LANDLORD & TENANT

Thinking of listing a property in Zimbabwe as a Bed and Breakfast (B&B)?

It is important for both guests and hosts to know their rights. There are various things that guests and hosts should be aware of, such as the nature of the contract i.e., the terms of and conditions offered by home – sharing services that provide an online marketplace for short- and long-term lodging.

It is also important for people considering listing their properties in Zimbabwe as bed and breakfast (B&B) establishments on any of the home – sharing services / online platform, to know that such platforms do not ordinarily offer their own real estate, rather they act as middle men or commercial brokers and receive a commission for the transactions executed on their online platforms. For instance, to use these online short and long term stay online services, whether as a guest or a host, an individual has to register as a member.

By registering as a member, whether as a guest or a host, one accepts the various terms and conditions of the online accommodation service provider. It is important to know and understand the terms and conditions that members sign up to. For instance, the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded from most agreements. Furthermore, and more often than not, disputes are resolved by way of arbitration.

Before you decide to sign up and / or list your Zimbabwean property as a B&B on any of the leading home – sharing services / platforms, be sure to know how disputes, claims or controversies arising out of or relating to your Listing, including issues of interpretation, breach or termination are settled and the means by which such disputes are settled together with information on the jurisdictions in which such disputes are settled.

There are other issues that (potential) hosts should be area of, such as property management, health and safety i.e., risk mitigation and insurance. Other issues include data protection, privacy, tourism and hospitality regulations, zoning regulations and tax. Therefore, before you list a property as a Bed and Breakfast (B&B) establishment it is advisable to obtain legal advice from a duly registered legal practitioner and / or reputable law firm.

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