, related persons, beneficiaries, etc., as a result of this, the Party that violated the guarantee under this paragraph is obliged to compensate the affected Party and/or a third party for all damages incurred, including lost profits, return to the other Party the funds paid in full, including under this Agreement, and provide testimony in support and justification of the affected Party and/or the relevant third party.

13.1.3. In the event of the adoption and entry into force of a law of Ukraine regulating relations involving persons associated with the aggressor state, the Parties undertake to review the conditions of the Agreement. If there are signs that this Agreement contradicts or is not in line with the requirements of the current legislation of Ukraine or international treaties, the Parties undertake to conduct negotiations within 10 (ten) working days regarding the possibility of continuing relations under this Agreement. In case of failure to reach an agreement or impossibility of negotiations (including refusal or evasion of one of the Parties from negotiations), each Party has the right to terminate this Agreement prematurely unilaterally by sending a written notice to the other Party, without compensating any damages associated with such termination to the other Party.

13.1.4. Guarantee for Compliance with the Resolution:

In order to comply with the requirements of the Resolution of the Cabinet of Ministers of Ukraine dated March 3, 2022, No. 187 On ensuring the protection of national interests in connection with future claims by the state of Ukraine in connection with the military aggression of the Russian Federation (hereinafter - the "Resolution"), the Parties guarantee that legal acts (transactions) between them, including this Agreement, are not subject to the moratorium (prohibition) established by clause 1 of the Resolution, and do not have any relation to the aggressor state, illegal authorities created on the temporarily occupied territory, including the occupation administration of the aggressor state. The Parties guarantee the legality of the performance, monetary and other obligations, alienation, transfer, etc., of any other actions under the legal acts between the Parties, including the conditions of this Agreement. In case of a violation by one Party of the guarantee provided under this paragraph, leading to the recognition of legal acts (transactions) arising between the Parties, including under this Agreement, as void and/or the application of sanctions against the other Party and/or its affiliates, related persons, beneficiaries, etc., as a result of this, the Party that violated the guarantee under this paragraph is obliged to compensate the affected Party and/or a third party for all damages incurred, including lost profits, return to the other Party the funds paid in full, including under this Agreement, and provide testimony in support and justification of the affected Party and/or the relevant third party.

13.2. Anti-Corruption Provision:

13.2.1. During the performance of obligations under this Agreement, the Parties, their affiliated persons, employees, or authorized representatives do not pay, offer to pay, or allow the payment of any money or valuables, directly or indirectly, to any persons to influence the actions or decisions of these persons to obtain any unlawful advantages or achieve other unlawful purposes.

13.2.2. During the performance of obligations under this Agreement, the Parties, their affiliated persons, employees, or authorized representatives do not engage in actions that may qualify as the provision/receipt of money or other property, benefits, privileges, services, intangible assets, or any other advantages of non-material or non-monetary nature, promised, offered, provided, or received without legal grounds, as well as actions that violate the requirements of current legislation and international acts on combating money laundering of criminally obtained income.

13.2.3. Each Party to this Agreement refrains from incentivizing representatives of the other Party in any way, including by providing monetary sums, gifts, free performance of work or provision of services, etc., not listed in this clause, which put the representative in a certain dependence and are aimed at ensuring the performance by this representative of any actions in favor of the incentivizing Party.

 

14. RECOGNITION OF ONLINE DOCUMENTS

14.1. The Parties confirm that they recognize the forms of online documents created in accordance with the requirements of the Laws of Ukraine On Electronic Documents and Electronic Document Management, On Electronic Trust Services, On Accounting and Financial Reporting in Ukraine, and other requirements of the current legislation of Ukraine. These online documents confirm described economic transactions, using specialized software solutions. The Parties commit to monitor the receipt of online documents and timely perform their acceptance, verification, and signing using a qualified electronic signature (hereinafter – the "QES") or enhanced online signature (hereinafter – the "EES"), and online seal (if available), and return to the other Party, including but not limited to:

  • invoices;
  • acts;
  • letters, notifications, statements, and other documents to be submitted by the Parties;

(hereinafter -  the "Documents").

14.2. All other issues related to online document management not regulated by this section of the Agreement shall be governed by the current legislation of Ukraine.

14.3. The Parties have agreed that online documents and this Agreement signed using QES/EES and an online seal (if available) have full legal force, create rights and obligations for the Parties, can be presented in court as proper evidence, and are recognized as equivalent to documents drawn up on paper. Confirmation of document transmission (sending, receiving, etc.) is considered legitimate confirmation of the actual receipt and transmission of such documents by authorized persons of the Parties and does not require additional proof.

 

15. USE OF THE WEBSITE

15.1. The Website kyivhospitality.com provides information about the Apartment, including prices, special events, etc.

15.2. The user has the right to use the Website exclusively for submitting Online Application and purchasing services and/or obtaining information. Unauthorized use of the Website and/or the information contained therein is a violation of copyright or other related laws.

15.3. The Lessor is not responsible for the content and nature of the information presented and published on the Website on behalf of the Lessor by a third party. The user of the Website has no right to make any claims and/or demands and/or claims in connection with this.

15.4. All images presented on the Website are solely illustrations. Since images appear on the user's computer screen and/or are printed by the user from the screen of an electronic device, there may be discrepancies between the image on the illustration and their actual appearance. To present the Website or links to it on other Websites, contact the Lessor for written permission.

15.5. The Lessor has the right at its discretion and without notice to change the terms of use of the Website from time to time, the structure of the Website, its content, appearance, including the scope and availability of services offered on it, as well as any other aspect related to the Website and its activities.

15.6. The Lessor and/or any of its owners and/or managers and/or employees and/or representatives are not responsible for the server through which the Website operates, including the absence of viruses and/or other elements that may harm the user of the Website when visiting the Website and/or purchasing services through the Website and/or other use of the Website, and the user has no right to make any claims and/or demands and/or claims against the Lessor and/or its owners and/or managers and/or employees and/or representatives in connection with such damage.

15.7. The Lessor is not responsible for any damage caused by any kind of obstruction and/or delay in connection with the use of the Website and/or attempts to use it, including for ordering services and/or obtaining information, and the user of the Website has no right to make any claims and/or demands and/or claims in connection with this.

15.8. The Lessor is not responsible for any illegal activity carried out by any of the users of the Website and/or by any person it does not control.

15.9. The Lessor has the right to obstruct or terminate the access of any user to any part of the Website, and the user has no right to make any claims and/or demands and/or claims in connection with this.

15.10. All legal proceedings for any cases and/or disputes related to this Agreement and/or the Website will be considered in Ukraine in accordance with Ukrainian legislation.

15.11. A user of the Website wishing to submit a Online Application through the Website must provide all necessary data (hereinafter the "Lessee's Data").

15.12. The Lessor is not directly or indirectly responsible if the Online Application data is not registered by the system and/or in case of technical and/or other issues preventing the Lessee from submitting an Online Application through the Website.

15.13. The Lessor is not responsible for user errors when entering data into the Online Application, including dates, rental periods, the number of persons, the presence of animals, and other information. The user declares that they have no right to make any claims in this regard.

15.14. It is noted that registering false data is a criminal offense. In case of registering false data, the Lessor has the right to take all measures prescribed by law against individuals who provided false information, including filing lawsuits for damages caused to the Lessor, the Website, its operators, and/or their representatives and/or third parties.

15.15. The Lessor has the right, at its discretion and without explanation, not to confirm a particular Online Application for any reason, and the Lessee has no right to make any claims in this regard.

15.16. All copyrights to the Website and all related systems belong to the Lessor.

15.17. Copying, distributing, publishing, selling, duplicating, broadcasting, photographing, or modifying information contained on the Website or any part thereof is prohibited without written consent from the Lessor, except for cases of downloading information for personal non-commercial use.

15.18. All copyrights to the Website belong exclusively to the Lessor. The Lessor reserves the right to close the Website or make changes to it at its discretion at any time.

 

16. LOCATION AND DETAILS

THE LESSOR:

LLC "KYIV HOSPITALITY"

Tax code: 44654978

6  Lesi Ukrainky Av., Apartment No. 42, Kyiv, Ukraine, 01001

 

Contacts:

concierge@kyivhospitality.com

admin@kyivhospitality.com

Banking Details: [

Bank Name: PIRAEUS BANK

Bank Address: 11 BILORUSKA, 04119, KYIV UKRAINE

IBAN-UA513006580000026005046101506]

 

Director: MEHREGAN KAVEH