Booking Representative Terms and Conditions
Booking Representative Terms and Conditions
When accepting a booking from us, you acknowledge receipt and agree to the terms
of this agreement.
- Background
1.1. The Home Makers Hub Ltd is registered in England and Wales, Company
Number 14828072, whose registered office is 27 St Cuthberts Street,
Bedford, MK40 3JG. You can contact Us on 07355952209 or email Us at
reservations@thepropertyhubgroup.com.
1.2. The host is the accommodation provider or operator (You or Your) who is
entering into this agreement with Us.
1.3. You wish to use Our services to facilitate the short-term letting of
the accommodation on Your behalf.
1.4. These terms and conditions (Terms) apply to Your order for Services and Our
supply of Services to You (together, the order and these Terms constitute the
Agreement between Us and You for Our Services). By using The Home
Makers Hub Ltd and placing Your order for Services with Us, You agree to be
bound by these Terms and the Agreement. After You accept an
accommodation request with Us, we will secure the reservation with Our
Client on Your behalf. Please note that this does not mean that Your order
has been approved or confirmed, the booking is provisional until payment has
been made. Our confirmation of the booking occurs when we make payment
to You, at which point and on which date (Commencement Date) the
Agreement between You and Us will come into existence.
1.5. These Terms apply to the exclusion of any other terms that You may seek to
impose or incorporate, or which are implied by law, trade custom, practice, or
course of dealing.
1.6. The Agreement is the entire agreement between You and Us in relation to its
subject matter. You acknowledge that You have not relied on any statement,
promise, representation, assurance or warranty that is not set out in the
Agreement. - Definitions
2.1. In the Agreement, the following defined terms shall have the following
meanings:
Accommodation means Your accommodation which We have agreed
to facilitate the sale of short-term occupation, in accordance with this
Agreement which may include but not be limited to the following formats:
serviced apartments, property, company lets, corporate housing, shared
houses or HMOs, hotels, aparthotels and temporary accommodation.
Such terms shall be used interchangeably, and any use shall be
inclusive of all other formats unless explicitly stated. Each reference to
Accommodation can be both singular and plural covering an individual
property or multiple properties.
Accommodation Fee(s) means the all-inclusive charges for the Guest
stays at the Accommodation for all Reservations including cleaning
charges, utilities, services costs, booking fees, cancellation fees, and
no-show fees, including VAT and/or other taxes at applicable rates. For
the avoidance of doubt, the Security Deposit shall be itemised separately
from the Accommodation Fee as this is a refundable fee.
Commission means the sums payable to Us for the Services of this
agreement.
Confidential Information means any confidential, commercially
sensitive, or proprietary information of a party.
Guest means a person/s due to stay under a Reservation.
Host Conditions of Stay means any terms and conditions of stay
to be adhered to by a Guest in relation to each Reservation.
Property Details means all information and materials provided by
You or obtained by Us in relation to the Accommodation and/or the
facilities, services, and amenities offered.
Reservation means when a booking has been accepted and confirmed
by You in accordance with this Agreement.
Security Deposit means a payment made to Us by the Guest upon
registration with Us as a security deposit covering the cost of any
damage caused by the Guests to any accommodation booked with Us
up to the value of £200 for apartments and £350 for houses, or unless
you specify otherwise.
Services means the promotion and sale of short-term occupation on
Your behalf and the performance of the other obligations on Us as set
out in this Agreement.
Specification for Services means the specification shared with You
about the requirements for the Reservation. - Bookings and Enquiries from Guests
3.1. Where You offer Accommodation following a booking inquiry and such offer is
accepted by a prospective Guest and by You, the booking shall become a
provisional Reservation, such Reservation shall be on and subject to these
Terms. Confirmation of when payment will be made will be agreed with You
on an individual booking basis. While provisionally booked. You must not
accept other reservations.
3.2. Once payment has been made, the provisional Reservation will become a
confirmed Reservation to You, such Reservation shall be on and subject to
these Terms. You shall provide Us with all information required to make
available to the Guest in respect of the Reservation.
3.3. All Reservations are binding from the time that the Reservation is confirmed
by email or otherwise to You. Where the confirmation is submitted to You
otherwise than in writing, We will follow up the confirmation with You in
writing. You acknowledge that our confirmation to You is the point You have
a contractual relationship with the Guest.
3.4. We provide no guarantee or warranty as to the number of Reservations that
We may facilitate.
3.5. If the Accommodation is located in the United Kingdom, it is expected that
You will apply the reduced rate of VAT from the 29th consecutive night
onwards. You shall notify Us of Your VAT policy at the time that the
Accommodation Fees are provided to Us.
3.6. Accommodation Fees should be provided inclusive of Commission (10%) and
taxes. All taxes that apply must be clearly stated when providing your offer. - General
4.1. Neither party will do anything or omit to do anything which may damage the
reputation or business of the other party.
4.2. We may assign or transfer Our rights and obligations under the Agreement
to another entity. You may only assign or transfer Your rights or your obligations
under the Agreement to a third party if we agree in writing.
4.3. Any variation of the Agreement only has an effect if it is in writing and
signed by You and Us (or our respective authorised representatives).
4.4. Nothing within this Agreement is intended or shall be deemed, to establish
any partnership or joint venture relationship between the parties.
4.5. Any all rights (express or implied) conferred upon any third party to this
agreement by the Contracts (Rights of Third Parties) Act 1998 are expressly
excluded.
4.6. This Agreement shall be governed by and construed in accordance with the
laws of the EU and the UK and the parties agree to submit to the exclusive
jurisdiction of the courts of the EU and the UK.
Key requirements of the host
● In the event that the person entering into this Agreement is not the legal and
beneficial owner of the Accommodations, by entering into this Agreement they
warrant, represent, and undertake that they have the authority to act on behalf
of and to bind the owner of the Accommodation for the purposes of this
Agreement.
● This Agreement will commence on the Commencement Date and will
continue in full force and effect until the date of the Guest departs.
● You shall provide the Accommodation in accordance with the following:
○ Let or rent out on a nightly basis (or as per the minimum stay
requirement) in principally the same way as a hotel room.
○ Fully furnished, having a fully functioning and equipped kitchen, or
as a minimum a kitchenette, and most importantly is serviced.
○ Meets the minimum service levels of: being fully cleaned with a
regular change of all linen and towels (being at least once every two
weeks), or at such intervals as agreed between the parties in writing
from time to time and in any event, between all changes of
occupancy. Frequency should be agreed as part of the Reservation.
○ All utility and service costs except outgoing telephone calls shall be
included in the Accommodation Fees.
○ Always maintained in a clean, tidy, reasonable, and tenantable
condition.
○ All relevant safety certificates shall be held and will be maintained,
including gas and electrical appliances.
○ Conform to all applicable planning, licensing, health and safety, and
other requirements as may be imposed on it by national, local, or
other laws, regulations, guidelines, rules, and codes of practice
including, but not limited to those relating to fire, safety, and
hygiene, of the country(s) in which and for the purposes for which
the Accommodation is provided.
○ There is no requirement for the Accommodation to provide
reception facilities or a meet & greet service. A self-check-in service
is acceptable.
○ You shall provide emergency management and maintenance
support, which shall as a minimum include an emergency telephone
number available 24 hours a day, every day of the year.
● You shall cooperate with Us in a timely manner in all matters relating to the
Reservation. You will provide Us with such information and materials we
may reasonably require to supply the Reservation and ensure that such
information is complete and accurate in all material respects.
● You shall provide full information to Us in relation to the Accommodation
including the Property Details and any Host Conditions of Stay. You
undertake that all information, materials, and Property Details that You
provide to Us are lawful, accurate, complete, and not misleading and that
You shall immediately inform Us of any changes or inaccuracies. We will
use all reasonable endeavours to ensure that We will not host any unlawful
information and We will act expeditiously to remove or disable any such
information upon becoming aware of the same.
● You shall ensure that any repayments or refunds are paid to Us promptly
and in any event within a maximum of 5 business days.
● If You fail to provide the Accommodation in accordance with the
Reservation, then You shall source suitable alternative accommodation of
the same or higher standard to the Reservation. If the fees for the
alternative accommodation are higher than the Accommodation Fees, then
the difference will be Your sole responsibility.
● You shall keep Us fully informed of any feedback received from any
Guest regarding the Accommodation and inform Us within 24 hours of
any complaints received.
● You shall not circumvent Us, in any way in which We may be directly or
indirectly negatively commercially affected. You agree not to contact,
initiate contact, or attempt to do business with, at any time for any
purpose, either directly or indirectly, any guests, bookers, employees,
agents, or other related parties of any Reservation introduced by Us for
circumventing, the result of which shall be to prevent Us from realising a
profit, fees, or otherwise, without Our specific written approval. Where
such approval is given, in Our sole discretion, it shall be given in writing
on a case-by-case basis. If such circumvention shall occur without Our
approval, You will pay Us a fee that is equal to the commission or fee We
would have realised in such a transaction, plus any costs, losses, or
expenses We incur on enforcement. You shall also be liable to Us for any
commission or fee We would have otherwise realised in future
transactions with such Guests, bookers, employees, agents, or other
related parties, including but not limited to any loss of goodwill, loss of
profits, loss of sales or business, loss of agreements or contracts, or loss
of anticipated savings or expenses. To avoid uncertainty or doubt, this
applies not only to Reservations, but is inclusive of, but not limited to any
prospective business opportunity, contact, or information directly
introduced or disclosed to You by Us.
● You acknowledge that general wear and tear, and losses incurred through
acts of nature and maintenance are Your responsibility and shall not be
treated as damages. In the event of loss or damage incurred solely from the
Guests under a Reservation, You shall inform Us within 24 hours of Guest
checkout including photo evidence of all items. Within a further 48 hours,
You shall provide an itemised outline of the resolution, replacement, or repair
of the stated damages. Any items raised outside of this timescale shall no
longer be possible to seek reimbursement for such damage from the Guest
Security Deposit unless an agreed extension for further details is granted in
writing by Us. After this point, We will aim to facilitate an agreeable
resolution between the Guest and You, however, in the event of an
unsuccessful resolution within 48 hours You may communicate directly with
the Guest in respect of such damage. For the avoidance of doubt, We shall
have no liability to You for any damage (accidental, malicious, or otherwise)
to the Accommodation arising from a Reservation, and Our only liability to
You in respect of the same is to invoice the Guest and/or administer the
payment of the Security Deposit.
● You shall as a minimum maintain, for the duration of this Agreement (as
detailed in clause 4), with a reputable insurance company public liability
insurance, to a minimum of £1 million (or local equivalent), to cover
injury and damage to third parties and their belongings whilst in the
Accommodation. The responsibility of insuring contents and building
lies with You. In both cases the insurer must be notified by You that the
Accommodation will be let. You will, on Our request, supply Us with
evidence of such valid insurance cover.
Key requirements of The Home Makers Hub Ltd
● This Agreement will commence on the Commencement Date and will
continue in full force and effect until the date of the Guest departs.
● We warrant to You that the Services will be provided using reasonable care
and skill.
● For each Reservation, We shall facilitate and receive payment from the
Guest of the Accommodation Fees on Your behalf.
● Unless you specify otherwise, each Guest is required to submit a Security
Deposit to Us during Our booking process. Such Security Deposit is held
by Us as security against damage caused by any Guest to the
accommodation We provide on Your behalf. For the avoidance of doubt,
the Security Deposit shall cover a maximum damages sum of £200 for
apartments and £350 for houses. In the event of any loss or damage to
Your Accommodation, You shall follow the process detailed in this
agreement. We will invoice the Guest for any evidenced loss or damage,
and, where such invoice remains unpaid, We will administer the payment
to You of the Security Deposit.
● We agree that, where You have any Host Conditions of Stay, We will make
these available to the Guest for each Reservation.
● We will pay You the Accommodation Fee minus Our Commission to You
prior to the Reservation arrival date.
● Where possible, We shall forward the Payment prior to or within 5
business days of the Guest arrival. We will forward the Payment directly to
Your nominated bank account upon receipt of Your invoice.
● For reservations of 31 nights or less, We will pay the whole amount in one
transaction.
● For Reservations of 32 nights or more, We will pay You monthly (or at such
intervals as We may otherwise agree). Invoices should be issued to Us on
the later of the day that the Reservation is made or on Our request for an
invoice for the first period nights and then on the agreed cadence
thereafter.
Termination & Effect of Termination
If this Agreement is terminated for any reason, the termination shall not apply
in relation to Reservations made before the effective date of termination, and
the rights and obligations of the parties under this Agreement in respect of such
Reservations shall survive the termination, and be enforceable notwithstanding
it. - Intellectual Property
All intellectual property rights in or arising out of or in connection with the
Services, including (other than intellectual property rights in any materials
provided by You) will be owned by Us.
You warrant and represent that You own all intellectual property rights in any
Property Details and materials that You supply to Us and that any use of such
Property Details or materials by Us in accordance with this Agreement shall not
infringe the intellectual property rights of any third party. For this clause, intellectual
property rights shall include but not be limited to copyright, trademarks (registered
or unregistered), brand, design rights, database rights, patents, and Confidential
Information. - Data Protection
We will process Your personal data in accordance with Our privacy policy. To the
extent that any personal data of Guests is shared between You and Us (both acting
as data ‘controllers’) in the performance of this Agreement, You and We both agree
to:
1. Use such personal data solely for the purpose of this Agreement, including the
booking of and stay at the Accommodation; and
2. Comply with all applicable obligations placed upon us by the EU retained law
version of the General Data Protection Regulation (EU) 2016/679 and the Data
Protection Act 2018
3. You agree to comply at all times with all applicable obligations placed upon
You by the EU GDPR and the Data Protection Act 2018 with regard to your
collection and handling of Guest personal data. - Liability
Nothing in this Agreement shall limit either party’s liability for death or personal
injury caused by their negligence or the negligence of its employees, agents, or
subcontractors or for fraud or fraudulent misrepresentation or anything else in
relation to which it would be unlawful to limit or exclude.
We shall not be liable to You whether in contract, tort (including negligence), for
breach of statutory duty, or otherwise, arising under or in connection with the
Agreement for any loss of profit, savings, use of money, business, goodwill or
reputation whether such losses are direct or indirect or for any indirect or
consequential loss.
In relation to each Reservation, Our liability shall be limited to the Commission
paid to Us in respect of that Reservation. To the extent the liability does not
relate to a particular Reservation, Our liability to You shall not in any given
year exceed the total Commission paid by You during such year.
We shall not carry out any checks during the Reservation in relation to the
Guests and shall in no way be responsible or liable for their acts or omissions or
for any damage or problem caused during their use of the Accommodation.
You shall indemnify Us in full for any liability, damages, costs, losses,
expenses or other sums incurred by Us in connection with a Reservation or
booking. - Confidentiality
We each undertake that We will not at any time during the Agreement, and for a
period of one year after termination of the Agreement, disclose to any person
any Confidential Information concerning one another’s business, affairs,
customers, Guests, or suppliers, except as permitted as follows.
We each may disclose the other’s Confidential Information to such of our
respective employees, officers, representatives, subcontractors, or advisers who
need to know such information to exercise our respective rights or carry out our
respective obligations under the Agreement. We will each ensure that such
employees, officers, representatives, subcontractors, or advisers comply with
this agreement; and as may be required by law, a court of competent
jurisdiction, or any governmental or regulatory authority.
Each of us may only use the other’s Confidential Information to fulfil our
respective obligations under the Agreement. - Force Majeure
We will not be liable or responsible for any failure to perform, or delay in
performance of, any of Our obligations under the Agreement that is caused by
any act or event beyond Our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of Our
obligations under the Agreement:
We will contact You as soon as reasonably possible to notify You; and Our
obligations under the Agreement will be suspended and the time for
performance of Our obligations will be extended for the duration of the Event
Outside Our Control. We will arrange a new date for the performance of the
Services with You after the Event Outside Our Control is over.