Offer for the Sales
This document is a proposal (offer) from Limited Liability Company "FLAT INN" (LLC "FLAT INN"), hereinafter referred to as the "Customer", addressed to an individual registered as a payer of the tax on professional income (hereinafter – "Self-employed" or "Contractor"), to conclude a service agreement on the terms set forth below.
TERMS
«Offer» — this document "Offer for the Provision of Complex Guest Relations Services at Customer's Objects", posted on the Internet at: https://flatinn.ru, (hereinafter – "Offer", "Agreement").
«Acceptance of the Offer» — full and unconditional acceptance of the Offer by the Contractor by performing the actions specified in Section 4 of this Offer. The Agreement is concluded by the Acceptance of the Offer.
«Contractor» — an individual registered as a taxpayer of the tax on professional income (self-employed), who has accepted this Offer to provide the Customer with services for the reception and accommodation of guests at the Customer's Objects.
«Request (Application)» — information transmitted by the Customer to the Contractor in the manner prescribed by the Offer regarding the need to provide the Customer with complex Guest Relations services at the Customer's Objects. The Request specifies the volume and list of services, the term of service provision, and the cost of services.
«Reporting Period» — a period equal to 7 (seven) calendar days (from Monday to Sunday). In this case, the first Reporting Period is recognized as the period of time from the moment of Acceptance of the Offer until the end of the corresponding calendar week (Sunday is the last day of the calendar week), and the last Reporting Period is the period of time from the start date of the corresponding calendar week until the date of termination of the Agreement.
«Customer's Object» – residential premises (apartments, flats) under the management or lease of the Customer or another third party.
«Guest» – a client of the Customer's service https://flatinn.ru/.
«Third Parties» – the Contractor has the right to involve third parties, but with mandatory prior agreement with the Customer, with the exception of cases involving subcontractors providing cleaning services.
Terms not defined in this section of the Offer may be used in the Offer. In this case, the interpretation of such a term is made in accordance with the terms of the Offer and the text of this Offer. In the absence of an unambiguous interpretation of the term in the text of the indicated documents, one should be guided by the interpretation of the term defined, firstly, by the legislation of the Russian Federation, and secondly, by that established (commonly used) on the Internet.
1. SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor assumes the obligation to provide services to the Customer as a Guest Relations Manager (hereinafter – "Services") in accordance with the list specified in Clause 3 of this Agreement, on the terms established by this Offer.
1.2. The Customer undertakes to accept and pay for Services rendered by the Contractor properly and in accordance with the terms of this Agreement.
1.3. This Agreement is not an employment contract, and no labor relations arise between the Customer and the Contractor. The Contractor independently determines the methods and procedure for providing Services, without being subject to the Customer's internal labor regulations.
1.4. The Offer does not impose an obligation on the Customer to issue a Request (application) for the provision of services to the Contractor and does not impose an obligation on the Contractor to provide Services to the Customer prior to the Parties agreeing on the relevant Request (application) for the provision of services.
1.5. The Contractor independently chooses the place and time of service provision, uses their own technical and software means for Internet access; the time is set by the Customer in the relevant Request.
1.6. Requests for the provision of Services agreed upon by the Parties are an integral part of this Agreement.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor (Self-employed) undertakes:
2.1.1. To have the status of a taxpayer of the tax on professional income (self-employed) during the entire term of this Agreement. In case of loss of the said status, immediately notify the Customer thereof.
2.1.2. The Contractor has the right to involve third parties for the fulfillment of their obligations only after agreement with the Customer in writing (for example, by email), and this must contain information about the qualifications of the person involved and the list of services they will provide. The Contractor is liable for the actions of third parties involved by them as for their own.
2.1.3. If the provision of services is carried out with the involvement of third parties, the Contractor is obliged to conclude an agreement with them containing provisions on liability for the safety of property, trade secrets, and the security of personal data.
2.1.4. To provide the Customer with receipts (in electronic form or on paper) confirming receipt of payment for the Services rendered in the manner and terms established by Federal Law No. 422-FZ of November 27, 2018 "On conducting an experiment to establish a special tax regime Tax on Professional Income".
2.1.5. To independently pay the tax on professional income and other mandatory payments provided for by the legislation of the Russian Federation.
2.1.6. To properly store and process personal data in accordance with the legislation on personal data, in case of gaining access to such data in the process of providing services under this agreement.
2.1.7. In the event that authorized bodies establish the fact of the existence of labor relations between the Contractor and the Customer, the Contractor undertakes to immediately notify the Customer thereof.
2.1.8. In the event that, as a result of the establishment by authorized bodies of the fact of the existence of labor relations, the Customer is presented with requirements for the payment of fines and other mandatory payments, the Contractor undertakes to reimburse the Customer for all losses incurred in connection with this.
2.1.9. To provide services in accordance with confirmed Requests.
2.1.10. To notify the Customer in writing of all cases of inability to fulfill their obligations under the accepted Request (application) within 2 (Two) hours from the moment such circumstances are identified.
2.2. The Contractor (Self-employed) has the right:
2.2.1. To receive timely payment for Services rendered in accordance with the terms of this Agreement.
2.2.2. To request information and documents from the Customer necessary for the provision of Services.
2.2.3. The Contractor has the right to refuse to fulfill a Request if it does not correspond to their capabilities or requirements.
2.2.4. The Contractor has the right to receive feedback and clarifications based on the results of quality control of the services rendered.
2.3. The Customer undertakes:
2.3.1. To timely pay for Services rendered by the Contractor in accordance with the terms of this Agreement.
2.3.2. To provide the Contractor with information and documents necessary for the provision of Services.
2.4. The Customer has the right:
2.4.1. To control the quality of Services rendered by the Contractor.
2.4.2. To demand that the Contractor eliminate deficiencies in the rendered Services.
2.4.3. To refuse to pay for Services rendered improperly.
3. SERVICES RENDERED (LIST OF SERVICES)
3.1. Interaction and communication with guests:
3.1.1. Be consistently polite and correct in all interactions with arriving and residing guests.
3.1.2. Be available for communication by phone, messengers, and email during the time specified in the request.
3.1.3. Promptly and professionally answer guest requests and questions.
3.1.4. Proactively respond to guest needs and resolve arising problems.
3.1.5. Monitor the quality of services provided to the guest.
3.1.6. Resolve conflict situations.
3.2. Control and interaction with the support service of the channel manager and booking platforms:
3.2.1. When starting a shift, check the functionality and availability of listings on booking platforms.
3.2.2. Monitor the relevance of information about accommodation facilities, available calendar, and prices.
3.2.3. Respond in a timely manner to requests for new bookings on booking platforms.
3.2.4. Contact the support service of the services and platforms used in case of problems on their side.
3.3. Reputation management and working with reviews:
3.3.1. Upon guest departure, ask to rate the quality of the services rendered.
3.3.2. Respond to reviews and questions left by guests on booking platforms, and write return reviews for guests.
3.4. Registration and check-in of guests:
3.4.1. Check the availability of registration for all arriving guests and, if necessary, help them register on our website.
3.4.2. Check the correctness of the data provided by the guest - the number of arriving guests and verify their passport data.
3.4.3. After check-in, ask guests who have not filled out the questionnaire themselves how their check-in went, and fill it out together with them.
3.5. Access to apartments and Security:
3.5.1. Generate access keys to apartments and smart home controls for guests and send them to guests.
3.5.2. Control the sending of notifications to security guards about upcoming arrivals.
3.6. Booking and payment:
3.6.1. Help guests search for accommodation options.
3.6.2. Agree on the booking cost.
3.7. Interaction with other contractors:
3.7.1. Upon completion of the shift, transfer all unclosed deals to their shift replacement, providing comments on work with these appeals if necessary.
3.7.2. Transfer calls and appeals coming from apartment owners to the relevant departments of the Customer (depending on the subject of the appeal - to the Housekeeping department or the Sales department).
3.7.3. Analyze guest reviews posted on booking platforms and provide the Customer with proposals for improving service quality and increasing guest loyalty (for example, proposals for improving apartment equipment, changing cleaning standards, etc.).
4. PROCEDURE FOR AGREEING ON REQUESTS
4.1. During the validity of the Agreement, the Customer generates Requests (applications) to the Contractor for the provision of Services under the Agreement using the web interface on the Customer's website https://flatinn.ru/, or sends the Contractor a corresponding Request for the provision of services in the Telegram messenger.
A generated request is valid for 3 (three) days until its cancellation or acceptance by the Contractor.
Confirmation of readiness to fulfill the request is carried out as follows:
When generating a Request via the web interface on the Customer's website https://flatinn.ru/ - using the web interface on the Customer's website https://flatinn.ru/ - by clicking the "IN PROGRESS" button on the Application;
When generating a Request using the Telegram messenger - confirmation of readiness to fulfill the Request (application) by writing the corresponding text of acceptance of the Request from the Contractor's mobile number in the Telegram messenger;
4.2. The validity period of an accepted application is indicated in the application and is an integral part thereof.
4.3. Within 2 (two) business days after the end of the Reporting Period, the Contractor agrees on the Act of Services Rendered, generated on the flatinn.ru website, with the Customer, after which they upload the document signed by them via the web interface on the Customer's website https://flatinn.ru/.
4.4. The Contractor undertakes to ensure the transfer of original copies of the Act in such a way that they are received by the Customer no later than 15 (fifteen) days from the Reporting Period; otherwise, payment of remuneration for the rendered Services is suspended until the Contractor provides the originals of the documents specified in this clause.
4.5. In the event that the Contractor does not send the closing documents to the Customer within the specified period, an Act of Services Rendered for the next Reporting Period is generated with the inclusion of Services rendered in the previous Reporting Period. This rule can be applied an unlimited number of times until the originals of the closing documents are received from the Contractor.
4.6. Settlements for rendered services are made by the Customer in accordance with Clause 5 of the Offer.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. Payment for the Contractor's services is carried out on the basis of acts of acceptance of services.
5.2. Payment for Services is made by the Customer by transferring funds to the Contractor's settlement account within 3 (three) business days after the signing by the Parties of each Act of acceptance of services for the Reporting Period.
5.3. The act indicates the number and date of the act, on the basis of which payment is made in the payment order, when paying for services.
5.4. In the invoice, the purpose of payment indicates - "Payment under the offer agreement dated (date), for the services of the Guest Relations Manager for (period).
5.5. The Contractor uses personal equipment, internet, and telephone connection to interact with the Customer, including through the functionality of the web service in the personal account on the website https://flatinn.ru.
5.6. The cost of services indicated on the website includes all costs of the Contractor related to the fulfillment of obligations under this Agreement, including the Contractor's expenses for equipment, taxes, fees, and other payments established by the legislation of the Russian Federation.
5.7. The cost of services rendered is calculated based on the price list posted on the website at https://flatinn.ru/price/guest_relations/. The total cost of Services for the Reporting Period is formed from Requests submitted by the Customer and executed by the Contractor.
5.8. In case of performance by the Contractor of additional tasks not provided for by the price list, their cost is agreed upon by the Parties on an individual basis.
5.9. The Contractor is a person applying a special tax regime within the framework of the experiment in accordance with Federal Law No. 422-FZ of November 27, 2018 "On conducting an experiment to establish a special tax regime "Tax on professional income" (hereinafter – "Self-employed"):
5.10. The Contractor hereby gives their consent to the transfer and processing of personal data by the Customer by any means provided for in Clause 3, Article 3 of Federal Law No. 152-FZ of July 27, 2006 "On Personal Data", for the purpose of concluding and executing this Agreement, as well as for the purpose of the Customer's compliance with the requirements of the legislation of the Russian Federation.
5.11. The Contractor in the status of Self-employed agrees that when carrying out the procedure for transferring payment amounts, the payment system operator or credit institution selected by the Contractor in the status of Self-employed may withhold their commissions from the transferred amounts and request additional documents to carry out the operation.
The Customer is not obliged to participate in the interaction between the Contractor in the status of Self-employed and the payment system or credit institution, or the FPS (Fast Payment System).
5.12. The Parties have agreed that when calculating the cost of Services in the manner prescribed by the Agreement, the cost of unfairly generated and executed Requests is not taken into account.
6. LIABILITY OF THE PARTIES
6.1. The Parties bear liability for non-fulfillment or improper fulfillment of obligations assumed under this Agreement in accordance with the legislation of the Russian Federation.
6.2. The Contractor is liable for the timely and full payment of the tax on professional income.
6.3. In accordance with Art. 14 of Federal Law No. 422-FZ of November 27, 2018, the Contractor, for each amount paid to them by the Customer under this Agreement, undertakes to transfer to the Customer a receipt printed on paper or in electronic form generated during the settlement for services rendered under the Agreement within 1 (one) day from the date of payment.
6.4. In case of violation by the Contractor of the obligation to provide a receipt, the Customer has the right to suspend payment for Services until the receipt is provided.
6.5. In the event of losses caused by the Contractor's failure to comply with Clause 6.3 of this Agreement, the Contractor undertakes to reimburse the expenses incurred by the Customer.
6.6. In case of damage to the property of the Customer or third parties due to the fault of the Contractor during the provision of Services, the Contractor bears liability in accordance with the legislation of the Russian Federation.
6.7. Liability for violation of confidentiality arises in accordance with the legislation of the Russian Federation on the protection of personal data and trade secrets.
6.8. In case of violation by one of the Parties of obligations to comply with the requirements provided for in this clause, the Party has the right to immediately withdraw from the Agreement unilaterally out of court by sending a written notice of termination. The Agreement is considered terminated upon expiration of 10 (ten) calendar days from the date the other Party receives the corresponding written notice.
7. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT
7.1. The Contractor guarantees that at the time of acceptance of the offer they are a payer of NPD (Professional Income Tax) and provides the Customer with supporting documents.
7.2. The Parties mutually recognize the following actions as acceptance of this Offer by the Contractor:
7.2.1. Registration on the Customer's website https://flatinn.ru with the selection of the corresponding role - Reception and Accommodation Service as a user of the service.
7.4. Acceptance of the Offer creates an Agreement (Article 438 of the Civil Code of the Russian Federation) on the terms of the Offer.
7.5. If, after 1 (one) business day from the moment of Acceptance of the Offer, the Customer has not received confirmation of the Contractor's performance of the actions indicated above, the Customer has the right to terminate the Agreement unilaterally without prior notice to the Contractor.
8. TERM, AMENDMENT AND TERMINATION OF THE AGREEMENT
8.1. The Offer comes into force from the moment it is posted on the Internet at https://flatinn.ru and is valid until the Offer is withdrawn by the Customer.
8.2. The Customer reserves the right to make changes to the terms of the Offer, as well as to the Cost of Services, and/or withdraw the Offer at any time at its sole discretion. In the event that the Customer makes changes to the Offer and/or the Cost of Services, such changes come into force from the moment the changed text of the document is posted on the Internet at https://flatinn.ru, unless another term for the entry into force of changes is determined additionally upon such posting.
8.3. The Agreement comes into force from the moment of Acceptance of the Offer by the Contractor and is valid until the moment of termination of the Agreement.
8.4. The Contractor agrees and acknowledges that making changes to the Offer entails making changes to the Agreement concluded and valid between the Contractor and the Customer.
8.5. In case of a change by the Customer in the Cost of services, the cost of services already rendered is not subject to change.
8.6. The Agreement may be terminated:
8.6.1. By agreement of the Parties at any time.
8.6.2. At the initiative of either Party unilaterally with mandatory prior notification of the other Party at least 10 calendar days prior to the date of termination.
8.6.3. At the initiative of either Party in case of violation by the other Party of the terms of the Agreement with written notification of the other Party.
8.6.4. In case of loss by the Contractor of the status of self-employed.
8.6.5. In case of repeated (3 or more times during one reporting period) poor-quality provision of services by the Contractor, expressed in written claims of the Customer related to violation of regulations and rules for the provision of services specified in Clause 3 of this Agreement.
8.6.6. On other grounds provided for by this Offer.
8.7. Termination (cessation/withdrawal) of the Offer for the provision of services, regardless of the grounds for such termination (cessation/withdrawal), entails the automatic simultaneous termination of this Agreement.
