Rental Terms and Conditions
Please read these rental agreement terms and conditions carefully. When you accept a booking with us you are agreeing to these terms and conditions which constitutes a legally binding contract between us and you.
1.1. These Terms and Conditions (the “Terms”) and the attached Schedule (together, the “Contract”) set out the terms that apply to our appointment as your agent and the services we provide to you in relation to the Property or Properties described in the Schedule. If you appoint us as your agent for more than one of your properties, each Schedule together with these Terms will be a separate Contract between us for each applicable property.
1.2. If any Special Conditions are specified in the Schedule, they will form part of the Contract between us and will override any of these Terms to the extent that the Special Conditions conflict with them.
1.3. Please read these Terms carefully as they allow us to enter into legally binding agreements with customers on your behalf. If you agree to appoint Luxury Cottages as your agent for your Property and accept the terms and conditions set out in these Terms, please accept them by signing where indicated. If you do not return a signed copy of these Terms, but accept our appointment as your agent by accepting a Booking, you will be deemed to have accepted the terms and conditions in these Terms. We recommend that you retain a copy of these Terms for future reference.
1.4. To make these Terms easier to read, we use a few definitions: we refer to your property and any related facilities and services you provide (as described in the Schedule) as “the Property”, the use of the vacant property as “Accommodation”, a reservation for the Accommodation as a “Booking”; a customer that has made a Booking as a “Guest”; the terms and conditions located at https://luxurycottages.com/booking-agreement/ which are incorporated into the agreement between you and the Guest for the provision of the Accommodation as the “Booking Conditions”; the price, inclusive of VAT, at which a Guest makes a Booking for the Accommodation (including any booking deposit and any booking fees, card or other payment surcharges or other additional fees we charge to the Guest, for example, in relation to insurance services) as the “Rental Price”.
1.5. If more than one person owns the Property, the person signing or accepting the Contract online must be authorised by all those owners to enter into and legally bind them under the Contract and to receive and make payments and communications on their behalf. You and all the other owners of the Property will be jointly and severally liable under the Contract (which means each of you will be responsible for all the obligations and liabilities under the Contract, including those relating to the other owners). Consequently, please make sure you confirm with all the owners of the Property that you have the necessary permission and that they understand their obligations under the Contract.
1.6. For the purposes of these Terms, you are a Consumer if renting your property as Accommodation is wholly or mainly outside of your usual trade, business, craft or profession. Certain paragraphs in these Terms will only apply to you if you are a Consumer whilst others will only apply to you if you are not a Consumer. We have included appropriate headings in these Terms to identify the relevant paragraphs.
- Our appointment as your agent
2.1. You agree to appoint Luxury Cottages as agent to promote, arrange and accept Bookings for the Accommodation to Guests worldwide and we accept the appointment on these Terms.
2.2. For the duration of the Contract, you will not take Bookings directly from Guests that have previously booked the Accommodation with us or that have contacted you directly after having made an enquiry with us about making a Booking.
2.3. As your agent, when we accept a Booking for the Property on your behalf, a legally binding contract incorporating the Booking Conditions is formed between you and the Guest that made the booking (“Guest Contract”).
- Duration of the Contract
3.1. Each Contract between us begins on the Contract Start Date set out in the relevant Schedule and will remain in force until you or we end it in accordance with the terms set out in paragraph 17 or paragraph 18.
3.2. If you have not signed the Contract but accept the Terms by accepting a Booking with us then the contract will be deemed to have started at that date.
3.3. You will make the Property available to us for at least the Forward Availability and will only make use of the Property outside that period in accordance with paragraph 9.7, unless we have agreed with you otherwise in writing.
3.4. You will pay to us the fees, charges and other amounts set out in the Schedule and in paragraph 5 (collectively, the “Charges”) together with any other fees, charges or deductions agreed between us.
3.5. We will pay you the amounts we receive from Guests for Bookings after deducting the applicable Charges in accordance with paragraph 7.
- Our Services
4.1. We will use our reasonable endeavours to provide the following services to you (collectively, the
4.1.1. Listing your Property. We will include the name and description of the Property and details of its availability and specification within our booking system, our applicable website and where appropriate, any printed marketing materials we distribute. We may wish to rename your property and retain the right to do so for marketing purposes.
4.1.2. Photography. We may at our discretion arrange for a professional photographer to visit the Property to take images and video of the Property for marketing purposes. Please see paragraph 13 further information about Intellectual Property and Permissible Uses of our content.
4.1.3. Designing marketing materials. We will produce any art and design work and copy writing that we include in our printed marketing material and online in our websites and social media pages. We may include photographs of the Property supplied by you in such materials provided that the photographs are suitable and of comparable quality to professional photographs.
4.1.4. Taking Bookings. We will accept Bookings for the Accommodation on your behalf as your booking agent online via our websites, by phone and in writing. Details of all upcoming Bookings will be made available to you via our web-based online portal (“Owner Portal”) or provided to you by email or SMS text message using the contact details you provide to us for this purpose.
4.1.5. Collecting payments from Guests. We will collect the Rental Price for Bookings from Guests and, after making any deductions in accordance with paragraph 7, pay the remaining balance to you. We will provide you with a weekly statement detailing any sum due to you after making such deductions. Please see paragraph 7 for details regarding the deductions we make from the payments we receive on your behalf.
4.1.6. Payments to you as agent. We will make payments to you for Bookings subject to receipt of funds from the Guest and or distribution channel (the “Channel”) after making deductions in accordance with paragraph 7 on the payment terms specified in the Schedule.
4.2. We may from time to time (but are not obliged to) directly, or via selected partners, affiliates or agents, advertise the Property in print media, online (including social media) and via any other appropriate media (“Advertising Services”).
5.1. You shall pay the following charges, fees, commissions and other amounts (collectively, the
“Charges”) in connection with our Services and the Contract:
5.1.1. the Commission set out in the Schedule. For the avoidance of doubt, no Commission is payable on any security deposit payments made by Guests nor on any of the Guest Fees;
5.1.2. the Cancellation Charge specified in the Schedule for each cancelled Booking to cover our administration costs for cancelling any Bookings as well as returning in full any amounts already paid to you for that Booking.
5.2. The Commission and any Cancellation Charges payable by you under these Terms exclude VAT.
5.3. You shall pay all taxes relating to the Charges in accordance with paragraph 16 including, if applicable, VAT at the rate in force on the date we issue an invoice or deduct them from the Rental Price in accordance with paragraph 7.1 (as applicable). If we issue an invoice to you, the Charges will be due and payable within 30 days’ of the date of your receipt of our invoice, otherwise they shall be due and payable on the date we deduct them in accordance with paragraph 7.1.
5.4. We will deduct the Charges from the amounts we owe you in accordance with paragraph 7. If you are registered for VAT, we will provide you with a VAT invoice on your written request.
5.5. Any dispute between us over any Charges will not prevent us from continuing to offer Bookings for the Accommodation to Guests.
5.6. All Guests should take out adequate insurance for their stay. Where Government travel guidelines prevent travel to the Property due to Covid-19 then we will work with the guest to ensure a transfer of the booking or a refund is made wherever possible. Under these circumstances no Cancellation Charge will be payable and all Commissions, Charges and Fees relating to the Booking will be refunded.
5.7. You agree to keep details contained in the Schedule, the Charges and these Terms confidential.
- Bookings, Booking Conditions and Rental Prices
6.1. The Guest Contract between you and the Guest is formed at the point we accept the Booking made by that Guest on your behalf.
6.2. The terms of the Guest Contract will be as set out in the Booking Conditions and any additional or amended terms agreed between us in writing (by way of example only, in respect of check-in or check-out times).
6.3. We may make changes to the Booking Conditions from time to time by notifying you, by post or by email, of the modified Booking Conditions. If the changes are not material and do not adversely affect your rights or obligations under your Guest Contracts, we may notify you by posting the amended Booking Conditions to our relevant website. Any changes will take effect on the date on which we post the modified terms on our website. However, if the changes we make are to reflect changes in relevant laws and regulatory requirements, these may take effect sooner provided we notify you of the relevant date. For the avoidance of doubt, the changes will not apply to any Bookings accepted by us prior to the date on which the changes take effect.
6.4. If you are a consumer and do not agree to our changes to the Booking Conditions you may end any Contracts to which the changes apply in accordance with paragraph 17.2.
6.5. We will accept Bookings for up to the Maximum Occupancy of up to 31 consecutive nights’ Accommodation at the Property and may accept Bookings up to and including the day of arrival.
6.6. The Rental Price will be calculated in accordance with the pricing that has previously been supplied and agreed prior to the time of the Booking. If you have modified your pricing on your website or on other websites in the public domain we may calculate a Rental Price based that price to match it (“Price Matching”).
6.7. We reserve the right to charge and collect from all Guests fees for making Bookings (“Booking Fees”), card or payment surcharges (“Card Fees”) and fees for additional services we offer from time to time in addition to the Rental Price (“Service Fees”) (collectively the “Guest Fees”).
6.8. If there is any conflict or inconsistency between your obligations under the terms of the Contract and those set out in the Booking Conditions, the terms of the Booking Conditions will override those of the Contract.
- Payments we make to you
7.1. We will transfer to you the Rental Price we receive from Guests for Bookings of your Property (after deducting any applicable Charges and Guest Fees) (the “Distributed Amounts”) in accordance with the Payment Terms set out in the Schedule.
7.2. We will be entitled to deduct the Charges and any other amounts from the Rental Price we receive for a Booking as soon as we have received any part of that price (including any booking deposit) from the Guest. If, by the date payment is due from you in respect of any Charges, the amounts we hold are less than the Charges payable, we will either issue an invoice to you for the unpaid Charges or deduct them from any Rental Price we later receive in relation to the same or any future Booking.
7.3. Where possible, we will deduct the Commission for the entire Rental Price (and, in respect of the first Booking under each Contract) from the Booking deposit we receive from the Guest.
7.4. Each month on or around the last day of the month we will transfer to you the Distributed Amounts by BACS transfer (or such other automated transfer system as we may choose from time to time) using the account details you have provided to us for this purpose. If the Distributed Amounts for a particular month do not exceed £100, we may carry this amount forward for payment in the next month.
7.5. Each week, we will make available via the Owner Portal or by post or email to the address provided by you a written monthly statement setting out details of:
7.5.1. any part of the Rental Price that we have received for Bookings for your Property
7.5.2. the Charges and other amounts we have deducted from you in accordance with these Terms; and
7.5.3. the total Distributed Amounts for the applicable month that we will transfer to you.
7.6. If you think any statement is incorrect, please contact us promptly using our contact details in the Schedule to let us know.
7.7. We may deduct any amount owed to us by you from any amount which we owe to you and which arises under any Contract between us. For example, we may deduct cancellation charges that are payable by you under a Contract in relation to a particular property from the Rental Price we receive relating to a different property under another Contract with you.
- Representations about the Property
8.1. You promise to us that at the Contract Start Date and throughout the duration of these Terms:
8.1.1. you are the sole owner of the Property or, if there is more than one owner of the Property, that you can legally bind all the owners to the terms of the Contract;
8.1.2. that you are aged 18 or over and have the power and authority to enter into the Contract and all Guest Contracts and perform all your obligations and grant the rights under them;
8.1.3. there are no restrictions on you offering and/or providing the Accommodation to Guests in accordance with these Terms and/or the Booking Conditions and that the Property will be vacant when the Accommodation is provided to Guests. Please ensure that you have checked that nothing in the title deeds to the Property, any restrictions stipulated by applicable law or the relevant planning authority or mortgagee or any other party having an interest in the Property prevents you from offering or providing the Accommodation to Guests. If you are in doubt, please seek independent professional legal advice;
8.1.4. you will maintain, at your expense and with a reputable insurance company, policies to meet your liabilities under all Contracts, including the Minimum Public Liability Insurance Policy Cover set out in the Schedule for public liability insurance for each Property. You undertake to maintain such insurance cover for the duration of each Contract. At our written request, you will provide copies of certificates of insurance, policy terms and schedules and the receipt of the last premium paid or other appropriate documentation evidencing the required coverage. The terms of any insurance or the amount of cover will not relieve you of any of your liabilities under your Contracts with us.
8.1.5. the Property and you will comply with all applicable laws and regulations, in particular, relating to fire, health, safety and planning and data protection; and
8.1.6. the Property is properly maintained, tidy and in good repair so as to comply with the terms of the Contract, the Booking Conditions and all applicable laws and regulations.
- Your responsibilities
9.1. You will make the Property available for rental by Guests for a minimum forward booking period as provided in the Schedule (the “Forward Availability”).
9.2. You must notify us in writing if the Property is unavailable for rental at any time during the Contract together with the reasons for the unavailability (for example due to emergency repair work being carried out).
9.3. You will promptly provide written updates or changes to the information you provide to us about you or the Property, including any of Your Material (as defined in paragraph 13.1).
9.4. You will ensure that you and the Property comply with all our Policies for the duration of the Contract.
9.5. You will comply with all your obligations under the Booking Conditions and notify us as soon as you are aware of any breach by you or by a Guest of those conditions.
9.6. You will only seek to enforce the terms of the Guest Contract or pursue any debt owed to you by Guests in good faith and only after you have notified us in writing that you will do so.
9.7. You will check property availability with us before any use you wish to make of a Property that will result in it being unavailable for rental. Any Bookings that we have taken for the Property will be prioritised over your or any other person’s use of the Property and you may not use the Property for any period for which we have already taken a Booking.
9.8. You will notify us if you intend to sell the Property and will work with us to ensure that all Bookings prior to the date of sale are fulfilled.
9.9. You must respond to queries, complaints and problems which arise during or after a Guest’s stay and use your best efforts to resolve them.
9.10. You must notify us in a timely manner of alterations or other changes to the Property or Accommodation offered to Guests (however minor) which would make our descriptions of the Property inaccurate, incomplete or misleading or that would result in your failure to fulfil your obligations under the Booking Conditions or a Guest Contract. If a Guest cancels their booking in accordance with the Booking Conditions as a result of such changes, you will be liable to pay the Cancellation Charge and other cancellation charges set out in paragraph 5.1.2.
9.11. You will notify us in writing of any specific terms that we will need to include in the Booking Conditions that apply to the Property, for example, any restrictions or terms relating to pets, children, listed properties or valuable objects in the Property.
9.12. You will ensure that Guests have access to the Property for the full period of their Bookings in accordance with the Booking Conditions and will ensure that a representative (“Property Contact”) is available to attend the Property at short notice at all reasonable hours to resolve queries, complaints and problems. You will immediately notify us of any changes to the details specified for the Property Contact in the Schedule.
9.13. Where we notify you that the quality or specification of the Property does not comply with the requirements set out in these Terms, our Policies or the terms of the Guest Contract, you must use all reasonable efforts to address the issues we raise in our notice and carry out the remedial actions necessary so that the Property complies with those requirements.
9.14. To help us maintain the security of the Owner Portal, you must keep your login details confidential. If you become aware of any misuse or unauthorised use of those details, then you must inform us immediately by contacting us using the details set out in the Schedule.
9.15. If VAT forms part of the Rental Price, you shall provide VAT invoices to Guests on their request.
- Our rights
10.1. You agree to grant us, our agents and/or representatives’ access to the Property at reasonable times and subject to reasonable notice.
10.2. We may stop accepting Bookings for the Property or cancel one or more Bookings if:
10.2.1. we become aware of any health and safety or quality-related issue with the Property or its immediate surroundings (for example ongoing neighbouring building work);
10.2.2. we have issued you with a notice to terminate the Contract in accordance with paragraph 18.1; or
10.2.3. if you break the terms of the Contract or the relevant Guest Contract. If we choose to stop accepting Bookings or cancel Bookings under this paragraph, this will not affect any other of our rights under this Contract, including our right to end the Contract under paragraph 18.
10.3. We may help recover any sums owed to you by a Guest under a Guest Contract.
10.4. We may provide you with access to the Owner Portal. This is provided to you ‘as is’ and on an ‘as available’ basis. By using the portal, you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the portal. We do not make any promises about the availability or accessibility of the portal or promise that your access to it, its content or the services we provide through it will be delivered uninterrupted, timely or error or virus-free.
- Complaints and queries
11.1. We will endeavour to notify you of any complaints or queries made about you, the Property Contact or the Property, whether by Guests or otherwise.
11.2. In relation to any complaint made directly to us, we may (but are not obliged to) try to resolve the complaint and you will provide reasonable cooperation and assistance to us to resolve the complaint. If we do so, we reserve the right to offer Guests compensation (in full and final settlement of any claims against you and us) of up to 20% of the Rental Price.
11.3. If a Guest accepts any offer of compensation, we make in accordance with paragraph 11.2, you will authorise us to settle such complaints on your behalf and you will be liable to us for the amounts we pay to the Guest to settle the complaint.
11.4. Where we do not agree with the Guest to settle the complaint, we will be entitled to provide them with your contact details to allow them to recover compensation from you directly.
- Cancellation of Bookings
12.1. Bookings that are cancelled by a Guest
12.1.1. If a Guest cancels a Booking, you will be entitled to receive (or, if applicable, retain) any part of the Rental Price we have received from that Guest for that Booking (less any deductions we make in accordance with paragraph 7) unless:
12.1.2. the Guest is entitled under the Booking Conditions to cancel a Booking and to receive a full or partial refund of the Rental Price (e.g. due to circumstances or events outside of the Guest’s reasonable control); or
12.1.3. the Property becomes unavailable for re-booking (for any reason) for the cancelled dates (e.g. due to circumstances or events outside of your reasonable control.
12.1.4. We may re-offer the dates vacated as a result of the cancellation of a Booking by a Guest. If we do so, we reserve the right to offer those dates at a Rental Price that we (acting reasonably) decide is appropriate for obtaining another Booking for the vacated dates. If the dates are re-booked, we will pay you the amount you would have received had the original Booking for those dates not been cancelled (“Original Amount”), less any amounts you retained from the cancelled Booking. You agree that we will be entitled to retain any part of the Rental Price for those re-booked dates that exceeds the Original Amount.
12.2. Bookings that are cancelled by you
12.2.1. You may only cancel a Booking provided you do so by giving reasonable written notice to us and pay to us the applicable cancellation charges set out under 5.1.2. If you do cancel a Booking (for any reason including due to circumstances or events outside your reasonable control) you will still be liable to pay to us the Commission we would have received had the Booking not been cancelled. We are entitled to that commission as it is our fee for the Services we provide relating to that Booking which we will have completed before you cancel the Booking.
12.2.2. Please note that you may be liable to a Guest for breaching the terms of your Guest Contract with them if you cancel a Booking in accordance with paragraph 12.2.1. Any payments that you make under this paragraph 12.2 to us will be in addition to any compensation or other amounts that may be payable by you under the applicable Guest Contract that you break by cancelling the Booking.
12.3. Bookings that are cancelled by us
12.3.1. We may cancel a Booking for health and safety or quality reasons or due to something you have done wrong, in each case in accordance with paragraph 10.2. If you do cancel a Booking (for any reason including due to circumstances or events outside your reasonable control) you will still be liable to pay to us the Commission we would have received had the Booking not been cancelled. We are entitled to that commission as it is our fee for the Services we provide relating to that Booking which we will have completed before you cancel the Booking.
12.3.2. If we cancel a Booking for any of the reasons under paragraph 10.2, you will pay to us the applicable cancellation charges set out under 5.1.2.
- Intellectual property rights
13.1. All of the content in our websites, social media pages and other marketing material, including text, images, brand names and logos is owned by us or our licensors and is protected by UK and international copyright and other intellectual property laws (and collectively referred to as our “Intellectual Property”).
13.2. When you provide any photographs, details, descriptions, specifications, videos or other material to us (“Your Material”), you are granting to us and any third parties we authorise unlimited, non-terminable and free permission to modify and use Your Material in any form or format and by any media (now or devised in the future) anywhere in the world. By way of example only, this will include permission to:
13.2.1. provide the Services and Advertising Services to you and to fulfil our obligations under our Contract with you and under our agreement with Guests in relation to the online and offline booking services we provide to them;
13.2.2. make Your Material available in any marketing material including our websites, social media pages and advertisements;
13.2.3. allow any third parties authorised by us to reproduce, display, publish, communicate, perform and/or embed Your Material on their platforms, including their websites and applications;
13.2.4. use the name of your Property (including any registered or unregistered trademarks relating to them) in connection with the activities mentioned above in this paragraph 13 (including in relation to search engine marketing); and
13.2.5. at any time and for any period after the Contract ends, to list your Property on, and include Your Material within, our websites and marketing materials provided we indicate that we do not take Bookings for your Property.
13.3. You waive your right to be acknowledged as the author of Your Material, to object to any modifications to it and any other moral rights in Your Material (and if applicable will obtain a waiver from any third party with those rights).
13.4. You promise to us that:
13.4.1. you have the right to permit the uses of Your Material described in this paragraph 13 and that our or any third-party use of Your Material in the ways permitted in this paragraph will not infringe any existing copyright, trademark, database or any other intellectual property right of any third party;
13.4.2. Your Material does not breach any applicable laws and does not contain or carry any viruses, malware or other harmful programming routines; and
13.4.3. in respect of any information contained in Your Material, it is true, accurate, up-to-date and complete.
13.5. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use our website and the digital content during the period of your Luxury Cottages membership for the purposes of managing your Property. Anything outside these uses is prohibited including use of our photographs or video on your own website or social media platforms without prior approval.
13.6. We may grant the right to use photographs and video during the term of this contract subject to certain terms and conditions. We reserve all other rights.
13.7. You agree not to copy any element of our website or infringe our intellectual property rights or those of any third party in relation to your use of our website.
- Data protection obligations
14.1. You will at all times comply with your obligations under applicable data protection and privacy laws including the Data Protection Act 1998 and The Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended).
14.2. We will share with you personal information about the Guest that has made the Booking for the Property and, where provided, any guests that will use the Accommodation. You must only use the personal information we provide to you for the purposes of fulfilling your obligations under the Booking Conditions, the terms of the Contract and applicable law. For the avoidance of doubt, you must not send (or instigate the sending of) any marketing communications to Guests, whether by email, telephone, SMS text message, post or other medium and you may not otherwise sell, rent, transfer or share that personal information with anyone else.
14.4. We will use your personal information to provide the Services, process any Charges and inform you about similar services to the Services that we provide (but you may ask us not to do so by contacting us).
- Circumstances where we may be compensated for loss
15.1. You agree that you will compensate and reimburse us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of:
15.1.1. any fraudulent or negligent misrepresentation regarding the Accommodation whether verbal or in writing which leads to a loss of income or reputation;
15.1.2. any breach of these Terms or the Booking Conditions by you or any authorised agents or managers;
15.1.3. the use of the Owner Portal by you or any other person that uses your login credentials with your permission or as a result of your negligence (e.g. if you leave your device unattended and logged-in to the portal);
15.1.4. any act or omission (negligent or otherwise) by you relating to the Property or Accommodation; and/or
15.1.5. any request or demand by HM Revenue and Customs (or equivalent or similar tax authority overseas) that we pay tax on amounts we receive in connection with you, the Accommodation or the Property.
- Your liability to pay applicable taxes
16.1. You will solely be liable for all applicable taxes (whether local or national) relating to the Property and/or any amounts you receive from us.
16.2. If any deductions (including VAT or similar sales tax, withholding taxes customs duties, levies and/or any other charges) from the amounts due to us are required by law or regulation, the Distributed Amounts will be decreased so that we retain (without any liability for making the deduction or withholding) the amounts that are equal to the sum we would have received had no such deduction been made or required to be made.
16.3. The Rental Prices are inclusive of VAT or similar sales tax (if applicable). If VAT forms part of the Rental Price paid by Guests, you shall provide them with a VAT receipt on request.
- Your rights to terminate
17.1. We will agree with you by specifying in the Schedule the Notice Period which applies to your right to end the Contract under paragraph 17. We may also agree with you an Initial Term and specify this in the Schedule.
17.2. If an Initial Term is specified in the Schedule, you may not end the Contract during that Initial Term, except, if applicable, in accordance with paragraph 17.3, 17.4 or 17.5.
17.3. If you are a consumer, you may end the Contract by giving us written notice if you do not agree to the changes we make to the Booking Conditions. Please see further paragraph 6.3.
17.4. If you are a consumer, you may end the Contract if you have a legal right to do so because of something we do that contravenes your consumer rights.
17.5. At any time before the listing for the Property is published on our website, you may end the Contract immediately on giving us written notice.
17.6. If an Initial Term is specified in the Schedule, you may end the Contract by giving a minimum of no less than 6 months’ written notice unless otherwise agreed in the Schedule and this notice must expire after or at the end of that Initial Term.
17.7. Once you have notified us that you wish to end the Contract in accordance with this paragraph 17, we will not take any Bookings for any dates after the date the Contract is due to end.
17.8. If you give notice in accordance with this paragraph 17, you may cancel any Bookings for dates after the Contract is due to end but which were made before that end date. If you do so, you must pay the cancellation charges set out in paragraph 5.1.2 for each booking you cancel.
- Our rights to terminate
18.1. We may end any Contract made under these Terms (including during any Initial Term specified in the Schedule) by giving you no less than three months’ written notice.
18.2. We may also immediately end any Contract made under these Terms (including during any Initial Term specified in the Schedule) by giving written notice to you if any of the following events occur:
18.2.1. you cancel more than one Booking in a twelve-month period for a reason that is not permitted under the Booking Conditions;
18.2.2. you commit any material breach of the terms of any Contract or the Booking Conditions and either:
184.108.40.206. that breach is not capable of remedy; or
220.127.116.11. if the breach is capable of remedy, you fail to remedy it within 30 days after receiving a written notice from us describing the material breach in detail and requiring it to be remedied;
18.2.3. you sell, demolish or otherwise dispose of the Property without notifying us in writing;
18.2.4. you commit a breach of your obligations under paragraph 14 (Data Protection) or health, safety or planning requirements under applicable law or our Policies;
18.2.5. we receive more serious complaints about you or your Property that might cause damage to the reputation of our business;
18.2.6. a third party commences or threatens to commence legal proceedings against us in connection with a Property;
18.2.7. your act or failure to act damages (or is likely to damage) our reputation or brings our name or business into disrepute; or
18.2.8. you become bankrupt or go into liquidation (whether voluntary or compulsory), are dissolved, compound with your creditors or have a receiver, administrative receiver or administrator appointed over the whole or any part of the Property or your other assets or a petition is presented, or a meeting is convened for the purpose of considering a resolution, for the making of an administrative order or your winding-up, bankruptcy or dissolution or you suffer any similar process under foreign law.
18.3. If we are entitled to end a Contract for any reason mentioned above in paragraph 18.1 or 18.2 then:
18.3.1. we may also end any or all other Contracts with you, even if you have not breached the terms of those other Contracts;
18.3.2. we will have the right to treat an event that allows us to end more than one Contract with you as having occurred separately in respect of each Contract; and
18.3.3. we may cancel any Bookings for dates after the Contract ends. If we do so, you will be liable to pay the cancellation charges set out in paragraph 5.1.2 in the same way that you would if you had cancelled the Bookings.
- Upon termination
19.1. On the date the Contract ends for any reason:
19.1.1. the terms of the Contract will remain in force in respect of all unfulfilled Bookings made before the date the Contract ends and which have not been cancelled in accordance with these Terms; and
19.1.2. we shall be entitled to refund all amounts held by us to Guests who have an unfulfilled Booking that we cancel in accordance with paragraph 18.3.3 where you are at fault.
19.2. The following paragraphs will survive after the Contract ends: paragraph 8.1.3 (insurance), 13 (intellectual property), 14 (data protection), 15 (compensation/reimbursement), 16 (tax), 20 (liability), 21 (reliance), 22 (notices), 23 (other important terms) and 24 (governing law and disputes).
- Upon losses or damage suffered by you
20.1. If you are a consumer:
20.1.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the terms of a Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking those terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the Contract Start Date, both we and you knew it might happen, for example, if you discussed it with us in the period leading up to or during the pre-contract process.
20.1.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are as described and supplied with reasonable skill and care.
20.1.3. We will not be liable for any losses suffered by your business. If you use the services for any commercial or business purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.2. If you are not a consumer:
20.2.1. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited under applicable law.
20.2.2. Subject to paragraph 20.2.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms or any Guest Contracts for:
18.104.22.168. any loss, damage or injury to the Property or any Guest or other person occupying the property unless such loss, damage or injury arises as a result of our negligence, that of our employees or anyone else authorised by us to act on our behalf;
22.214.171.124. any loss of profits, sales, business or revenue, whether direct or indirect; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; death or personal injury caused other than by our negligence; or any indirect, consequential loss, special or exemplary damages.
20.2.3. Subject to paragraphs 20.2.1 and 20.2.2, our total aggregate liability to you in respect of all losses, claims, damages, liabilities, fines, interest, penalties, costs, charges, expenses and demands arising under or in connection with all Contracts and Guest Contracts in a calendar year (whether in contract, tort (including negligence), breach of statutory duty, or otherwise and whether in respect of a single claim or series of connected or unconnected claims), shall in no circumstances exceed the total Commission paid by you in the calendar year in which you make the claim.
20.2.4. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
- Reliance on these Terms
21.1. If you are a consumer: we intend to rely on the written terms of the Contract and any document expressly referred to in them in relation to the subject matter of the Contract between us. We and you will be legally bound by the terms of the Contract.
21.2. If you are not a consumer: the terms of the Contract constitute the entire agreement and understanding of the parties and supersede and extinguish all previous drafts, agreements and understandings between them, whether oral or in writing, relating to its subject matter. Each party acknowledges and agrees that in entering into the Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance, warranty or understanding made by or on behalf of a party (whether made innocently or negligently) which is not expressly set out in the Contract.
22.1. All notices, requests consents and other communications which are required or permitted under these Terms must be made in writing (including email) and will be deemed to be given (i) when delivered in person to the recipient’s address specified in the Schedule, at the time of such delivery; or (ii) when sent by first class post, seven days after it was posted. However, any notices declaring a breach of or terminating any Contract will be given only in person or by recorded delivery post or by courier delivery to the address specified in the Schedule. Notice of change of address will be given in the same manner as other communications.
- Other important terms
23.1. You are not permitted to transfer your rights under the Contract to someone else. You may only transfer your rights or your obligations under the Contract to another person with our written consent. We will not unreasonably withhold or delay our consent.
23.2. Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
23.3. We may transfer the Contract to someone else. We may transfer our rights and obligations under the terms of the Contract to another organisation. If you are a consumer, we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
23.4. We may from time to time require you to provide us with information or access to the Property for us to check that you have complied with these Terms. You will provide to us, within a reasonable time of our written request, any documents, data or information and/or access to the Property as we may reasonably require to verify that you have complied with your obligations under the Contract.
23.5. Events or circumstances beyond our or your reasonable control that affect your or our ability to fulfil our obligations will not be treated as a breach of contract. If we or you are prevented or delayed from complying with our respective obligations under the Contract (the “Affected Party”) due to events or circumstances beyond the Affected Party’s reasonable control (or as a result of anything the other party (or anyone acting on its behalf) does or fails to do), that inability or delay by the Affected Party will not be deemed a breach of the Contract. Examples of such events or circumstances include fire, flood and other acts of God, strikes, disruption to energy supplies, civil commotion or acts of terrorism or war. The Affected Party will use good faith efforts to comply as closely as possible with the terms of the Contract and will, to the extent possible, avoid or mitigate the effects of the occurrence of such event or circumstances. Please note this paragraph does not affect your liability to pay to us any applicable cancellation charges or our Commission on any Bookings that are cancelled due to circumstances or events outside your reasonable control. Please see further paragraph 12.2.
23.6. References to ‘including’ and other similar expressions are not exhaustive. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression.
23.7. If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23.8. Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the terms of the Contract, or if we delay in taking steps against you in respect of your breaking the terms of the Contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
- Governing law and jurisdiction
24.1. If you are a consumer:
24.1.1. The laws that apply to the Contract and the places you may bring legal proceedings. The Contract is governed by English law and you can bring legal proceedings in respect of the Contract and the Services in the courts of England and Wales.
24.2. If you are not a consumer:
24.2.1. The Contract and any dispute, disagreement or claim arising out of or in connection with its terms, its subject matter or formation (including non-contractual disputes and claims) (“Dispute”) shall be governed by and construed in accordance with the laws of England and Wales.
24.2.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any Dispute.
These standard T&Cs are dated 15 December 2021.