Construct with the Sun and snow
Review of the Sun & Snow Agreement – Main Disadvantages for the Property Owner
After analyzing the contract, it is clear that although the share of 73% for the owner may look attractive at first glance, in reality the agreement is heavily in favor of Sun & Snow and contains several disadvantages for the property owner:
1. Financial aspects
• The 73% share is calculated only after deducting VAT (8%), not from the total amount paid by the guest.
• Before paying out the owner’s share, intermediary costs (CPS and others) are also deducted, with CPS being mandatory. This significantly reduces the owner’s actual net income – in practice the amount is closer to 60% of gross rent.
• Sun & Snow has the right to set prices and discounts freely, and the owner cannot claim compensation for lost profit if rates are too low.
2. Costs and obligations of the owner
• All repairs, maintenance, utilities, community charges, property management fees, and insurance remain the responsibility of the owner.
• The owner must also cover one-time costs for preparing the property and the regular replacement of bed linen and towels.
• Even photographs of the property must be paid for by the owner, even though Sun & Snow uses them.
3. Limited personal use of the property
• During high season (summer, Christmas, holidays) the owner may use the property for a maximum of 14 days per year.
• Even for their own stay, the owner must pay a flat-rate fee according to Sun & Snow’s price list.
4. Repairs and management
• Sun & Snow may order repairs up to 100 PLN without the owner’s consent, and all costs are charged to the owner.
• For higher amounts, consent is needed, but the owner still pays the invoice.
5. Marketing and rights of Sun & Snow
• Sun & Snow may use the property for marketing purposes up to 7 days a year for free.
• They may continue to use the owner’s photos even after the agreement ends, if those photos were previously included in promotional materials.
6. Duration and termination of the agreement
• The agreement is concluded for an indefinite period, with a three-month notice period effective only at the end of a calendar month.
• After termination, the owner must honor all reservations made before notice, even if they extend beyond the end of the agreement.
• If the owner refuses, a penalty of 5,000 PLN applies, plus the right for Sun & Snow to claim damages above that amount.
7. Jurisdiction and regulations
• All disputes must be settled by the court in Warsaw, which may be inconvenient for owners living elsewhere.
• The agreement explicitly incorporates General Terms and Conditions, which may contain further obligations and which the owner cannot negotiate individually.
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Conclusion
The Sun & Snow agreement is highly one-sided in favor of the company. The owner bears most of the costs, risks, and obligations, while Sun & Snow retains broad control (pricing, marketing, use of the property) and a guaranteed share of the income.
The seemingly attractive 73% share is misleading – after VAT, CPS, and additional deductions, the owner’s real net income is much lower. The agreement also severely limits personal use of the property, and termination is connected with strict conditions and penalties.
👉 For owners seeking a fair and balanced partnership, this agreement presents significant disadvantages and risks
7 september 2025
Review zonder uitnodiging