Standard letting terms

1. Commission and Payments

a)

Our commission is payable at the rate set out in your Key Terms (or as otherwise agreed with you) on all gross fees receivable or payable (including VAT where applicable) for each Client booking we take on your behalf. “Gross fees” includes, but is not limited to, the accommodation costs, pets′ fees and optional extras such as towel hire, but excludes any booking fee we charge directly to the Client.

b)

You will receive payments, net of any fees, commissions or other amounts paid or payable to us, on the first Monday that is within 3 weeks of the holiday date for the applicable letting or as soon as practicable following the receipt of the final payment from the Client, whichever is the later. For the avoidance of doubt, deposits for lettings are taken from the Client by us and retained until the full holiday payment is paid to you in accordance with this clause and in no circumstances are we required to pay you more than we have received from the Client.

2. Our Responsibilities

a)

Until our agreement is terminated, and provided you continue to comply with its terms, we will take responsibility for:-

i.

marketing and advertising the Property, including, but not limited to, internet coverage of the Property.

ii.

meeting all advertising and distribution costs of any Travel Chapter printed material as we shall deem necessary.

iii.

undertaking all negotiations in respect of letting of the Property.

iv.

arranging for the collection of all rents and payments and accounting to you for these less commission and other payments due to us in accordance with the terms of this Agreement.

v.

administering all lettings taken by us as your agent.

b)

We may (acting reasonably) temporarily or permanently stop marketing and accepting bookings for you if we become aware of any health and safety or quality related issues (including repeated complaints) with your Property (or its surroundings).

3. Your Responsibilities

a)

You will comply with the Booking Terms in respect of each booking we take on your behalf.

b)

You will also be responsible for:-

i.

providing good customer service to the Client and/or and their Guests.

ii.

maintaining the Property and its associated amenities to appropriate standards.

iii.

arranging for thorough cleaning and servicing of the Property immediately before commencement of each letting.

iv.

making suitable arrangements for the welcoming of the Client and/or their Guests and the provision of keys for the Property.

v.

letting us know of anything you know about or should know about the Property or the immediate locality that may affect a Client′s or Guests′ full and quiet enjoyment of the Property.

vi.

maintaining comprehensive building insurance cover on the Property and contents insurance with a reputable insurance company insuring against fire, storm, external impacts and other usual insured risks for the full value thereof.

vii.

maintaining adequate liability insurance and insurance against all claims for loss, injury or damage suffered by the Client, Guests and/or third parties visiting the Property to a minimum of £2,000,000 for any one incident.

viii.

letting us know if you are, or become, resident outside the UK for more than 6 months a year, and further you authorise us to deduct tax in accordance with HM Revenue & Customs′ Non-resident Landlord Scheme as required.

ix.

providing appropriate furniture and equipment for the Property.

x.

maintaining the Property and its associated amenities in a good and substantial state of repair and condition and ensuring that all services to, from and in the Property are operable, including but not limited to any chimneys, air vents and flues being regularly cleaned and maintained.

xi.

complying with all best practice guides we make available to you whether online, in the Online Owner Account, or in print, including, without limitation, in the Owner Handbook.

xii.

informing us if any changes are made to the Property which would make the description of the Property on any one of the Travel Chapter Group′s Websites inaccurate or misleading.

xiii.

ensuring that at no time and under no circumstances whatsoever will you or any associated person act in a way which is abusive, violent, destructive, menacing, or harassing towards any Client or Guest, or any employee, director or consultant of the Travel Chapter Group or any other party acting on behalf of the Travel Chapter Group.

xiiv.

complying with all relevant statutory regulations and guidance (whether of the United Kingdom or elsewhere), including, but not limited to:

i.

confirming that all electrical and gas installations, equipment (including swimming pools and hot tubs) and appliances are and will be regularly checked and maintained, in accordance with the Health & Safety Executives recommendations for the same;

ii.

the Furniture & Furnishing (Fire) (Safety) Regulations 1988;

iii.

the Food Safety Act 1990, if any meals or food are to be produced and/or provided to any Clients and/or Guests by you; and if so that you have completed the relevant Food Hygiene Course, and a pass certificate obtained;

iv.

the Town and Country Planning Act 1990;

v.

the Building Act 1984; and

vi.

the Privacy and Data Protection Requirements.

4. Owner Confirmations

a)

they are either the only person with an interest in the Property or they are authorised to enter into the Agreement on behalf of themselves and/or every other person with an interest in the Property, and that each and every person with an interest in the Property is aware of the terms of the Agreement and agrees to be bound by them;

b)

there are no restrictions (including without limitation planning restrictions or restrictions on the Property registered title or deeds) which will, or could (in their reasonable opinion) prevent the Property being offered under the terms of this Agreement to Clients and/or Guests for the purpose of holiday rentals;

c)

they, and each person with an interest in the Property, understand that any rental projections made by the Travel Chapter Group, third party agents, or otherwise, in respect of the Property are illustrative only and cannot be relied upon as any statement or representation of fact, nor can they be shared with any person or entity without our prior written consent;

d)

in no circumstances will they or any other person, let the Property themselves at a price that is less than the price advertised (including any booking fee) for the relevant period on any of the Travel Chapter Group′s Websites;

e)

if the Property is marketed for sale you will notify us immediately and you agree there will be no “For Sale” sign displayed outside the Property and viewings will only be carried out when the Property is not let to Clients and/or Guests;

f)

all information provided to us in relation to the Property and its surrounding locality and amenities is correct to the best of their knowledge and belief;

g)

neither they, nor any other person with an interest in the Property, will use, copy or store any photos taken by or on behalf of the Travel Chapter Group or use or copy any other Intellectual Property Rights belonging to the Travel Chapter Group for any purpose whatsoever; and

h)

neither they, nor any other person with an interest in the Property, will during the term of the Agreement advertise or otherwise market the Property with the same or similar name as used by the Travel Chapter Group during the term of this Agreement.

5. Agency Arrangement

a)

You acknowledge that in entering into any lettings of the Property, we act as your agent and all contracts for lettings are between the Client/Guests and you, the Owner.

b)

You acknowledge and agree that we can accept bookings for the Property (as your agent) without contacting you first.

c)

You agree that you will at all times keep us fully indemnified for any action we take in our capacity as your agent and that you will not hold us liable for any loss or damage caused at the Property in any way whatsoever by the carelessness, negligence or dishonesty of the Client and/or Guest(s).

d)

You will also indemnify us against all claims that may arise out of any injury, loss or damage suffered by the Client, Guest(s) and/or any third party (including but not limited to legal fees and costs incurred) resulting from:

i.

any breach by you of this Agreement including, but not limited to, any act, neglect or default by you or your agents (other than the Travel Chapter) in respect of the Property;

ii.

holiday bookings for the Property being cancelled by you, or being cancelled by you, us or the Client due to your Property being withdrawn from our websites or being otherwise unavailable; and/or.

iii.

us acting with reasonable care and skill within the scope of our authority under the Agreement.

6. Withdrawing Your Property

a)

If your Property is due to withdraw (whether you have served notice or otherwise) we can contact all and any Clients and/or Guests that have bookings due to take place after our agreement is due to end, to let them know. You agree that any such Client and/or Guests may cancel their booking at no cost or recourse to you (and for the avoidance of doubt you shall have no recourse to us in respect of such cancelled booking) if they choose to do so.

b)

If your Property is due to withdraw and your Client(s) haven′t cancelled their bookings as a result, you will have to honour all bookings we have taken on your behalf before your agreement is terminated, even if those bookings are due to take place after your agreement is terminated. That is because when we take bookings on your behalf you are entering into a separate legally binding contract with the Client. The termination of your agreement with us does not affect that contract you have with the Client. We agree that we will continue to administer any such bookings as if the Agreement had not been terminated.

c)

If you withdraw your Property prior to the end of the required notice period you will be required to pay us a £500 plus VAT withdrawal fee.

d)

If you make any Owner Bookings once you have served notice to us and those Owner Bookings exceed your allowance you will also be required to pay us commission for each Owner Booking as normal, unless we agree with you otherwise.

7. Owner Cancellations and Property Matters

a)

If you cancel any Client bookings or Client bookings are cancelled due to (i) the withdrawal of your Property, (ii) your Property becoming uninhabitable or unavailable for any reason whatsoever or (iii) we become aware of health and safety issues or quality issues (including repeated complaints about the Property), then you agree that we can (on your behalf) make a full refund to the Client of all monies they have paid and that you will pay the Client any additional compensation (if required). You also agree to pay us our commission and an administration fee of £25 in respect of each cancelled booking.

8. Client Cancellations

a)

In the event that the Client cancels a confirmed letting before the balance of money due in respect of the holiday is paid, we will attempt, but be under no obligation, to re-let the Property.

b)

If the Property is not re-let we will pay you any monies received from, and that are not refunded to, the Client for the letting, less our commission and any applicable charges in accordance with the terms of the Agreement, and also less any booking fees, costs in respect of any cancellation insurance cover paid by the Client and any other consequential costs and losses.

c)

We will not be required to pay you any money in respect of the cancelled booking if the Property is not available for re-let up to the start of the holiday date, and any such payment will not be more than 100% of the amount that would be payable to you (after payment of our commission and any other applicable fees) for one confirmed letting during such period.

d)

If a client is due a full or partial refund and we have already paid you in respect of that booking, you agree to either return the applicable amount to us immediately or that we can deduct an equivalent amount from future payments due to you.

9. Property visits

During the period of the Agreement you will allow an authorised representative of the Travel Chapter Group to visit and enter the Property at all reasonable times, and at any times in the case of emergency.

10. Complaints

In the event of there being a complaint by a Client concerning a Property, you will do your best to resolve the complaint both promptly and politely. If you cannot resolve the complaint you should let us know the nature of the complaint at which point we can:

a)

take whatever action (including remedial action) we consider reasonable in the circumstances and our decision will be final and binding upon you. For the avoidance of doubt, this may include (but is not limited to) a requirement that you refund the full cost of the letting to the Client and potentially pay additional compensation if reasonable in the circumstances; or

b)

refer the complaint to an independent third party for final determination which will be binding upon you; and

c)

you agree to pay us any costs or expenses in dealing with the complaint or making payments to the Client on your behalf.

11. Variation

a)

We will not be entitled to make any variation to the rate of commission, Owner Bookings or the termination rights without your consent.

b)

Subject to clause 11 (a), we can make any other amendment to the Agreement (including for the avoidance of doubt these Standard Letting Terms, and the Booking Terms) without your consent (but acting reasonably). We will advise you, via the Online Owner Account, by email and/or by post, as soon as we can of any material changes proposed to the terms of the Agreement or the Booking Terms.

12. Termination by Us

a)

We may terminate the Agreement at any time by giving you 6 months′ written notice.

b)

If we consider that you have failed to comply with any of the terms of the Agreement we shall notify you in writing of any such defects and/or breach of contract and grant you 28 days in which to remedy the same. Should you fail to comply with that notice we will be entitled to terminate the Agreement immediately.

13. Unauthorised Owner Bookings

If you make an Owner Booking for any reason (including if your Property is withdrawing) otherwise than in accordance with the terms of the Agreement (whether a charge is made by you or not) you will pay us our commission for those bookings as if they were bookings made for a Client at the applicable accommodation price for the Property, as detailed on our websites for such period(s).

14. Data Protection

a)

Each party warrants to the other that it will store and/or process any data provided by or to the Travel Chapter Group, the Owner, the Client and/or Guests (as applicable) in compliance with the Privacy and Data Protection Requirements.

b)

You acknowledge and agree that the Travel Chapter Group may store and/or process your, Client′s and/or Guests′ data (including but not limited to providing your details to the Client and/or Guests) to allow any member of the Travel Chapter Group to perform the terms of the Agreement and/or as reasonably necessary in the legitimate interests of the Travel Chapter Group.

c)

You agree to the Travel Chapter Group storing and processing data provided by you (and the Client and/or Guests) for legal, administrative, management and marketing purposes, including, but not limited to, providing such data to carefully selected partners, suppliers and associated companies for the purposes of sending information about goods and services which the Travel Chapter considers may be of interest to you, Clients and/or Guests.

15. Intellectual Property

a)

All Intellectual Property Rights in or arising out of or in connection with the Agreement, including but not limited to those in connection with any of the Travel Chapter Group′s Websites, shall be owned by the relevant member of the Travel Chapter Group, and you accept that:

i.

you are permitted to use such Intellectual Property Rights only for the purposes of and during the term of the Agreement and only as authorised by Travel Chapter hereunder;

ii.

other than to that extent, you shall have no right to use or to allow others to use the Intellectual Property Rights or any part of them;

iii.

you shall not use any trademarks, trade names or get-up which resemble the Travel Chapter Group′s trademarks, trade names or get-up and which would therefore be likely to confuse or mislead the public or any section of the public; and

iv.

you shall not do or omit to do, or authorise any third party to do or to omit to do, anything which could invalidate or be inconsistent with the Intellectual Property Rights.

b)

You acknowledge and agree that, in respect of any third party Intellectual Property Rights in any material provided by you for the purposes of the Agreement, Travel Chapter Group′s use of any such Intellectual Property Rights is conditional on you having obtained a written licence from the relevant licensor on such terms as will entitle the relevant member of the Travel Chapter Group to use the same for the purposes of the Agreement.

16. Limit of Liability – Your attention is particularly drawn to this clause

a)

Nothing in the Agreement shall limit or exclude the Travel Chapter Group′s liability for:

i.

death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

ii.

fraud or fraudulent misrepresentation;

b)

Subject to clause 16 (a), no member of the Travel Chapter Group shall 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 loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, loss of data or information, loss of damage to goodwill, and/or any indirect or consequential loss.

c)

Subject to clause 16 (a), the Travel Chapter Group′s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to the commission paid to us in respect of the Property in the preceding 12 months.

17. Governing Law and Jurisdiction

a)

The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the laws of England and Wales.

b)

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.

18. Confidentiality

a)

Each party undertakes that, except with the consent of the other party, it shall not at any time disclose to any person the terms of this Agreement except:

i.

to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party′s obligations under the Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party′s information comply with this clause 18; or

ii.

as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority

19. Third Party Rights Act

No one other than a party to the Agreement shall have any right to enforce any of its terms.

20. Rights of assignment

You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Agreement.

21. Defined Terms

a)

"Agreement" means the Key Terms and any other document referred to therein including without limitation the Standard Letting Terms and the Booking Terms.

b)

"Booking Terms" means our standard booking terms and conditions from time to time which can be found at holidaycottages.co.uk/full-booking-terms.

c)

"Client" means the lead booker making the booking at your Property.

d)

"Guests" means any guest of the Client staying at your Property.

e)

"Intellectual Property Rights" means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.

f)

"Off-Season" means the “Off-Peak Season” as identified on the availability calendar in the Online Owner Account from time to time.

g)

"Online Owner Account" means the owner account accessible at owners.travelchapter.com or such other account as notified from time to time.

h)

"Owner Booking" means a booking at the Property which you make yourself.

i)

"Peak Season" means the “Peak Season” as identified on the availability calendar in the Online Owner Account from time to time.

j)

"Privacy and Data Protection Requirements" means the Data Protection Act 2018, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction.

k)

"Property" means the Property we market as your agent and where we market more than one Property for you every reference to a Property includes each Property we market for you.

l)

"Travel Chapter", “us” or “we” means the Travel Chapter Limited (company number 2431506).

m)

"Travel Chapter Group" means the Travel Chapter and any subsidiary or holding company of the Travel Chapter, and any subsidiary of any such holding company for the time being.

n)

"Travel Chapter Group′s Websites" means all and any websites operated by the Travel Chapter Group including but not limited to holidaycottages.co.uk.

l)

"you" or "the Owner" means the person who entered into the contract under which we market the Property.