This Rental Agreement (the “Agreement”) is for the rental of the property specified in a confirmed reservation (the “Property”). This Agreement is between (i) Kondo Stays (“Kondo”), acting for itself or the owner of the Property as the case may be, and (ii) the person who is the responsible renter of the Property (the “Guest”).

1. RESERVATION

1.1 By making a reservation, the Guest acknowledges that he has read and understood, and agrees to be bound by, all terms, conditions, and policies in this Agreement.

1.2 If the Guest has booked through a third-party marketing channel, this booking may be subject to that channel’s terms and conditions (“Channel Terms”). If any provision of applicable Channel Terms differs from the terms in this Agreement, the provision of the Channel Terms will prevail.

2. ACCOMMODATION & OTHER PRICES

2.1 The prices shown by Kondo at the time of the conclusion of the Agreement shall apply. The applicable prices are gross total prices and include all statutory taxes, fees, and charges.

2.2 In the event of changes in tax, fee, and duty rates, as well as the effective levying of new taxes, fees, and duties unknown to the parties, Kondo reserves the right to adjust prices accordingly. For contracts with consumers, this only applies if the period between the conclusion of the Agreement (booking confirmation) and the adjustment of the contract exceeds four months.

3. PREPAYMENT AND PAYMENT TERMS

3.1 A prepayment of 30% (thirty percent) will be charged by Kondo at the moment of confirmation to guarantee the reservation.

The rest of the payout will be charged by Kondo at the end of the free cancellation period.

If you booked a non-refundable rate, Kondo will charge the prepayment and the rest of the payout in two installments at the confirmation date.

3.2 All payments shall be charged by the payment processor chosen by Kondo and everything related to the payments shall be handled by Kondo Stays Ltd established in the United Kingdom, contracted by Kondo as a third party for this mission.

3.3 For fees incurred subsequently due to additional services used or violations of the terms and conditions of this Agreement, Kondo reserves the right to charge the Guest's credit card at any time.

3.4 The Guest agrees that an invoice will always be provided as a download or via email in the regular case. Should the Guest wish to receive the invoice as a hard copy, such copy shall be delivered at the check-in date.

4. CANCELLATION POLICIES

4.1 A guaranteed reservation exists when the prepayment of the Guest has been received. A guaranteed reservation can be canceled free of charge by the Guest following the stated cancellation conditions, stating the reservation number. Once the cancellation period has expired, cancellation is excluded, and Kondo retains the right to the agreed remuneration. The same applies if the Guest does not appear (no show). In the case of guaranteed reservations of several days, all subsequent nights will be canceled if the Guest does not arrive, and the guest has no claim to the subsequent nights.

4.2 Except as expressly provided in this Agreement, no refunds or compensation will be given and Kondo shall not be liable to you for failure to make the Property available for occupancy if the Property is unavailable or becomes partially or wholly unusable for any reason outside Kondo’s control, including but not limited to adverse weather conditions, natural disasters, mechanical failures, evacuation orders or other acts of government agencies, or utility outages. Kondo undertakes however to ensure a possible accommodation for the Guest within the same price at another property.

5. POSSIBLE USES OF RESERVED PROPERTY

5.1 A reserved Property is available to Guests according to the check-in and check-out time as stated during the booking process or by message from Kondo.

5.2 Unless otherwise agreed, the keys and, if applicable, code cards provided must be handed over to Kondo or a third party named by Kondo on the agreed departure date, or, if agreed, left in the Property. If a handed-out key or a handed-out keycard is lost or not handed in at departure, a fee of 20.00 euros will be charged. Kondo remains entitled to demand compensation from the Guest for any damages incurred by him/her as a result, insofar as these exceed the amount of 20.00 euros. This includes the costs for the replacement of the affected locking system if this is necessary for security reasons.

5.3 On request and depending on availability, a later departure (late check-out) can be arranged with Kondo in advance. If Kondo agrees to a late check-out, Kondo is entitled to charge 10.00 euros per hour or part thereof for the additional use of the Property. For departures after 01:00 pm, the full daily rate of the Property will be charged. There is no contractual entitlement to a late check-out. If the guest does not check-in after 03:00 pm either by negligence or by refusal, the guest will be charged the full daily rate for each extra day he/she occupies the Property.

5.4 On request and depending on availability, an earlier arrival (early check-in) can be arranged with Kondo in advance. If Kondo agrees to an early check-in, Kondo is entitled to charge 10.00 euros per hour or part thereof for the additional use of the Property. There is no contractual claim to early check-in.

6. RESALE

6.1 The resale/rental and/or the further procurement of booked Property is prohibited. In particular, it is not permitted to sublet the Property and/or Property’s contingents to third parties at higher prices than the actual Property prices. The assignment or sale of the claim against Kondo is also not permitted. In these cases, Kondo is entitled to cancel the booking, especially if the Guest has provided false information about the type of booking or payment to the third party at the time of the cession/sale.

6.2 Any use of the Property for other than the purpose of accommodation, especially any commercial use by the Guest, is expressly prohibited.

7. GOOD NEIGHBOR POLICY

Because the Property is a privately owned home, the Guest must comply with this good neighbor policy. The Guest shall treat the Property with the same care as he/she would use his/her residence and leave it in the same condition it was in when he/she arrived. To prevent theft of or damage to furnishings or his/her personal property, the Guest agrees to close and lock doors and windows when he/she is not present at the Property and upon check-out. The Guest agrees to conduct himself throughout the stay in a manner that is respectful of and not disruptive to neighbors, traffic flow, or the community and that will not prompt complaints to Kondo from police, neighbors, or neighborhood or homeowner associations. Noise audible outside the Property is prohibited between 10 pm and 8 am.

8. MAXIMUM OCCUPANCY

8.1 The number of people present at the Property may not exceed the maximum posted occupancy unless Kondo has given the Guest advance written permission, in which case the number of people present at the Property may not exceed the maximum number of people authorized by Kondo.

8.2 In case of an agreement from Kondo, the Guest shall be charged an extra fee of 5.00 euros per extra person per night.

9. LIABILITY OF KONDO

9.1 Kondo is liable without limitation for damages for which it is responsible from injury to life, body, or health. Furthermore, Kondo is liable for other damages, which are based on an intentional or grossly negligent breach of duty by Kondo. For simple negligence, Kondo is liable only and limited to the contract-typical foreseeable damage, if a duty is violated, the fulfillment of which makes the proper execution of the Agreement possible in the first place and on the observance of which the Guest can regularly rely (cardinal obligation) upon. A breach of duty by Kondo is equal to that of its legal representatives, employees, or vicarious agents. Further claims for damages are excluded unless otherwise regulated in this Agreement.

9.2 Should disruptions or defects in the services of Kondo occur, Kondo will endeavor to remedy the situation as soon as it becomes aware of this or upon immediate notification of the Guest. The Guest is obliged to make a reasonable contribution to remedy the disturbance and to keep possible damage to a minimum. In addition, the Guest is obliged to inform Kondo in good time of the possibility of unusually high damage.

9.3 Kondo is liable for things brought in according to the legal regulations. The claim expires if the Guest does not notify Kondo immediately after becoming aware of the loss, destruction, or damage of the item brought in unless this late notification does not affect the clarification of the facts. If the Guest wishes to bring money, securities, and valuables with a value of more than 100.00 euros or other items with a value of more than 1.000.00 euros into the Property, this requires a separate written agreement with Kondo.

9.4 If a parking space is made available to the Guest, this does not constitute a safekeeping contract. Kondo has no obligation to monitor the system. The Guest is obliged to report any damage immediately, obvious damage, in any case before leaving the parking facility. Kondo is not liable for damage that is the sole responsibility of other tenants or other third parties.

9.5 All claims against Kondo expire in principle within one year from the legal beginning of the limitation period. This does not apply to claims for damages or other claims arising from injury to life, body, or health and/or due to grossly negligent or intentional breach of duty by Kondo, as well as in the case of breaches of a cardinal obligation as defined before.

9.6 Kondo accepts no liability for lost property. Excluded from this is the liability due to intentional or grossly negligent breaches of duty by Kondo. Lost property will be returned on request without any additional fee. Kondo shall undertake to store the lost property for six months.

10. NO SMOKING IN THE PROPERTY

10.1 The Property has a non-smoking policy. It is therefore forbidden to smoke in the common areas as well as inside the Property. In the event of an infringement, Kondo has the right to demand an amount of 100.00 euros from the Guest as compensation for the cleaning costs that must be paid separately, including any loss of turnover from a rental of the Property that is not possible as a result. This amount of compensation is to be set higher if Kondo can prove higher damages.

10.2 Tampering or blocking fire exits, fire extinguishers, or fire alarms are prohibited. Violations will result in a penalty fee of 150.00 euros.

11. NO PARTIES IN THE PROPERTY

11.1 Parties are not allowed in the Property.

11.2 In the event of an infringement, Kondo has the right to demand an amount of 200.00 euros from the Guest as compensation for the cleaning costs that must be paid separately, including any loss of turnover from a rental of the Property that is not possible as a result. This amount of compensation is to be set higher if Kondo can prove higher damages.

12. DAMAGE OR THEFT

In the event of damage that goes beyond normal use, or theft, Kondo has the right to charge the Guest for the damage as well as for the separate expenses incurred to remedy the damage, including any loss of revenue from a rental of the Property that is not possible as a result.

13. PETS

It is not allowed to bring a pet with you. However, exceptions are made according to the Property’s policy and as well in the case of dogs for the blind, deaf, and other comparable service dogs. These may be carried free of charge and at any time on presentation of proof.

14. MAINTENANCE

14.1 The Guest undertakes to treat the Property provided, the furnishings as well as the rooms, facilities, and equipment intended for common use with care and to ensure proper ventilation and heating.

14.2 Furthermore, the Guest undertakes to check the equipment for completeness and suitability for use when moving into the Property and to notify Kondo immediately of any complaints.

14.3 The Guest is liable for all damages to the Property, the furnishings and rooms, facilities, and equipment intended for common use, which he or she or their visitors have culpably caused through use contrary to the Agreement, and which are not due to normal wear and tear. The Guest must immediately notify Kondo of any damage to the Property provided.

14.4 The Property is only cleaned at the date of arrival by Kondo. Shall the Guest require cleaning during the stay, Kondo will charge an additional fee of 25.00 euros per cleaning.

15. GUEST'S DATA

15.1 To ensure communication with the Guest, Kondo requires the email address and telephone number. To verify the identity of the Guest, Kondo is entitled to request the following valid identification document (for domestic Guests an identity card or passport; for foreign Guests the passport), and valid credit card data at check-in digitally.

15.2 If the identity of a Guest cannot be clarified beyond doubt due to missing or incorrect documents, Kondo is entitled to cancel the booking.

15.3 Kondo stores this information following the Data Protection Law in the Republic of Albania and the Guest is entitled to all the rights given by this law.

16. TERMINATION OF THE AGREEMENT

16.1 Kondo is entitled to terminate the Agreement for good cause. A good cause exists in particular if (i) force majeure or other circumstances beyond the control of Kondo make the fulfillment of the Agreement impossible; (ii) the Property is culpably booked under misleading or false information or concealment of material facts; (iii) Kondo has good reason to believe that the use of the service may jeopardize the smooth running of the business, the security or the public image of Kondo and its locations, without this being attributable to the sovereign or the owner; (iv) the purpose or occasion of the stay is unlawful; or (v) in the event of resale/rental and/or redirection.

16.2 Kondo must inform the Guest immediately of the exercise of the right of cancellation.

16.3 In the event of justified termination of the reservation, the Guest shall not be entitled to compensation.

17. APPLICABLE LAW

This Agreement shall be governed by the laws of the Republic of Albania.

18. DISPUTE RESOLUTION

All disputes, objections, or claims arising, regarding this Agreement, as well as any violation, termination, or invalidity, will be tried to be resolved through understanding between the parties, otherwise, it will be subject to the review of the Tirana District Court.

19. FINAL PROVISIONS

19.1 Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the Agreement, insofar as a contracting party is not unreasonably disadvantaged thereby.

19.2 Amendments or supplements to this Agreement must be made in writing. Verbal subsidiary agreements do not exist.

Gestion immobilière de premier ordre