Private House Stays Legals
We act in the following capacities: as a booking agent for short stays, business & holiday bookings. Our obligations to you may vary depending upon which arrangements you book with us and we have tried to set them out below as clearly as possible. Section A applies to bookings where we act as an agent Section B contains the terms which will apply to all bookings.
SECTION A: BOOKINGS WHERE WE ACT AS AGENT
This section applies to bookings we make for you using our booking on line software as an agent and should be read in conjunction with Section B below.
Private House Stays acts as a booking agent for accommodation using our simple owner controlled booking software. When you make a booking, you are entering into a contract with the accommodation owner via Private House Stays. As an agent we accept no responsibility for the acts or omissions of the accommodation provider for the services provided by them. The accommodations terms & conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
5. Credit card or bank transfer
If applicable and available, certain Accommodation Providers offer the opportunity for your Reservations to be paid (wholly or partly and as required under the payment policy) to the Accommodation Provider during the Reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Private House Stays facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Accommodation owner (Private House Stays never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Accommodation provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain (non-refundable) rates or special offers, please note that Accommodation provider may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Reservation. You will not hold Private House Stays liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Accommodation provider and not (re)claim any amount for any valid or authorized charge by the Accommodation provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately. Please provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Private House Stays secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
Your booking is confirmed and a contract between you and the accommodation provider and will exist when we send you confirmation on their behalf. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
Where an offer of availability is made via the accommodation provider, your booking is not confirmed until you receive a booking confirmation. We therefore advise you to accept the offer as soon as possible after receipt in order to make a firm booking. You will be notified by email within 24 hours whether your booking has been confirmed. It is your responsibility to contact Private House Stays if a confirmation email has not been received.
Strong Customer Authentication (SCA)
As part of the EU Payments Services Directive (PSD2) to protect consumer rights and reduce online fraud, members may now be required to checkout online via the process of Strong Customer Authentication (SCA).
This process requires members to use two independent sources of validation for payments. Depending on members’ banks, members will be required to select a combination of two out of three categories (commonly known as the ‘two-factor authentication’) at online checkout:
- Something you know (e.g. PIN)
- Something you have (e.g. Card/phone)
- Something you are (e.g. fingerprint)
Amendment & Cancellation Policy
If you wish to amend or cancel a confirmed booking, you must contact us. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the accommodation provider. In all cases, once the booking is confirmed, you are subject to the terms and conditions of that hotel’s cancellation policy.
Cancellation policies may outline a period before check-in when cancellations will be subject to payment of a cancellation charge. This period does not include the day of arrival – so, for example, a cancellation policy of ‘24 hours’ means a reservation must be cancelled at least 24 hours before the accommodation providers stated check-in time on the day before arrival to avoid the penalty. Any cancellations must be made by email.
Where applicable, refunds will be made by the same method used to pay for the booking. Any payment made by credit card will be returned to that card. Please note that all deposit payment and additional charges paid at the time of booking are non-refundable.
Any changes to a booking that involve the addition of sequential nights to a stay will be considered an amendment to the original booking, regardless of whether the extra nights are booked by the person who made the original booking, or by another guest with whom they are staying.
Changes and Cancellations by the Accommodation Provider
We will inform you as soon as reasonably possible if the accommodation provider needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the accommodation provider in relation to any alternative arrangements offered by them but we will have no further liability to you.
Accuracy of prices & descriptions
Private House Stays cannot be held liable for errors or omissions in bookings or pricing, either made by the accommodation provider or as a result of system failure of any kind. We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.
We do our utmost to ensure all Private House Stays information is accurate, however accommodation providers may change at any time and any opinions expressed are subjective.
Our responsibility for your booking
Your contract is with the accommodation provider and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Because the contract for your arrangements is between you and the accommodation provider, any queries or concerns should be addressed to them. If you have a problem during your stay, this must be reported to the accommodation provider immediately. If you fail to follow this procedure there will be less opportunity for them to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you still wish to complain when you return home, you can contact us and we will liaise between you and the short term accommodation provider in order to try to resolve your complaint. Please note that we do this as part of our customer service to you and as a gesture of goodwill only. We do not accept responsibility for dealing
Changes by of a Booking
If you wish to change any part of your booking arrangements after a confirmation has been sent out, you must inform the accommodation provider in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of £50 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If you cancel your booking
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. *In some cases the deposit may be a higher amount to secure your arrangements, this will be non-refundable and the charges will be added to the cancellation charges above
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
SECTION B – APPLICABLE TO ALL BOOKINGS
This section applies to all bookings you make with us.
For all bookings, by making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- A. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
- C. He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- D. he/she accepts responsibility for payment of the arrangements on behalf of all persons detailed on the booking.
Alteration of service or amendments to the conditions
We reserve the right to make changes to our website/app, policies, and these conditions of purchase at any time. You will be subject to the policies and conditions of conditions of purchase in force at the time that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier, but we can't guarantee that they will be met and we will have no liability to you if they are not.
Adequate travel insurance is a condition of your contract with either us or the hotel in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; pre-exiting medical conditions and other expenses. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. Please note that special offers may be withdrawn without any notice.
Accommodation Ratings and Standards
All ratings are as provided by the relevant supplier and these may differ from the official ratings. These are intended to give a guide to the services and facilities you should expect from your accommodation. We cannot guarantee the accuracy of any ratings given.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Disabilities and Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. It is your responsibility to provide us with full and accurate details on any special assistance you may require. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Data Protection and Privacy
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.
means the agency period which is 6 months.
means (subject to Clause 6) 9% of the Rental Fees received in relation to the Property in any month if the booking is deemed commissionable.
Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures
Data Protection Legislation
the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).
means a deposit paid by a customer to secure a booking of the Property.
means the Rental Fees less the Deposit.
means the periods of time during which the Property is available for lettings.
means the owner of the Property.
means the property (and land, if any).
means the total amount due from a customer in respect of a booking of the Property (excluding a Security Deposit).
means the periods of time during which the Property is reserved for use by the Owner.
Shared personal data
the personal data to be shared between the parties.
UK Data Protection Legislation
all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
- Any reference in these Terms and Conditions must be in written format such as email, letter or similar means.
- 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.
- The headings in this document are for convenience only and shall not affect its interpretation.
2.Appointment of Agent
- 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.
- The Owner may choose to engage with other Agencies but should inform Private House Stays Limited.
3.The Agent’s Duties
- The Agent shall use its best endeavours to promote and market the Property and to obtain bookings of the Property(s) for holiday lettings.
- 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.
- The Agent shall in relation to the Property describe itself as the Owner’s agent.
- The Agent shall act with all due care and diligence and in accordance with sound commercial principles.
- 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.
- The Agent shall promptly notify the Owner of all bookings and complaints it receives in relation to the Property.
- The Agent shall keep the Owner informed of conditions in the market and opportunities for the promotion and marketing of the Property.
- 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.
- All lettings shall be made at such prices and on such terms as the Agent shall reasonably determine as agreed with the owner.
- 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
- The Owner shall be entitled to reserve the property at their discretion and provides the Agent with sufficient notification.
- 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.
- The Owner shall ensure that the Property is kept in good decorative order throughout the Agency Period.
- The Owner shall ensure that the Property is cleaned thoroughly and fresh bed linen and towels provided after each letting.
- 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.
- Shared Personal Data.
- 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.
- Effect of non-compliance with UK Data Protection Legislation.
- 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.
- Particular obligations relating to data sharing.
- Each party shall:
- 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;
- 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;
- process the Shared Personal Data only for the Agreed Purposes;
- not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
- 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;
- 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.
- 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.
- Each party shall:
- Mutual assistance.
- Each party shall assist the other in complying with all applicable requirements of the UK Data Protection Legislation. In particular, each party shall:
- consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
- promptly inform the other party about the receipt of any data subject access request;
- provide the other party with reasonable assistance in complying with any data subject access request;
- not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;
- 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;
- notify the other party without undue delay on becoming aware of any breach of the UK Data Protection Legislation;
- 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;
- use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
- maintain complete and accurate records and information to demonstrate its compliance with this clause; and
- 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.
- Each party shall assist the other in complying with all applicable requirements of the UK Data Protection Legislation. In particular, each party shall:
- 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.
- 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.
- The Agent shall on the 30th of each calendar month send to the Owner:-
- a statement setting out, in relation to the Property:
- all Deposits received;
- all Final Balances received;
- any refunds given;
- all expenses incurred; and
- the Commission due to the Agent
- a statement setting out, in relation to the Property:
for that month; and
- Pay the amount, less to the Agent’s commission into the Owners bank account as provided at the onset of the agreement.
- 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.
- 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).
- 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
- 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.
- 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.
- Either party may terminate the contract by giving to the other not less than 1 months written notice.
- Either party may forthwith terminate the contract by giving written notice to the other party if:
- 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;
- 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;
- that other party ceases, or threatens to cease, to carry on business.
- 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).
- 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.
- 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:
- the Agent shall cease to promote, market, advertise or solicit customers for the Property;
- the Agent shall have no claim against the Owner for compensation for loss of agency rights, except unpaid Commission;
- 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 .
- the Owner shall pay back all monies received from the Agent for all future bookings.
10.Nature of Agreement
- 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.
- 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.
- 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.
- 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.
- 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.
11.Notices and Service
- Any notice or other information required or authorised by these Terms and Conditions to be given by either party to the other shall be given by:
- delivering it by hand;
- sending it by pre-paid registered first class post; or
- sending it by email;
- Any notice or information given by post in the manner provided by Clause
11.1.2 which is not returned to the sender as undelivered shall be deemed to have been given on the second day after the envelope containing it was so posted and proof that the envelope containing any such notice or information was properly addressed, prepaid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that the notice or information has been duly given.
- Any notice or information sent by email shall be deemed to have been duly given on the date of transmission
12.Relationship of the Parties
Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership or the relationship of employer and employee between the Owner and the Agent.