Owner’s Agreement

These Terms and Conditions apply when Private House Stays Limited (“Agent”) is appointed to manage bookings of holiday accommodation. The Terms and Conditions, together with any Privacy Notice or Data Sharing Agreement, form the basis of the Owner’s contract with the Agent so please read them carefully before signing the Appointment Form.

1.Definitions

1. Any reference in these Terms and Conditions must be in written format such as email, letter or similar means.
2. Any reference in these Terms and Conditions to any statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re­enacted or extended at the relevant time.
3. The headings in this document are for convenience only and shall not affect its interpretation.

2.Appointment of Agent

1. The Owner appoints the Agent to act as their agent in the promotion and marketing of the Property(s) and the taking of bookings for holiday lettings.
2. The Owner may choose to engage with other Agencies but should inform Private House Stays Limited.

3.The Agent’s Duties

1. The Agent shall use its best endeavours to promote and market the Property and to obtain bookings of the Property(s) for holiday lettings.
2. Without prejudice to the generality of clause 3.1, the Agent shall assist the owner in preparing particulars of the Property, including a written description and photographs [at the agreed price of £50 per property.  Once the particulars have been approved by the Owner, the Agent shall publish them to its database, website and social media sites.
3. The Agent shall in relation to the Property describe itself as the Owner’s agent.
4. The Agent shall act with all due care and diligence and in accordance with sound commercial principles.
5. The Agent shall make a member of staff available to the Owner at all reasonable times and upon reasonable notice for the purposes of consultation and advice relating to the Property.
6. The Agent shall promptly notify the Owner of all bookings and complaints it receives in relation to the Property.
7. The Agent shall keep the Owner informed of conditions in the market and opportunities for the promotion and marketing of the Property.
8. Subject as provided in these Terms and Conditions and to any directions which the Owner may from time to time properly give, the Agent shall be entitled to perform its duties under these Terms and Conditions in such manner as it may think fit.

4.Lettings

1. All lettings shall be made at such prices and on such terms as the Agent shall reasonably determine as agreed with the owner.
2. The Agent shall enter into booking contracts and receive payments on the Owner’s behalf of the Deposit.  With agreement, the Agent may receive the entire Rental Fees, including Deposit and the Final Balance.

5.Rights and Duties of the Owner

1. The Owner shall be entitled to reserve the property at their discretion and provides the Agent with sufficient notification.
2. The Owner shall ensure that the Property and its fittings, fixtures and contents are kept in good and safe condition and repaired and replaced as necessary throughout the Agency Period. All the requisite certificates to be replaced annually.
3. The Owner shall ensure that the Property is kept in good decorative order throughout the Agency Period.
4. The Owner shall ensure that the Property is cleaned thoroughly and fresh bed linen and towels provided after each letting.
5. Subject to compliance by the Agent with its obligations under these Terms and Conditions, the Owner shall indemnify the Agent against any liability (including but not limited to all costs and expenses which the Agent may reasonably incur in defending any proceedings) which it may incur by reason only of its being held out as the Owner’s agent.

6.Data Protection

1. Shared Personal Data.
   1. This clause sets out the framework for the sharing of personal data between the parties as controllers. Each party acknowledges that one party (referred to in this clause as the Data Discloser) will regularly disclose to the other party Shared Personal Data collected by the Data Discloser for the Agreed Purposes.
2. Effect of non-compliance with UK Data Protection Legislation.
   1. Each party shall comply with all the obligations imposed on a controller under the UK Data Protection Legislation, and any material breach of the UK Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.
3. Particular obligations relating to data sharing.
   1. Each party shall:
      1. ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
      2. give full information to any data subject whose personal data may be processed under this agreement of the nature such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
      3. process the Shared Personal Data only for the Agreed Purposes;
      4. not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
      5. ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;
      6. ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
      7. not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:
         • complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and
         • ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 of the GDPR; or (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) Binding corporate rules are in place or (iv) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.
4. Mutual assistance.
   1. Each party shall assist the other in complying with all applicable requirements of the UK Data Protection Legislation. In particular, each party shall:
      1. consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
      2. promptly inform the other party about the receipt of any data subject access request;
      3. provide the other party with reasonable assistance in complying with any data subject access request;
      4. not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
      5. assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the UK Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities or regulators;
      6. notify the other party without undue delay on becoming aware of any breach of the UK Data Protection Legislation;
      7. at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this agreement unless required by law to store the personal data;
      8. use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
      9. maintain complete and accurate records and information to demonstrate its compliance with this clause; and
      10. provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the UK Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with the UK Data Protection Legislation.

1. Indemnity
   1. Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the UK Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.

7.Financial Provisions

1. In consideration of the obligations undertaken by the Agent under these Terms and Conditions, the Owner shall pay the Commission to the Agent in accordance with this Clause.
2. The Agent shall on the 30th of each calendar month send to the   Owner:-
   1. a statement setting out, in relation to the Property:
      1. all Deposits received;
      2. all Final Balances received;
      3. any refunds given;
      4. all expenses incurred; and
      5. the Commission due to the Agent

for that month; and

1. Pay the amount, less to the Agent’s commission into the Owners bank account as provided at the onset of the agreement.
2. If a booking is cancelled by a customer in accordance with the Agent’s terms and conditions and payment has already been issued to the Owner, the Owner must return the monies within 7 days of notification or it will be deducted from the next month’s payment.
3. The Agent shall keep detailed records and accurate accounts of all financial transactions relating to the Property and shall at the reasonable request of the Owner permit the Owner or its duly appointed representatives to inspect all such records and accounts and take copies thereof at all reasonable times (but not exceeding once every 3 months).
4. All sums payable under these Terms and Conditions are exclusive of any value added tax or other applicable sales tax, which shall be added to the sum in question or otherwise included in any relevant calculation as required by law.

8.Duration and Termination

1. The contract between the Owner and the Agent shall come into force on the date of this agreement and shall continue for the Agency Period, subject to the following provisions.
2. Either party shall have the right, exercisable by giving not less than one months  written notice to the other at any time prior to the expiry of the Agency Period (or any further period for which the contract has been extended pursuant to this provision) to extend the contract for a further period of 1 year.
3. Either party may terminate the contract by giving to the other not less than 1 months written notice.
4. Either party may forthwith terminate the contract by giving written notice to the other party if:
   1. any sum owing to that party by that other party under any of the provisions of these Terms and Conditions is not paid within 14 days of the due date for payment;
   2. that other party commits any other breach of any of the provisions of these Terms and Conditions and, if the breach is capable of remedy, fails to remedy it within 14 days after being given written notice giving full particulars of the breach and requiring it to be remedied;
   3. that other party ceases, or threatens to cease, to carry on business.
5. For the purposes of Clause 8.4.2, a breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to the time of performance (provided that the time of performance is not of the essence).
6. The rights to terminate the contract given by this Clause 8 shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
7. If at any time control (as defined in Section 840 of the Income and Corporation Taxes Act 1988) of the Agent is acquired by any person or group of connected persons (as defined in Section 839 of that Act) not having control of the Agent

at the start of the Agency Period, the Agent shall forthwith give written notice to the Owner identifying that person or group of connected persons and the Owner shall be entitled, by giving not less than 1 months written notice to the Agent within 5 days after the notice from the Agent was given, to terminate the contract.

9.Consequences of Termination

Upon the termination of the contract between the Agent and the Owner for any reason:

1. the Agent shall cease to promote, market, advertise or solicit customers for the Property;
2. the Agent shall have no claim against the Owner for compensation for loss of agency rights, except unpaid Commission;
3. the Agent shall have the right to compensation where the Owner cancels bookings without giving the requisite one months notice, including but not limited to the cost of moving any bookings to new accommodation. [The Agent will also charge an admin fee of £30 per booking to cover time in making the necessary changes to each booking .
4. the Owner shall pay back all monies received from the Agent for all future bookings.

10.Nature of Agreement

1. The agreement between the Owner and the Agent is personal to the parties and neither party may assign any of its rights hereunder, or sub­contract or otherwise delegate any of its obligations hereunder, except with the written consent of the other party.
2. These Terms and Conditions contain the entire agreement between the parties with respect to the Property and can only be altered if the change is agreed in writing between the parties. 
3. Each party acknowledges that, in entering into the contract, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
4. No failure or delay by either party in exercising any of its rights under the contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
5. If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision.