This Agreement is a written public offer of Avilita Worldwide Limited, a company established and existing under the legislation of Hong Kong, registration number 2015889, having its registered office at: 604, Tower A, New Trade Plaza, 6 On Ping Street, Shatin, N.T., Hong Kong (hereinafter referred to as the Principal) in relation to legal persons (hereinafter referred to as the Agents) as follows:
1.1 The Agents shall attract clients (hereinafter referred to as the Tenants) for the purposes of leasing the real property (villas) offered by the Principal. The Principal shall provide the villas to the Tenants on the agreed terms. The Agent shall interact with the Tenants, including receiving payments from them for the services rendered by the Principal.
1.2. The Agent shall bear all expenses connected with search and attraction of clients, as well as with the arrangement of reservation.
2.1 To create a profile, the Agent shall accept the terms and conditions of this offer and complete the registration form, available on website https://avilita.com/user/registeragency/
2.2 Upon receipt of the completed registration form, the Principal shall assign an identification number to the Agent and shall provide an access to the personal account.
2.3 The Agent shall guarantee that the information indicated by the Agent while completing its profile in the personal account is true and accurate.
3.1 The Agent shall check the availability of the real property via website https://avilita.com/ and shall make an application for the specific dates agreed upon with the Tenant.
3.2 The Principal shall check the availability of the chosen real property within 24 hours upon receipt of the application. Once the application is confirmed, the Principal shall reserve the chosen real property for the given dates and shall issue an invoice which includes either a detailed description of the reserved real property or a number of the application containing the description of the real property.
3.3 This reservation shall be valid for 24 hours within which the Agent shall make either a prepayment or payment in full according to the “payment terms” available on the description page for each villa. After making payment in full the reservation shall be qualified as the paid reservation.
4.1 The Parties have agreed that the Agent shall have the right to set prices for the Tenants for the reservation services rendered by the Principal at its own discretion. However the prices set by the Agent shall not be less than the prices set by the Principal.
4.2 The Agent fee shall be equal to the difference between the prices for the services performed by the Agent for its clients and the prices set by the Principal.
5.1 Rules for the cancellation of the paid reservation are available on the description page for each villa, as well as on the reservation page. They are also available on website https://avilita.com/. No show will be charged 100% from the total real property reservation value.
5.2 The Principal shall be discharged from the obligation to reimburse the full amount of the paid reservation and to pay penalties, if the Principal is able to provide an alternative villa for the same dates agreed upon with the Agent which would have the similar or identical characteristics as the originally chosen villa, and if the Agent agrees to accept this alternative option.
5.3 The amounts of penalty mentioned in this section shall be transferred within 7 business days upon the cancellation made by the Agent or by the Principal respectively.
6.1 Rights and obligations of the Agent
6.1.1 The Agent shall timely pay for the reservation according to the procedure established by this offer.
6.1.2 The Agent is entitled to use any text, photo-, video- and other materials provided by the Principal for advertising purposes.
6.1.3 To perform the actions specified in this Contract, the Agent is entitled to use the logos and other symbols of the Principal. In this case the Agent does not act as an official representative of the Principal with the right to enter into contracts on behalf of the Principal or performance of other actions that may entail legal consequences for the Principal. Such actions of the Agent in respect of third persons shall not be binding for the Principal.
6.2 Rights and obligations of the Principal
6.2.1 The Principal shall make the leased real property available according to the agreed terms of the order.
6.2.2 The Principal shall support the order. If problems or disputes arise within the period of validity of the reservation, the Principal shall assist in solving such problems and/or disputes.
6.2.3 The Principal shall guarantee that the real property placed on website https://avilita.com/ are appropriate for living.
6.2.4 The Principal shall provide the Agent with all the necessary information materials.
6.2.5 The Principal is entitled to unilaterally change the terms and conditions of this offer by making them available on its website.
7.1 The Party which has failed to perform or has improperly performed its obligations under this Contract shall reimburse to the other Party the damages occurred as a result of such failure to perform or improper performance.
7.2 In case of delayed payment the non-breaching Party is entitled to require the penalty paid by the defaulting Party in the amount of 0,5% of the payable amount for each day of delay, but no more than 25% of the delayed payment.
7.3 The Parties shall not be held liable for any failure to perform or improper performance of their obligations as regards the reservation procedure, if such failure or improper performance is a result of unauthorized intervention of third parties, e.g. DoS attacks on the Parties’ websites. The Party affected by such unauthorized intervention of third parties shall immediately notify the other party about its inability to perform its obligations under this offer.
8.1 The Parties undertake to keep confidential any information which has become known to them in connection with the execution of their obligations under this offer, not to reveal and disclose the facts or information, in whole or in part, to any third party and to use them solely for the purposes of fulfilling their obligations under this offer. Confidentiality obligations shall not apply to publicly available information.
8.2. The Parties have the right to determine an exhaustive list of information which is confidential.
9.1 This offer shall be governed by the applicable law of Hong Kong.
9.2 All disputes and disagreements arising out of this offer shall be settled by the Parties in an amicable way.
9.3 If it is impossible to resolve such disputes in an amicable way, they shall be referred to the Hong Kong International Arbitration Centre.
10.1. This offer shall be effective from the date of its acceptance by the Agent and shall be valid for an indefinite period of time. Registration under https://avilita.com/user/registeragency/ shall be considered as the acceptance of this offer.
10.2 The Principal shall at its own discretion refuse the registration at the said website without any explanations.
10.3. The Agent may at any time send an email to email address firstname.lastname@example.org requesting the deletion of its registration data from the website. In this case the Principal shall delete the Agent’s data within 7 working days upon receipt of the corresponding request.
11.1. The Principal may amend and supplement this offer at any time. Such new terms and conditions shall take effect 30 days after they have been made available at the Principal’s website. The Agent may find the current version of the offer at https://avilita.com/dogovor-publichnoi-oferti-dlya-agentstv. If the Agent disagrees with the new terms and conditions of the offer, the Agent may terminate the offer according to point 10.2. hereunder.
11.2 The Agent shall act autonomously and independently and shall be responsible for paying its taxes and charges, as well as making other payments required in the state on the territory of which it operates.