1.1 Agreement means the Order Form, these Terms and Conditions, and the Schedule 1.
1.2 Fees means the fees and expenses set out in Schedule 1, paragraph 3.
1.3 Law means any applicable laws, regulations, requirements, regulatory constraints, obligations, proclamations, rules (including binding codes of practice and statement of principles incorporated and contained in such rules), or applicable judgment of a relevant court of law which is a binding precedent, in each case in force in any jurisdiction that is or may be applicable to this Agreement.
1.4 Order Form means the foregoing ‘Order Form’.
1.5 Property means the Host’s vacation rental Property unit as described in Schedule 1.
1.6 Services means the marketing and letting Services as set out in Schedule 1.
1.7 Start Date means the start date of this Agreement set out in the Order Form.
2.1 Subject to clause 3.3, the Host appoints Home Concierge to market and manage the Property for the Rental Period.
2.2 Home Concierge shall provide the Services in respect of the Property and in accordance with this Agreement.
2.3 In order to enable Home Concierge to perform its obligations under this Agreement, the Host (a) authorises Home Concierge to enter the Property for the purpose of this Agreement, and (b) shall provide Home Concierge with any co-operation, assistance, and/or access to such information/documentation as may be required by Home Concierge.
3.1 The Host warrants, represents and undertakes that he has (a) the legal right to let the Property, and (b) acquired all the necessary permits, licences, certificates and consents as required by Law to let the Property.
3.2 The Host shall comply with the Laws in respect of the Property.
3.3 It shall be the Host’s sole responsibility to comply with the Law in respect of the Property.
3.4 Home Concierge shall have no responsibility whatsoever of conducting any checks to verify if the Host has complied with this clause 3.
4.1 The Host shall keep the calendar on Lodgify and other platforms updated to show any nights the Property is not available during the rental period. If the Property is shown as available, Home Concierge shall be free to rent the Property within the availability window and every booking shall be binding on the Host.
4.2 The Host shall provide (a) Home Concierge with a master set of at least 4 keys to the Property, (b) a current and valid Gas Safety Certificate and a EPC ( Energy Performance Certificate)(Home Concierge can obtain such a Gas Safety Certificate for £100 if the Host does not have one), (c) the furniture and furnishings, including eating utensils and electrical appliances, (d) Wi-Fi access, and (e) any other items that Home Concierge requires to ensure that a guest’s stay is comfortable and as advertised.
4.3 During the Term, the Host shall (a) ensure that Property is fit for human habitation, (b) maintain the Property and all furniture and furnishings from wear and tear.
4.4 The Host shall pay any and all utility bills, council tax and any other charges arising out of or in connection with the Property including gas, electricity, trash collection, water, telephone, television, cable and all other similar public Services, including installation, connection and disconnection charges.
4.5 The Host shall be responsible for (a) repairing any damages to the Property and (b) replacing any missing Property from the Property. The Host shall bear any costs and expenses arising out of or in connection with the aforesaid that are not covered by the costs charged to the guests.
4.6 Home Concierge has public liability and employers liability insurance in place.
4.7 The Host shall maintain in force insurance to cover its liabilities under this Agreement including personal injury and Property damage occurring in the Property, which policies shall be made available to Home Concierge upon signature of this Agreement.
4.8 The Host shall not (a) enter the Property or otherwise disturb the guests without Home Concierge ‘ prior written consent, and (b) interfere with guests reservations.
4.9 The Host shall immediately notify Home Concierge upon becoming aware and/or notified (and make reasonable enquiries where appropriate), if there are any planned and/or ongoing works and/or maintenance which may affect the personal enjoyment of the prospective guest. Depending on the severity of such works and/or maintenance, Home Concierge reserve the right to offer a discount on the rental amount to the Guests for any resulting disturbance, and/or, if necessary, to relocate them to another Property.
4.10 The Host will be liable in case of chargebacks from the guests up to two years after the guests stay.
4.11 By signing this agreement, The Host confirms that they have informed Home Concierge whether or not they have the authority from the local council to short let for over 90 days per calendar year.
GUEST BOOKING RATES
5.1 The rental rates are set by Home Concierge employing sophisticated revenue management techniques, subject to the mutually agreed minimum rental rate.
5.2 In the event that Home Concierge Revenue Management System does not generate a reasonable amount of bookings within a week of the property being listed, Home Concierge together with the Host shall both agree to adjust a new mutually agreed minimum price in order to boost the performance of the Property.
5.3 Home Concierge makes no representation whatsoever to the Host about the amount of rental income the Host may anticipate receiving under this Agreement.
5.4 All booking platforms charge a commission on bookings. For all direct bookings, guests are charged 8% commission.
6.1 If a dispute arises with a guest regarding the Property, on or after taking possession and for any reason, Home Concierge shall step in and handle the issue with the guests. The host shall be involved only for maintenance issues, over the amount of £250, or if the disputes concern the state of the Property and is not linked to Home Concierge Services, Home Concierge staff will do their utmost to contact the host.
6.2 Home Concierge reserves the right to issue refunds to the guests if disputes arise regarding the state or condition of the property.
6.3 For any maintenance work up to £250 per job, Home Concierge reserves the right to fix the issue without prior communication with the host in order to provide an efficient Service.
6.4 The base price for maintenance work is £65 per outcall inc. 1/2 hour labour (materials are charged at a 25% markup, plus a sourcing fee of £20).
TERM AND TERMINATION
7.1 Either Home Concierge or the Host shall be entitled to terminate this Agreement immediately by giving written notice of 30 days to the other party.
CONSEQUENCES OF TERMINATION
8.1 On expiry or termination of this Agreement howsoever caused (a) the rights and duties created by clauses 6, 9, 10 and 11.1 shall survive, (b) the rights and remedies of either party which arose on or before expiry or termination shall remain unaffected, (c) and for the reservations that exist for the Property beyond the expiry or termination date, the cancellations Fees as stated in Schedule ‘Cancellation and Relocation Fees’ will apply.
8.2 If Home Concierge cancels or ends the Agreement (eg if Home Concierge stops trading, or gets bought by another company, or simply cancels the Agreement for any force majeure), then the host isn’t liable for booking cancellation Fees.
8.3 If the contract is cancelled by Home Concierge, then all details of any future bookings need to be passed onto the host, so the host can honour the bookings, and any funds received from future bookings paid immediately to the host.
9.1 The Host understands and agrees that Home Concierge does not act as an insurer and that The Host shall obtain the appropriate insurance for the Property and its contents.
9.2 The Host also agrees and understand that Home Concierge is not providing investment advice or real estate advice and that The Host shall make their own independent decision on whether short lets are the right solution for them. Whilst Home Concierge will use reasonable skill in attracting bookings, we cannot guarantee that The Host will make an income of any particular amount and Home Concierge will not be responsible for lost opportunity cost or loss of earnings if The Host doesn’t get any bookings for whatever reason. Nor are Home Concierge liable for the suitability of the guests given that we rely upon the verification standards of the booking platforms and the relevant profile pages to assess suitability.
9.3 Whilst Home Concierge will use reasonable care to identify any issues that are readily apparent from our inspection of the Property, Home Concierge will not be responsible for the condition, safety or security of the Property. The Host is solely responsible for such condition, safety and security and compliance with all laws, rules and regulations applicable to the Property.
9.4 The Host will be liable to the guest in respect of the quality, safety and description of the Property and will also be responsible for ensuring that the Property is both available on the dates which have been booked and is in the condition as listed or described.
9.5 The Host agrees to indemnify and hold Home Concierge harmless from and against any claims, liabilities, damages, losses and expenses including (without limitation) reasonable legal Fees, arising out of, or in connection with, any breach by The Host of this Agreement or the terms of any Agreement The Host may have in place with the booking platform from time to time.
9.6 The Host will contract directly with a guest and we will not be liable in respect of any matter arising which relates to a booking between The Host and a Guest which includes the breakage of any items at the Property caused by the Guest or due to reasons beyond our reasonable control.
9.7 Home Concierge will not be liable for the provision of Services by third parties (any “Third Party Supplier ”) including those who provide the Extra Maintenance Services or any other maintenance or repair Services that we book on behalf of The Host. However Home Concierge will ensure that we take reasonable care and skill in selecting such Third Party Suppliers.
9.8 Home Concierge will not be liable to The Host or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of Home Concierge’s obligations, if the delay or failure was due to any cause beyond Home Concierge’s reasonable control such as shortages, severe weather, power or other utility cut-offs, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar occurrences.
9.9 In no event shall Home Concierge be liable for exemplary, incidental, indirect, special or consequential damages or for any business, financial or economic loss such as lost reputation, lost bargain, lost profit or loss of anticipated savings arising out of or resulting from this Agreement (even if Home Concierge have been advised of the possibility thereof or Home Concierge are asked by The Host to act against what Home Concierge believes to be their best interests) and whether such loss arises as a result of negligence, breach of contract, tort or otherwise by Home Concierge or any agent, employee or third party providing Services on our behalf (including a Third Party Supplier) except to the extent the foregoing limitation is prohibited by applicable law.
9.10 Notwithstanding anything to the contrary herein, subject to any exceptions set forth in applicable law, Home Concierges liability for all losses, damages, and other liabilities relating to or arising out of this Agreement and the Services provided hereunder (including, without limitation, with respect to Property damage, damage to valuable or fragile items at the Property, personal injury and death) will be limited to the cost of obtaining replacement Services or the average one month’s Fee for Home Concierge Services, whichever is the higher amount.
10.1 Changes: No changes to this Agreement shall be valid unless made in writing and signed by the authorised representatives of both parties.
10.2 Force Majeure: Both parties shall not be liable for any delay or failure in performing its duties under this Agreement to the extent that its performance is interrupted or prevented by an event outside its control.
10.3 Entire Agreement: This Agreement supersedes any prior contracts, arrangements and undertakings between the parties in relation to its subject matter and constitutes the entire Agreement between the parties relating to that subject matter. Neither party is relying upon any Agreements, understanding, arrangement or course or trade or business (whether in writing or otherwise) that is not expressly stated in writing within this Agreement.
10.4 Severance: If any part of this Agreement is held unlawful or unenforceable that part shall be struck out and the remainder of this Agreement shall remain in effect.
10.5 Disputes: If a dispute arises under this Agreement between the parties, the parties shall negotiate in good faith to resolve it.
10.6 Law and Jurisdiction This Agreement is governed by the laws of England and is subject to the exclusive jurisdiction of the English courts.
SCOPE OF OUR SERVICES
Home Concierge will be in charge of the marketing the property.
The scope of the Marketing Services is set out below:
1) Create, manage and control all the marketing aspects of the Property.
2) Take 15 + high quality pictures of the Property and surrounding area.
3) Prepare a description of the Property, amenities and nearby activities.
4) Provide potential guests with accurate information regarding the Property.
5) Perform daily automated intelligent pricing.
6) Create a calendar showing the availability of the Property to which you will have access.
7) List the Property on our major partner websites and in more than 30 different paid channels. These include but are not limited to AirBnB, Booking.com, Tripadvisor, HolidayLettings, Wimdu, Housetrip, and HomeAway.
8) Manage, control and update every detail of the Property listing in order to optimise the content and make it more persuasive to attract more potential guests.
9) Respond and otherwise manage all the booking inquiries that Home Concierge receive and provide you with updates on confirmed bookings.
The scope of the Management Services is set out below:
1) Organise the check-in and welcome the guests at the reception desk or directly at the Property.
2) Actively manage booking enquiries.
3) Provide Guest Support 24/7.
5) Hospitality package which includes but is not limited to: professional hotel-style cleaning, toiletries, coffee and tea, bathmat, tea towels, toilet rolls, kitchen rolls, linen and towels.
1) Contribution to the set up fee- £200 + VAT for up to 2 bedrooms, £300 + VAT for 3 + bedrooms.
2) In the instance of no bookings within a 3 month period, the host will be liable to pay the set up fee in full.
3) Photoshoots cancelled with less than 24 hours notice will be charged in full.
4) Pre or post tenancy cleaning fee. The price will vary depending on the size and the condition of the Property.
5) In case of maintenance work, the host will be charged at £65 per outcall inc. 1/2 hour labour(materials are charged at a 25% markup, plus a sourcing fee of £20).
6) All extra Fees will be deducted from your monthly statement.
7) Home Concierge will charge a commission on each booking as agreed per contract.
8) In the case of any refund, we will refund up to a maximum of our earned commission.
9) Home Concierge pays the booking platforms Fees on behalf of the host.
10) Home Concierge will charge a 3% handling fee when payments are taken by card on behalf of the host.
1) Cleaning will be charged to the guests for all bookings confirmed by Home Concierge.
2) Home Concierge will charge the guests for any extra Services provided in addition to cleaning.
Payment Terms & Conditions
1) You will receive your net income within the first 14 working days of the month for the previous month. It will come with a personal statement that will include your gross and net income per booking and any additional expenses if it is the case.
2) Host Fees will be deducted from the statement applicable for the month running.
CANCELLATION & RELOCATION FEES
– More than 6 months before check-in: cancellation is free of charge. Relocation Fees may apply.
– More than 14 days before check-in: You will be charged 50% of the gross amount of the booking per cancellation.
– Within 14 days of check-in: You will be charged the whole gross amount of the booking.
Any applicable cancellation Fees are automatically deducted from your next payout. All cancellations should be communicated and confirmed by written notice only.
In case of relocations due to Property maintenance/defaults/works, a £100 relocation fee will be applied.