TERMS & CONDITIONS (GENERAL TERMS & CONDITIONS)
HOHOCO HOSPITALITY CONSULT. LTD.
Effective Date / Stand: 25 February 2026
Provider / Anbieter: HOHOCO HOSPITALITY CONSULT. LTD.
Registered Office: 16 Apostolou Pavlou, 8046 Paphos, Cyprus
Reg. No.: HE 475913
(collectively „HOHOCO“, „Consultant“)
Customer / Kunde: contracting party („Client“)
1.1 These Terms & Conditions apply to all offers, services and deliveries of HOHOCO, including consulting, analysis, strategy, project management, interim management, workshops and related professional services (the “Services”).
1.2 Client’s terms shall not apply unless expressly accepted in writing by HOHOCO.
1.3 In case of conflict, the following order of precedence applies: (i) Statement of Work / offer / proposal (“SOW”), (ii) any master agreement, (iii) these Terms & Conditions.
2.1 Offers are non-binding unless explicitly marked as binding.
2.2 A contract is concluded by (i) written acceptance, (ii) signature of an SOW, or (iii) commencement of Services upon Client’s instruction.
3.1 Scope is exclusively defined in the SOW. Marketing statements are non-binding unless expressly incorporated.
3.2 Change Requests: Any change/extension requires written form (email sufficient) and will be priced by effort or re-agreed commercial terms.
3.3 Cooperation Duties: Client must provide timely access, data, stakeholders, decisions and approvals. Delays/costs caused by missing cooperation are borne by Client.
3.4 HOHOCO may rely on Client-provided information; no duty to verify completeness/accuracy unless expressly agreed.
4.1 Unless expressly agreed as a “work”/deliverable acceptance model, Services are provided as professional services (“best efforts”) and not as a guarantee of outcome.
4.2 HOHOCO does not guarantee specific commercial, legal, tax, operational or financial results.
5.1 HOHOCO may engage qualified employees/subcontractors.
5.2 No entitlement to specific individuals unless explicitly agreed in writing.
5.3 HOHOCO remains sole contractual counterparty; subcontractors act as auxiliaries.
6.1 Deadlines are binding only if expressly confirmed as binding in writing.
6.2 Force majeure events (incl. governmental measures, strikes, network/cloud outages, war, pandemics, supply chain disruptions) suspend obligations for the duration and to the extent affected; deadlines extend reasonably.
6.3 Additional costs due to Client-caused delays are chargeable on a time & materials basis.
7.1 Fees as per SOW: fixed fee, retainer, time & materials, and/or success-based components if expressly agreed.
7.2 Time & Materials: Billing in 15-minute increments unless agreed otherwise.
7.3 Expenses: Travel time/costs, accommodation, meals and necessary out-of-pocket expenses are chargeable as per SOW or at actual cost.
7.4 Due Date / Prepayment (Payment Before Start):
Invoices are due immediately without deduction and must be paid in full prior to commencement of any Services. HOHOCO is entitled to start delivering Services only after full receipt of payment. If payment is not received by the scheduled start date, Client is in default without further notice and HOHOCO may (i) reschedule, (ii) suspend performance, and/or (iii) terminate for cause. Any additional costs resulting from rescheduling/suspension, including non-cancellable third-party costs, shall be borne by Client.
7.5 In case of late payment, HOHOCO may claim statutory default interest and recovery costs and suspend Services until full payment.
7.6 HOHOCO may request reasonable advances and/or milestone payments.
7.7 Set-off/retention rights of Client are excluded except for undisputed or finally adjudicated claims.
7.8 Taxes / VAT
All fees are stated exclusive of VAT unless explicitly stated otherwise in the checkout or SOW.
(a) B2C Cyprus: VAT is charged at the applicable Cyprus rate and shown at checkout.
(b) B2B Cross-Border (non-Cyprus): Where applicable and subject to valid VAT identification and place-of-supply rules, the supply may be treated as reverse charge and VAT will not be charged by HOHOCO; Client remains responsible for accounting for VAT and any local taxes.
(c) Client shall provide accurate billing details and (where relevant) a valid VAT number. If information is incorrect or incomplete, HOHOCO may invoice VAT and/or re-invoice accordingly.
8.1 Where an acceptance process is agreed, acceptance occurs upon (i) written acceptance, or (ii) productive use, or (iii) no material defect notice within 10 business days from delivery.
8.2 Minor defects do not entitle Client to refuse acceptance.
9.1 For Services (non-work model), no warranty rights apply; liability clauses govern exclusively.
9.2 For work/acceptance deliverables, HOHOCO is entitled to cure first; further remedies only upon failed cure.
9.3 Service levels/guarantees apply only if expressly agreed.
10.1 HOHOCO is liable without limitation only for (i) intent, (ii) gross negligence, (iii) death/personal injury, and (iv) mandatory liability under applicable law.
10.2 For ordinary negligence, HOHOCO is liable only for breach of essential contractual obligations and limited to foreseeable typical damages.
10.3 Liability Cap: To the maximum extent permitted by applicable law, HOHOCO’s total aggregate liability per claim and in total is capped at the fees paid in the 3 months preceding the event giving rise to liability, subject to a minimum of EUR 5,000 and a maximum of EUR 50,000 (whichever is lower).
10.4 Exclusion of Indirect Loss: Loss of profit, loss of revenue, business interruption, loss of data, reputational damages, consequential/indirect damages are excluded to the extent permitted by law.
10.5 Client remains responsible for backups, IT security, access controls and operating environment.
10.6 Client retains full responsibility for management decisions and implementation; HOHOCO is not liable for Client’s decisions taken based on recommendations.
10.7 These limitations apply also to HOHOCO’s directors, officers, employees and auxiliaries.
10.8 Consumer carve-out: Nothing in this clause limits mandatory consumer rights or non-excludable liability under applicable consumer protection law.
11.1 Both parties shall keep confidential all non-public information (“Confidential Information”).
11.2 Exceptions: information that is public without breach, lawfully obtained from a third party, independently developed, or required to be disclosed by law/court order (where legally permitted with advance notice).
11.3 Term: 5 years post termination; trade secrets indefinitely to the extent legally permissible.
12.1 Pre-existing IP (“Background IP”) remains with the respective owner.
12.2 HOHOCO retains ownership in its methods, templates, tools, libraries, know-how and generic materials.
12.3 Upon full payment, Client receives a non-exclusive, non-transferable, non-sublicensable licence to the deliverables defined in the SOW for internal purposes only.
12.4 Any third-party distribution, publication, resale or productisation requires a separate written licence.
12.5 HOHOCO may reuse generic know-how gained during performance, without disclosing Confidential Information.
13.1 HOHOCO may list Client’s name/logo and a neutral project description as reference unless Client objects in writing.
13.2 Confidential details/metrics require explicit written approval.
14.1 Client warrants it has rights to share all data (incl. personal data) with HOHOCO.
14.2 Where required, the parties will enter into a data processing agreement (DPA).
14.3 HOHOCO may use customary professional tools (collaboration, cloud, analytics) for efficient delivery.
14.4 AI/automation tools: HOHOCO may use AI-enabled tools unless explicitly prohibited in the SOW; Client remains responsible for final review and approvals, especially for legal/financial decisions.
15.1 HOHOCO does not provide legal, tax or audit services unless expressly agreed and legally permitted.
15.2 Client is responsible for regulatory compliance within its domain.
16.1 Client shall not solicit or hire HOHOCO’s employees/subcontractors during the term and for 12 months thereafter.
16.2 Contractual penalty: EUR 25,000 per breach; further damages remain reserved.
17.1 Term as per SOW; otherwise indefinite.
17.2 Ordinary termination: with 60 days’ notice to the end of a calendar month, unless agreed otherwise.
17.3 Termination for cause: for material breach (incl. payment default).
17.4 Workshop/appointment cancellations by Client (unless otherwise agreed):
18.1 Deliverables and rights remain with HOHOCO until full payment; licences vest only after full payment.
18.2 HOHOCO may withhold deliverables until outstanding amounts are settled.
19.1 Client may not assign rights/obligations without HOHOCO’s prior written consent.
19.2 HOHOCO may assign receivables to third parties.
20.1 For material breaches of confidentiality or IP by Client, HOHOCO may claim a reasonable contractual penalty, subject to judicial review.
21.1 Amendments require written form; email suffices unless stricter form is mandatory.
21.2 If any provision is invalid, remaining provisions remain effective; invalid provision shall be replaced by a valid one closest to the commercial intent.
21.3 Governing law: Laws of the Republic of Cyprus.
21.4 Jurisdiction: To the extent legally permissible, the District Court of Paphos, Cyprus shall have exclusive jurisdiction. District Courts in Cyprus have territorial jurisdiction within their district.
21.5 Consumer carve-out: For consumers, mandatory consumer jurisdiction rules and non-waivable statutory rights remain unaffected
ANNEX A – CONSUMER TERMS (B2C)
Distance Selling, Digital Content, Digital Services & Subscriptions
HOHOCO HOSPITALITY CONSULT. LTD. – 16 Apostolou Pavlou, 8046 Paphos, Cyprus – Reg. No. HE 475913
Website: www.hohoconsultancy.com
Support: qm@hohoconsultancy.com
(„HOHOCO“, „we“, „us“)
Consumer / Verbraucher: any natural person acting for purposes outside trade/business/profession („Consumer“).
A1. Applicability & Priority
A1.1 This Annex applies only to Consumers (B2C) where the contract is concluded at a distance (including web checkout and email offer acceptance) and/or relates to digital content / digital services / subscriptions.
A1.2 In case of conflict between the main Terms & Conditions and this Annex, this Annex prevails for B2C to the extent required by mandatory consumer law.
A2. Pre-Contract Information (Information Duties)
A2.1 Before the Consumer is bound by an order, HOHOCO will provide the legally required information in a clear manner, including: identity and address, main characteristics, total price (incl. VAT where applicable), payment method, supply/performance, complaint handling, withdrawal right and conditions, and subscription duration/termination mechanics (where applicable).
A2.2 If mandatory information is not provided as required, statutory consequences apply.
A3. Right of Withdrawal (Cooling-Off Period)
A3.1 General rule: The Consumer may withdraw from a distance contract within 14 days without giving any reason.
A3.2 Start of the period:
A4. Digital Content / Digital Services – Express Consent & Loss of Withdrawal Right
A4.1 Where HOHOCO supplies digital content not on a tangible medium (e.g., downloads, templates, digital reports) and/or grants immediate access to digital services, the Consumer may lose the right of withdrawal if—and only if—allof the following apply:
(a) supply/performance begins during the withdrawal period;
(b) the Consumer gave prior express consent to begin during the withdrawal period; and
(c) the Consumer acknowledged that, by giving this consent, they lose the right of withdrawal.
A4.2 Operational requirement (checkout): For digital content and immediate-access digital services, HOHOCO will use a separate unticked checkbox (or equivalent explicit consent) and maintain a consent record in the order log.
A5. Services Started During Withdrawal Period (If Not Fully Waived)
A5.1 If the Consumer requests that HOHOCO begins providing a service during the withdrawal period and the Consumer later withdraws (and A4 does not fully remove the right), the Consumer may be required to pay a proportionate amountfor services actually provided up to withdrawal, where legally permissible and properly disclosed.
A5.2 If statutory conditions for charging are not met, HOHOCO will apply the statutory outcome.
A6. Refunds & Reversals
A6.1 If the Consumer withdraws validly, HOHOCO will reimburse payments received without undue delay and within the statutory timeline, using the same payment method unless agreed otherwise.
A6.2 For digital content/digital services where A4 applies (valid waiver + supply started), refunds are excluded to the extent legally permitted once performance has begun with proper express consent and acknowledgement.
A6.3 Chargebacks/Payment disputes: Consumers are encouraged to contact qm@hohoconsultancy.com first to enable fast-track resolution; statutory rights remain unaffected.
A7. Subscriptions (Recurring Billing) – Monthly Billing, 1-Year Minimum Term, No Free Trial
A7.1 Commercial setup: Subscriptions are billed monthly. The initial subscription commitment has a minimum term of 12 months (“Minimum Term”). No free trial applies.
A7.2 Start & access: Access is granted after successful payment and may include immediate delivery/supply of digital content and/or digital services (see A4 regarding withdrawal waiver).
A7.3 Renewal mechanics:
A7.4 Cancellation (B2C):
A7.5 Withdrawal right for subscription contract: Consumers have a 14-day withdrawal right for distance subscription contracts, subject to the digital content/service start rules in A4/A5 where applicable.
A8. Model Withdrawal Form (Template)
To: HOHOCO HOSPITALITY CONSULT. LTD., 16 Apostolou Pavlou, 8046 Paphos, Cyprus
Email: qm@hohoconsultancy.com
I/We hereby give notice that I/We withdraw from my/our contract for the supply of the following digital content/services/subscription:
A9. Digital Content Conformity & Remedies
A9.1 HOHOCO will supply digital content/digital services that conform to the contract as required by applicable mandatory consumer law.
A9.2 If there is a lack of conformity, statutory remedies apply as applicable (e.g., bringing into conformity, price reduction, termination), without limiting mandatory rights.
A10. VAT / Taxes (B2C vs Cross-Border)
A10.1 Cyprus Consumers: Prices shown at checkout are VAT-inclusive where required and VAT is itemised.
A10.2 If the Consumer is located outside Cyprus, tax handling will follow applicable place-of-supply rules; where VAT is due, it will be displayed at checkout.
A11. Mandatory Rights / Non-Waiver
A11.1 Nothing in these Terms limits or excludes mandatory Consumer rights or any non-excludable liability under applicable consumer law.
Checkout-Text (copy/paste-ready) für maximale Compliance + IP/Refund-Control
Damit A4 rechtssicher „greift“, empfehle ich im Checkout bei digitalen Produkten / sofortigem Zugriff exakt diese zwei Checkboxen (beide unticked):
Checkbox 1 (Start during withdrawal period):
“I expressly request immediate access/performance during the withdrawal period.”
Checkbox 2 (Acknowledgement of loss):
“I acknowledge that once performance has begun, I lose my right of withdrawal for digital content not supplied on a tangible medium.”
