Terms and Conditions

Contents

The Terms and Conditions represent a legally binding agreement between you and WIRZUM Ltd. (User Agreement). Please, read the Terms and Conditions carefully, as they contain important information about your rights and responsibilities under the agreement. By visiting or using the WIRZUM platform, you agree to the following terms.

1. Terms

For the present Agreement, the following terms will have the meanings hereunder assigned to them:

WIRZUM platform (hereinafter Platform) means WIRZUM Website, applications, and Services.

Website or Site is an internet page available at the internet address www.wirzum.com, including all subdomains and other websites, through which WIRZUM provides its Services.

Application – is a program for mobile devices (tablets, smartphones, etc.).

WIRZUM Services – all services that allow the Website and applications to function, as well as coordinating Platform Users interaction as much as it responds to the mission, aims and objectives of the Platform.

WIRZUM LTD. – The limited liability company, registered according to Cyprus Republic legislation behind number HE 411825 from 04.08.2020 at Vasili Michailidi 9, 3026 Limassol, Cyprus, and is the owner of Platform and holds exclusive right to use Platform.

Coliving (“Living together”) is a form of cohabitation of people, united into groups with predetermined criteria.

The object is a living space, meeting the legitimate demands of privacy and suitability for human accommodation, including group habituation and habituation of people with special needs.

Landlord – User owning the Object and providing it for rental purposes.

Tenant – User renting the Object.

Service Provider – User of the Platform to offer Services to other Users.

Services - are services aimed at meeting all needs of Platform Users, including in connection with the published offers, e.g. a moving service. The customer of the service and the service provider (contractor) enter into civil law relations, enjoy rights and obligations under the contract and legal norms. The service is usually immaterial, has individual parameters (content, timing, cost), agreed between the customer and the service provider (contractor) as well as an individual result desired by the customer.

Activities are events or gatherings organized by registered users (The organizer of Activity) of the platform based on their passions, hobbies, knowledge and practical skills for the purpose of spending and organizing free time, or association based on common interests, or to achieve common goals can be organized and offered to other platform users for a fee, e.g. a joint trip, a workshop, a benefit concert, etc. The rules, costs and conditions of the activity are determined by the organizer of the activity and an unlimited number of people (platform users) in the relevant announcement communicated. Platform users who have accepted the rules for conducting the activity, the costs, the conditions for participation and the cancellation policy of the organizer of the activity in the relevant offer, participate in the activity (give their consent (declaration of consent)) by paying for participation. From the moment of payment, it is considered that the user who paid for participation in the activity and the organizer of the activity have completed the transaction, thus acquiring the rights and obligations according to what is stated in the activity offer and the norms of the Transfer right.

The organizer of Activity – registered User of Platform who places an offer about Activity for other Users of Platforms.

User – verified Landlords, Tenants, Service providers, and Organizers of Activity as stated by the regulations of the Platform.

Short-term rent - the rent of the Object (Objects) as far as permitted by law, up to twelve months, particularly concerning possible statues and municipal statutes for the use of habitation premises, falling within the jurisdiction of the Lander.

Long-term rent – rent of the Object (Objects) for more than one year.

Care – a service, which is provided to Tenants, who require the assistance of a third person driven by health issues or inabilities.

Announcement – is a non-mandatory offer, notice, or notification of User, except for the cases when User indicates announcement as a mandatory offer.

Payment service – Service for payments provided to Users on the Platform by third-party payment operators. Neither the Platform nor WIRZUM Services is a payment transaction operator. Neither the Platform nor WIRZUM Services is the recipients of payments for the rent of the Object, Service, or Activity, and all transactions are carried out directly between Users. The platform is only the recipient of the WIRZUM Commission, according to the regulations of Paragraph 8 of these Terms and Conditions.  Neither the Platform nor the WIRZUM Services influence, control, or define the rules and tariff policy of any payment operator represented on the Platform or bank. All and any relations between the Users and the payment operator are regulated by the agreement established between the User and the payment operator. With reasonable care, WIRZUM certifies only that the third party payment operator with whom WIRZUM enters into a contract for the use of the Platform is a legal and competent entity, and has all the authorizations and licenses for processing payment transactions prescribed by the applicable law.

Automatic Payment (Charge Consent) - order, instruction, indication, another form of application from the User to the bank for the payment processing (retention). Payment rules, tariffs, and other conditions according to the Charge Consent are regulated by the agreement between the bank and the User.

2. Subject of the Agreement and disclaimer

2.1. The WIRZUM is an online platform, that allows registered Users to post and use Announcements about rent/rental of the Objects, information about Services and Activities, to search for partners for cohabitation, as well as to communicate to achieve the abovementioned goals.

WIRZUM announces itself as an information community in terms of the DIRECTIVE 2001/29 OF THE EUROPEAN PARLIAMENT AND THE COUNCIL of 22 May 2001.

2.2. WIRZUM provides Platform to the Users and does not place Announcement by itself, does not sell, does not control, does not provide offers, and does not manage them. WIRZUM is not a tour operator or does not sell tour packages in terms of DIRECTIVE EC 2015/2302. Users are fully responsible for their actions on the Platform. WIRZUM is not a party or a participant of any contractual relationship between Users, as well as not a real estate or insurance agent.

2.3. Even though WIRZUM takes reasonable efforts for verification of Users and inspection of Announcements, nevertheless, WIRZUM does not fully control and does not guarantee (i) existence, quality, security, or legitimacy of some offers in Announcements (ii), veracity or accuracy of description, reviews or other User content, placed at Website. WIRZUM does not control and is not responsible for the actions and behavior of Users and third parties visiting the Site. WIRZUM does not recommend Users, Objects, Services, or Activities. Any suggestion that User or Object or Service or Activity are “confirmed” (or expression identical in content) exclusively means that i) the User, Service or Activity has been verified and confirmed at the site, ii) WIRZUM has directly set Object actual availability and specificities. Meanwhile, any confirmations and definitions, provided by WIRZUM under any circumstances cannot be considered guarantees or recommendations from WIRZUM. Any photo or video material available on the Site aims presentation of the Object at the time of the recording and WIRZUM is not responsible for compliance of photo and video materials available at the Site with the actual condition of the Object, if the Announcement does not explicitly indicate something else.

2.4. Under any circumstances Users are not employees working under contract or on a fee basis, who are directly or indirectly associated with WIRZUM. Users act exclusively on their behalf, on their initiative, at their own risk, and in their interest.

2.5. Users are individually responsible for compliance with their contractual obligations and for breaching the contract.

2.6. Users agree that information allocated at the Site may be demonstrated at the other Internet resources, as well as in advertisements on the Internet and offline.

Users agree that information provided by them can be translated into other languages entirely or partially, including the application of automatic translators. Third-party developers and providers of corresponding software products provide the translation without quality assurance and accuracy of such translations by both WIRZUM and developers and providers of the mentioned software products. Translations of the Announcements, placed by Users are inspected and corrected on their own.  

2.8. The Platform may contain hyperlinks to third-party websites and resources and their use may be regulated by different terms and conditions, including privacy policy and data protection. WIRZUM is not responsible for the availability or accuracy of third-party services, as well as for content, products, and services represented in them. Availability of hyperlinks at Platform on third-party services does not consider any guarantee for them from WIRZUM.

2.9. WIRZUM does not guarantee permanent and continuous accessibility of the Platform. Accessibility of the Platform, its functions, partially or completely, can be limited to maintaining the security and integrity of servers for technical maintenance, that provides reliable and safe functioning of the Platform.  

3. Registration and verification of Users

3.1. To comprehensively use the functions of the Platform, the User should register an account and pass through the verification procedure.    

3.2. Natural person to be registered should have reached the age of majority and have full legal capacity. In the case of account registration of a legal entity, the User commits to provide to WIRZUM relevant competencies to act on behalf of the legal entity, as well as other permits and licenses stated in these Terms.

3.3. Registration at Site is free and demands from Users to accept these Terms. User agreement between WIRZUM and User arises only if these Terms are accepted.

3.4. At the time of registration User commits to provide accurate and complete information according to the requirements of the registration form, placed on the Platform. Data will have to be relevant and accurate at the date of registration. Multiple registrations under different names are prohibited. Single Users can register only one account. Transfer and negotiation of rights to use a registered account to third parties are not permitted. 

3.5. User is responsible for maintaining confidentiality and security of data in registered accounts. User is obliged to immediately notify WIRZUM about any circumstance, associated with loss, theft, illegal appropriation, or other misconduct of account details, as well as about any other circumstance of unauthorized use of account data. The user is responsible for all the actions conducted through his/her account on the Platform. WIRZUM does not empower anyone to request account details of other Users.

3.6. User agrees and acknowledges that the contact information indicated at the time of registration is to be used by WIRZUM by its own choice to send confirmations, passwords, codes, documents, advertisements, etc. through unencrypted communication channels. The User releases WIRZUM from any responsibility for possible negative consequences of using such communication channels (14.4 remains unchanged).

3.7. User commits to comply with all applicable standards of public law. WIRZUM strongly recommends to the User find more information on applicable legislation and public law regulations before placing an Announcement on the Platform. Users have to realize possible legal or administrative limitations. In some cases, the User may be obliged to obtain administrative permits by law.

3.8. Placing Announcement on the Platform, User declares and assures (irrespective of the degree of responsibility), that his/her Announcement will not violate previously concluded agreements with third parties, i.e. about homeowners association or cohabitation, etc.

3.9. By using or viewing the Site, the User declares and assures (irrespective of the degree of responsibility), that will not use the Platform if it is prohibited by laws of the User’s place of residence.

3.10. WIRZUM reserves the right to access functions of the Platform (limit or expand) in terms of certain criteria are met by the User, i.e. the verification process, achieving particular requirements, including certain assessments and ratings. WIRZUM reserves the right to limit or expand access to the Platform for the Users violating current Terms, without the necessity of preliminary notifications.

3.11. WIRZUM is taking every available and legal effort to verify Users. To ensure transparency and safety of operations at the Platform, as well as to prevent fraudulent and other criminal acts, WIRZUM has the right but is not obliged to implement measures (as far as they permitted) such as i) requesting Users for official documents to verify identity, extracts from the trading register, confirmation of creditworthiness (i.e. Schufa personal information), as well as to process additional verification tests for the provided information, ii) to check the User data through third-party databases and other sources, including request information from competent authorities, iii) request Users to provide technical documents for the Object, as well as documents to confirm the User’s right to the Object. 

4. General regulations and recommendations

4.1. User is fully responsible for all the information, placed on the Platform and is obliged not to place any illegal information and to refrain from unlawful activities. The user assures and takes the responsibility for the Announcement placed on the Platform always will be truthful, accurate, and non-misleading. User is obliged, when necessary to monitor and actualize (update) the placed Announcement with reasonable frequency, which allows for timely informing other Users of the Platform about a change in the status or content of placed Announcement.

4.2. Users, offering an Object, Service, or Activity in the Announcement, are fully responsible for an accurate and complete description of the Object, Service, or Activity. User Announcements, containing offers of Objects, Services, or Activities, must include complete information about tariff rates and pricing, tax sum/rate (i.e. VAT), information on any fees charged, guarantee fees, applicable discounts, etc. User Announcements, containing Object, Service, or Activity offers must contain information about the procedures and ways to regulate agreement termination, cancellation of Services and Activities, conditions for exclusive law clauses, as well as conditions of the offer, allowing other Users to form an unambiguous view about the Announcement offer. Unless the WIRZUM has specified otherwise, the Announcement placed on the Platform should not contain telephone, fax numbers and email addresses (including Skype), hyperlinks to websites/applications/platforms, social networks (including Twitter and Facebook) with direct links to the Object, Service or Activity or third-party websites, platforms, tools or other devices of third-parties. 

WIRZUM reserves the right to edit or exclude any information if it was found to be incorrect, incomplete, or violates these Terms.

4.3. Unless otherwise expressively provided in these Terms or separate rules or manuals, published at Platform in corresponding chapters, all the changes, updates, and/or supplements to Announcements should have been done online directly by the User using methods, specified by WIRZUM. Updates and changes of graphical content, photos, and descriptions WIRZUM processes as quickly as possible.  

4.4. One Landlord can place an unlimited number of Announcements of Objects.

4.5. Users placing Announcements are fully responsible for setting a price for their offer.

4.6. If the User placing an offer requests bail, this should have been pointed out in the Announcement.

4.7. In the case of Long-term rent Landlord may provide to the Tenant a time-limited offer. In this case, the Landlord is obliged to inform WIRZUM about the offer and its deadline.

4.8. All the terms, indicated by the User in the Announcement, will not contradict these Terms and other regulations, placed in special sections of the Platform, which have been accepted by the User at the time of registration.

4.9. Placing photo and video materials, the User assures, that such materials precisely reflect the content of the offer. WIRZUM is entitled to establish requirements for a minimal number, format, size, and resolution of such materials in the Announcement and the User obliges to comply with the established requirements.

4.10. Users, intended to take advantage of the offer in the Announcement, are obliged to follow the terms, indicated in the Announcement, as well as rules and requirements, established by WIRZUM (including requirements of the verification process). All the tariffs, associated with the use of the Object and (or) Service and (or) participation in Activity, including possible taxes and levies, commissions, bails, necessary payments (“Total costs”) are brought to the attention of the User before rent or purchase of corresponding Service or Activity.

4.11. The User accepted the firm offer and enters into legally binding contractual commitments with the User, who placed the offer at the Announcement. Such relationships, if necessary, can be regulated by additional terms, established by the User in the respective Announcement, including regulations concerning cancellation/dissolution of contractual relationships.

4.12. Since the other definitions are missing, the User acts on his/her behalf at his/her own risk. If the User acts on behalf of third parties, he/she must ensure that third parties accept these Terms. If the User does not do so, he/she is solely responsible for WIRZUM.  

4.13. The rules and procedure of payments, which are made by the User on the Platform, as well as the number of commissions charged for conducting transactions, are established by payment system operators and are reported in special sections of the Platform aiming to inform Users.

4.14. In the case of possible disagreement between Users (i.e. extrajudicial settlement of legal disputes) Users agree to cooperate with WIRZUM aiming for the extrajudicial settlement of disputes.   

4.15. Users are permitted to use addresses, contact details and email addresses of other Users, which are available at using the Platform or through it, only for purposes, which are associated with the use of the Platform. Such information is not permitted to transfer to third parties or use to send advertisements. 

4.16. User is prohibited to send multiple messages with the same content (spam) through the Platform. WIRZUM is eligible to prohibit any actions of sending spam or similar actions to other Users or third parties.

4.17. Every User bears responsibility for possible archiving of information placed by him/her.

4.18. User is aware that any unauthorized interference with the system of the Platform and illegal exploring of computer data, as well as data interceptions may lead to civil and criminal prosecution. WIRZUM inspects any infringements and reserves the right to take actions aimed at cutting off illicit or unauthorized actions.

4.19. In case of violation of these Terms, WIRZUM may prohibit the use of Platform for such a User, delete User content (active hyperlink to User content to 9.1), block or delete the account, as well as to undertake other legal actions to pre-empt violations, as well as to restore violated rights.

5. Cancellation policy

5.1. Long-term rent:

The general rules of cancellation/early termination of Long-term rent of the Object consider that long-term booking can be canceled without any consequences before the rental agreement commitment.

After the commitment of an agreement of Long-term rent, the booking can be canceled only after written notification to the Landlord no later than 2 months before the anticipated date of rent termination if another notification date is not indicated in the rent agreement or/and Landlord Announcement.

In case of early termination of Long-term rent, the WIRZUM Commission is paid according to the rules of 8.2.1.1. point of these Terms. 

5.2. Short-term cancellation policy of the Object

5.2.1. Terms and rules to cancel Short-term rent of the Object for less than 60 days are established by the Landlord for either option listed below:  

Flexible

• Free of charge cancellation of the Object rent 24 hours before arrival (time will be indicated in the confirmation email). Tenants receive a full refund.
• Later cancellation of the rental of the Object is not refunded and WIRZUM commission is paid at the full rate.

Balanced

• Tenants may cancel rent of the Object not later than 7 days before the arrival date to receive a full refund.
• If Tenant cancels the rent of the Object less than 7 days before the arrival date, 100% of the payment for the total sum of the rent is to be charged plus 50% of the sum of payment for the remaining period of the rent. WIRZUM commission is paid from the total sum for Object rent. 
• If the Tenant terminates the rent of the Object ahead of time during the stay, the payment is charged for the actual term of the rent of the Object plus 50% of the sum of payment for the remaining period.  WIRZUM-Fee is paid from the total sum for Object rent.

Balanced-strict

• To receive a full refund, the Tenant must cancel the rent of the Object not later than 30 days before the arrival date.
• If the arrival day is in less than 30 days, but more than 7 days, 50% of the payment for the total sum of the rent is to be charged. WIRZUM commission is paid from the total sum for Object rent.
• If Tenant cancels the rent of the Object less than 7 days before the arrival date, 100% of the payment for the total sum of the rent is to be charged. WIRZUM commission is paid at the full rate.
• The Tenant can receive a full refund if he/she cancels the rent of the Object within 48 hours after booking and 14 days remaining before the date of arrival.

Strict

• To receive a full refund Tenant must cancel the rent of the Object within 24 hours after booking and no later than 14 days before the date of arrival.
• If the arrival day is in less than 14 days, but more than 7 days, 50% of the payment for the total sum of the rent is to be charged. WIRZUM commission is paid from the total sum for Object rent.
• If the rent of the Object is canceled less than 7 days before the date of arrival no refund will be made and WIRZUM Commission is paid at the full rate.

The Landlord must choose and select one of the abovementioned cancellation options for the rent of the Object while placing the Announcement. The Landlord may change the terms of cancellation of the rent of the Object at any time, hence such changes will be valid for new bookings, committed after the date of published changes. For bookings committed before published changes of cancellation terms, is applied the cancellation option, which was indicated by the Landlord at the time of the booking of the Object by the Tenant. 

5.2.2. Cancelation of Short-term rent of the Object for more than 60 days is undertaken according to the following rules:  

In the case of cancelation of the Object rent within 48 hours from the moment of booking and if not less than 30 calendar days left before the date of arrival inclusively, the Tenant receives a full refund, no WIRZUM-Fee is charged.

In the case of cancelation of the Object rent within 24 hours from the moment of booking and if not less than 14 calendar days left before the date of arrival inclusively, the Tenant receives a full refund minus 50% of the rent price for the Object for one month, WIRZUM-Fee is charged from the payment made.

In the case of cancelation of the Object rent and if less than 14 calendar days left before the date of arrival, the Tenant receives a full refund minus 100% of the rent price for the Object for one month, WIRZUM-Fee is charged from the payment made.

If the Tenant terminates the rent of the Object before term during a stay, the payment is charged for the factual rental period plus 50% of the sum for the rent for the remaining period of the rent. Cases of early termination of the rent of the Object for more than 60 calendar days because of emergency circumstances and associated refund are subject to individual review upon written request to WIRZUM.

5.3. Activities

The terms and rules to cancel the order of the Activity are established by the Organizer of the Activity according to the either of below-listed options:

Option “Spare”: Cancelation of the order to participate in the Activity with a full refund of the paid sum is possible anytime before the beginning of the Activity, as indicated in the particular Announcement.

Option “Parity”: cancelation of the order to participate in the Activity with a full refund is possible no later than 48 hours before the beginning of the Activity, as indicated in the corresponding Announcement. If the order to participate in the Activity has been canceled in less than 48 hours, but more than 24 hours before the beginning of the Activity, 50% of the payment for the total order price will be charged. In the case of cancelation of the Activity less than 24 hours before the beginning of the Activity, as indicated in the corresponding Announcement, the full price of the order is charged. The WIRZUM Commission is paid according to the rules of 8.2.2. point of these Terms.

5.4. Services

If the customer of the Service is a user, he/she has a right to cancel the Service without any explanation through a clear statement (i.e. letter sent through mail service, fax, or email), compensating actual expenditures, made before the Service cancelation date. For some Services, the Executors may establish additional cancelation terms, shared with the Users in the corresponding Announcement.

5.5. Force majeure and valid reasons for cancellation

As a general rule the unforeseen circumstances, raised after booking of the Object or order of the Activity (force majeure) are considered valid reasons for cancellation and allow the Users to get a full or partial refund and/or another form of reimbursement and avoid negative consequences of the cancellation. In the context of these Terms the circumstances of a force majeure and valid reasons for cancelation are:

Changes in state legal requirements (limitations) for mobility or stay in a certain territory (changed visa requirements, requirements to the documents, necessary for visiting and stay (living)) in a territory that arose after booking of the Object and/or order of Activity,

Emergency announced by the government because of natural disasters, hazards, technological disasters, disease outbreaks, epidemics, pandemics, except outburst of the diseases, endemic to a particular region,

Military actions, incursions, civil war, terrorism, explosions, bombing, insurrections, riots, mutinies, civil unrests, and civil commotions,

In the case of Long-term rent of the Object, a valid reason for cancellation can be considered a stable deterioration in the health status, which has developed after booking the Object and requires a different degree of care and/or equipment of the Object.   

You must be ready to provide documents proving that you or your booking have been affected by force majeure circumstances or other valid reasons.

Other reasons, which possibly will lead to the cancelation of the booking or an order to participate in the Activity are not considered valid, but not limited to disease or injury, taking part in legal proceedings as a party, witness, juror, Expert; conscription; government statements, which does not consider travel bans; cancellation or postponement of the event for which the reservation was made, traffic disruptions, not associated with force majeure, etc. If the reason for cancellation of the booking of the Object or the order to participate in an Activity is not considered valid according to these Terms, the refund amount is determined by the Cancellation Policy and the rules indicated in the corresponding Announcement.

If the event that led to the cancellation of the Object booking or the Activity order falls within the definition of force majeure or valid reason, WIRZUM will inform about it and will give relevant instructions for further actions.

6. Exclusive right to cancel the contract in long-term rental

The landlord may provide to the Tenant an exclusive right to cancel the contract of long-term rental for one year and more, according to which cancellation is permitted in 30 days from the moment of notification received. Terms about the exclusive right to cancel the contract must be indicated in the Announcement.  

7. Reporting obligations of Landlords and Tenants to the WIRZUM

7.1. Reporting obligations of the Landlord

The Landlord is obliged to provide WIRZUM a review of a positive or negative decision concerning the request of a potential Tenant, the conclusion of the rental contract, or its final rejection, the following link in the email from WIRZUM, and filling provided form. 

The Landlord is obliged to provide the review immediately, not later than 48 hours after the corresponding event (i.e. negative decision upon request of potential tenant) if and whether that period is reasonable for Landlord. 

7.2. Reporting obligations of the Tenant.

The tenant is to provide a review about negotiations with a potential Landlord, following the link in the email from WIRZUM, and inform WIRZUM about the result of negotiations, filling out the provided form. 

The tenant must provide the review immediately after the response of the potential Landlord not later than 48 hours, if and whether that period is reasonable for the Tenant.

8. WIRZUM-Fee

8.1. For User support, development of the Platform, and operational expenses WIRZUM charges a Fee (“WIRZUM Fee” or Fee). WIRZUM-Fee is charged upon receipt between Users of the Platform (rental contract, purchase of Service, or Activity).

In all cases of Short-term rent, purchase of Service, or Activity the WIRZUM-Fee is charged from the User, offering an Object, Service, or Activity.

In the case of Long-term rent, WIRZUM-Fee is paid by the User, who commits to pay Fee in the Announcement and concluded a Fee Agreement with WIRZUM. For Long-term rent, Users conducting transactions may give joint consent to pay WIRZUM Fee and conclude a Fee agreement with WIRZUM. In such a case, the sum of Fee to be paid is shared between Users by default, if Users have not specified otherwise. 

If the User acts on behalf of the third party, who is committed to paying Fee in the context of current Terms, User is committed to paying Fee for the entity, on behalf of whom he/she makes actions at Platform.

8.2. WIRZUM-Commission rate and payment procedure

8.2.1. Commission for rent of the Objects

8.2.1.1. Long-term rent (more than 12 months):

Commission rate accounts for 8% of the net rental (excluding additional costs and utility expenses) for the rental period of the Object, hence not exceeding 8% of the net rental for two years of Object rent plus the statutory VAT. According to the User’s choice, the WIRZUM-commission for Long-term rental of the Object can be paid as a one-time payment if the duration of rent does not exceed 24 months or within 24 months if the duration of the rent exceeds 24 months. The payment schedule is formed by the Platform and is directed to the User. WIRZUM does not charge an additional fee for payment installment while paying Fee. 

If the Long-term rental has been canceled or terminated before the term, and WIRZUM-Commission was paid as a one-time payment for the complete duration of the rent, Commission is returned proportionally to the unutilized duration of the stay plus one month. 

Users can make payments to the WIRZUM-Commission in any convenient way:

Through the Payment services available at Platform. In such a case, WIRZUM is liable to charge Commission for the payments, made by Users on the Platform. Users are committed to making all the appropriate actions and formalities to maintain the legacy and validity of such retention according to the terms and regulations of the payment service operator.

Bank transfer of WIRZUM-Commission carried out by Consent to retention.

In a case when User (Users) pay WIRZUM-Commission in installments, he/she (them) give their consent to follow the abovementioned payment Regulations or give a consent Commission to be charged off for the benefit of WIRZUM. Any expenses, associated with the payment procedure, including bank commissions or payment system operator commissions are carried out by the payer. To find out the best option WIRZUM recommends Users clarify the bank commission rate or commission rate for the payment service of the payment system operator. 

If the payment is made in installments and the User violates the payment schedule, WIRZUM is eligible to claim the User to make a one-time payment of the total sum of the Commission minus the sum that has already been paid. The non-payment of Commission for two and more payment periods is considered a violation of payment obligations, in absence of documents confirming cancellation (termination) of rent or in absence of exceptional circumstances, informed in written form by the User to the WIRZUM in advance.

8.2.1.2. Short-term rent (less than or 12 months)

The Commission rate accounts for 10% of the net rental for the rent period of the Object, plus the statutory VAT. The WIRZUM-Commission for Short-term rent of the Object can be made as a one-time payment in the full amount or installments during the rental period if the duration of the rent exceeds 60 calendar days. No installment is available if the duration of the rent is less than 60 days. An installment option for WIRZUM-Commission payment is provided if the Object rent payments are also made as installments with Landlord’s consent, as indicated in the Object Announcement.

The payment schedule is formed by the Platform and is directed to the User. WIRZUM does not charge an additional fee for payment installment while paying Commission. To calculate the installment period, as well as for Commission payment, the following rule is applicable:

If the WIRZUM-Commission was made as a one-time payment, and Short-term rent has been canceled or terminated before term, and Fee is returned according to the “Short-term rent cancellation policy” (6th paragraph of these Terms).

8.2.2. Activities

(Coming into effect on May 1st, 2024)

No WIRZUM-Сommission will be charged until May 1st, 2024. The Organizer of the Activity only pays the fee of the payment service operator that is charged for the transaction.

WIRZUM-Commision rate accounts for 20% of the Activity cost, as indicated in the Announcement plus the statutory VAT. The Commision sum is automatically retained from the payment made to the Organizer of the Activity. No installment option is considered for Fee payment. The payments to the Organizer of the Activity are made through the payment service operator, available at Platform.

The Organizer of the Activity commits to undertake all the necessary actions and formalities according to the requirements and rules of the payment service operator, particularly, to register his/her account in the payment operator system through a personal account at Platform.

WIRZUM does not charge for the purchase of participation in the Activity, organized for charity purposes. Such a purpose must be indicated in the Announcement and WIRZUM is liable to ensure, that the charity purpose complies with the character and content of the Activity claimed by the Organizer of the Activity.

8.2.3. Services

(Coming into effect on May 1st, 2024)

No WIRZUM-Сommission will be charged until May 1st, 2024. The Service Provider only pays the fee of the payment service operator that is charged for the transaction.

The Fee rate accounts for 8% of Service cost, plus the statutory VAT. The Fee sum is automatically retained from the payment as a lump sum. No installment option is considered for Fee payment. The payments to the Service Provider are held through the Payment service operator, available at Platform.

The Service Provider commits to undertake any necessary actions and formalities according to the requirements and rules of the payment service operator, particularly, to register his/ her account in the payment operator system through a personal account at Platform.

9. The Platform and Content Management

9.1. Depending on User’s interests and aims, WIRZUM allows them to post, send, receive, save texts, audio, video materials, and information, as well as view materials, uploaded to the Platform by other Users (“User Content”), as well as any other content, which WIRZUM independently places at Platform, including own content and licensed content or provided by third-party owners of the content (hereafter “WIRZUM Content”).

9.2. Platform and any content may be entirely or partially protected by copyright laws, trading marks, and/or other laws. Users are not entitled to delete, change or cover notifications about copyright laws, trademarks, service marks, and other protected rights, which are considered as part of the Platform and/or content or are associated with them. All the trademarks, service marks, logos, commercial and other protected designations of WIRZUM LTD. company or third parties, used at Platform or in the content, may be the property of the respective owners.

9.3. Users are not entitled to copy, adapt, modify, disseminate, sell, assign, publically demonstrate, publically perform, broadcast, transmit or use the Platform or content in any other way, as well as develop derivative works on their basis and provide licenses on them, except methods stipulated by these Terms or for own User content. No licenses or rights are provided indirectly or otherwise by intellectual property, which belongs to or is regulated by WIRZUM LTD. Company or by its licensors, except licenses and rights, expressly provided by these Terms.

9.4. If the User meets the following Terms, WIRZUM provides to the User a limited, non-exclusive non-transferable license, with a review option. Particularly, i) for download and use of Platform at User’s personal devices, ii) for access and view of any content, provided by Platform or through it exclusively for personal use and non-commercial purposes, not associated with entrepreneurial activity and earning income.

9.5. By placing on Platform or through it any User content and making it available by any means, the User provides WIRZUM LTD. a non-exclusive, non-reimbursable, unlimited, and irrevocable license with the right of sublicensing, valid at the territory of the entire world, without limitations to use User Content in any manner for development and promotion of the Platform, including, but not limited with a view, save, copy, adaptation, change, dissemination, publication, broadcasting, transmit and use on any media and platforms, as well as processing and creation of derivative works on its basis. User Content, including personal details of the User, will be used for the abovementioned purposes under Privacy Policy (active hyperlink to Policy) and applicable laws. None of the statements of these Terms and regulations can be interpreted as a limitation of any User rights to use own User content.

9.6. WIRZUM may freely use any comments, information, images, or ideas, contained in any message, which the User may send using Platform or through it for any purpose without compensation, confirmation, or payment to the User. This includes, among others, production and marketing of its own products services, development, change, and enhancement of Services or Site. To avoid doubts, all such information will be considered by WIRZUM as non-confidential, not a User property and the User agrees that such information can be used by WIRZUM without any limitations. 

9.7. User explicitly agrees that WIRZUM may freely read any messages, sent by Users to each other for any purposes, considered appropriate by WIRZUM.

9.8. User agrees that WIRZUM may freely publish and use any information, posted by User at Platform without indicating the User as a source of such information and/or creator (author) of User content.  

9.9. User allows WIRZUM to use and show his/her photo and profile picture on the Site.

The user is solely responsible for whole User content, placed on the Platform. The user assures that is i) the only, exclusive rightful owner of User content and has all the rights, licenses, and permissions, necessary to grant WIRZUM rights to such User Content, ii) User Content and/or its use entirely or partially, including the methods, described in 9.5p of this Terms, do not violate protected copyright and rights of third parties for any means of identification, commercial secret, someone else’s ownership rights, and intellectual property, as well as someone else’s rights of publicity and privacy and do not lead to violation of applicable law or regulation.

9.11. The User commits not to publish, place, and transfer User Content, which is i) unreliable, false, and misleading (directly or indirectly), ii) is offensive, pornographic or obscene, defamatory, iii) promoting intolerance, racism, hate, discrimination, or aggression, iv) promotes violence, cruelty and contains threats, v) promotes illegal activity or prohibited substances, vi) violates these Terms and other regulations of the Platform, placed in corresponding sections, as well as applicable legislation. WIRZUM may at any time delete, block access to any User Content, if considered, that User content violates applicable legislation, these Terms, any other regulations, placed on Platform in corresponding sections or in any other way may harm Platform, WIRZUM, other Users or third parties.   

10. Activities

10.1. Users understand and agree that WIRZUM is not an organizer of any Activities and is not responsible for possible negative consequences of poor choice or discrepancy between User’s expectations and the content or conditions of Activity, stated in the Announcement. User, making choice and booking of Activity at Platform and assumes full responsibility for adequately evaluating of consistency between his/her skills, abilities, physical activity, health, and other indicators, declared in the offer of Organizer of the activity. The user understands and agrees that some Activities can be associated with certain risks and making a decision to take part in such an Activity, the User consciously and voluntarily accepts the risks.

10.2. User, committing booking or purchase of Activity, may on his/her own at Platform or through it inform Organizer of activity about the circumstance of his/her participation in upcoming event or activity and(or) reconcile additional points of detail.

10.3. Users must get informed themselves and examine the laws, regulations, and statements, which are valid in the place of the organization (carrying out) of Activity and ensure compliance, including necessary registration, obtaining permissions, licenses, payment of taxes or prescribed fees and(or) duties.   

10.4. User, purchased participation in Activity, cannot bring another individual if they were have not been mentioned while booking Activity at Platform.

10.5. All the additional requirements and conditions for participation in the Activity are brought to the attention of Users in the Activity Organizer’s offer. 

11. Ratings and Reviews

11.1. Order assessing Object/Service/Activity at Platform (“Rating”) automatically and unilaterally is determined by WIRZUM. Rating is formed taking into consideration of such factors: completeness, accuracy, and timeliness of Announcements, volume, and history of posting Announcements, the dedication of the User to the aims and rules of the Platform, statistics of successful transactions and cancellations, User loyalty to Platform and other Users (consent/refusal to pay Commission, availability/absence of special law to cancel the rental contract, number, and types of complaints by other Users), reviews of other Users.    

11.2. Users can affect their rating, diligently interacting with Platform and other Users, with respect for the principles and regulations of Platform, providing high-quality Objects, Services, demanded Activities, additional services, continuously improving service and other factors. Users cannot make any claims to WIRZUM regarding rankings: the rating system is automated.     

11.3. Within a certain time after use of the Object, Service, or Activity, Users may leave a public review (“Review”). The review reflects the subjective view of the author of the Review and WIRZUM does not check the accuracy of reviews, which could be false or misleading. Users assume obligations to leave honest feedback and avoid offensive or injurious statements. Users are prohibited to ask, and force third parties to write positive or negative reviews about other Users.     

11.4. WIRZUM reserves the right to post User reviews and evaluations at Platform without any obligations to check them, being a provider, but not a publisher of that comments.

11.5. WIRZUM commits to taking all the efforts to track and verify the Reviews subjected to indecencies or use of personal details. Without any obligations, WIRZUM reserves the right to reject, edit or delete Reviews in cases when they contain offenses, indecencies, personal details of other Users, as well as do not refer to the Platform, Object, service, and Activity. 

11.6. WIRZUM will not get involved in any discussions, negotiations, or correspondence with the User regarding the content or consequences of publication or dissemination of User Reviews on the Platform.   

11.7. WIRZUM is not responsible and denies any responsibility in the future for content and consequences of publication or dissemination of any comments or reviews in any way.

12. Privacy Policy

Privacy policy is available on the WIRZUM platform and can be freely accessed to find out which personal information is collected by WIRZUM, about the purposes of such collection, processing, and use, as well as about measures related to User privacy protection.  

13. Liability and jurisdiction agreement

13.1. These Terms are interpreted and regulated according to the law of the Cyprus Republic. In the cases when the User of the Platform has been implicated as a consumer, for him/her, consumer, statutory provisions of the habituation country to protect consumer’s rights have preferential regulation, such regulation is valid independently from chosen applicable law. However, as a consumer, the User may make claims for his/her own choice both to the competent courts from their place of residence, as well as to the Cyprus Republic court. If WIRZUM would like to defend its right to the customer, in such a case WIRZUM may act as an entrepreneur before the competent court from the residence of the consumer. If the Platform User acts as an entrepreneur, he/she agrees to obey the exclusive prerogative of a court at the location of WIRZUM (t. Limassol, Cyprus Republic). 

14. Responsibility

WIRZUM is responsible for any losses for itself and its trustees, independently from legal reasons, including offense only in a case if WIRZUM or its trustees have violated substantial contractual obligations in a way that jeopardized the contractual purposes or damage arose because of gross negligence or intention by WIRZUM or its trustees.

If the violations of substantial contractual obligations did not undertake because of gross negligence or intended act, the WIRZUM’s responsibility is limited with such a typical loss, which WIRZUM may reasonably foresee at the time of contract conclusion. This limitation of responsibility is extended also at losses amount. In the abovementioned cases, responsibility for financial loss is limited to 2000 EUROS. The abovementioned limitations of responsibility are not valid in case of errors of possible guaranteed properties and responsibilities of WIRZUM according to law about the responsibility of producer for quality of the product.   

15. Concluding remarks

15.1. WIRZUM reserves the right to change these Terms at any time without citing reasons. Information about changes and modified Terms are published at the Site not later, than 2 weeks before the changes enter into force.   

15.2. This Term is a comprehensive agreement between WIRZUM and the User to use the Platform.

15.3. Not using of any right or any statement from this Terms and regulations do not consider refusal of the right or statement.   

15.4. According to these Terms User cannot transfer any rights to the third parties without written permission of WIRZUM. The right of WIRZUM to assignment remains unchanged.

15.5. If you have any questions about these Terms, contact us via email: [email protected]