1. THE AGREEMENT
1.1 The Agreement sets out the terms on which we provide you with managed services in respect of your Property. By entering into the Agreement you also agree to our Website Terms which you can find at www.bnb-travel.com Your ongoing instruction of us signifies your continued acceptance of the terms of the Agreement. It is important that you read the Agreement carefully before accepting it.
1.2 As your agent we will form binding agreements by way of a license between you and Guests who agree to let the property on a short-term license occupy a basis. You will contract directly with each Guest pursuant to the Occupation Agreement. You agree that any booking which is made through us will be made on the terms of such Occupation Agreement which is a binding contract between you and the Guest for a license to occupy the Property on the agreed dates.
2.1 THE FOLLOWING DEFINITIONS APPLY TO THE AGREEMENT:
2.1.1 Additional Guest Fees means fees paid by Guests to the Agent for Guest Services.
2.1.2 Agreement means this agreement.
2.1.3 Available Night means a night on which a guest is able to book at least seven days in advance, and which remains
available throughout the time of the stay and is visible to BNB Travel™ at the end of the year.
2.1.4 Booking means any agreement between a Host and a Guest or other party for the occupation of the Property.
2.1.5 Booking Fee means the fee paid by the Guest for the occupation of the Property but excluding any Additional Guest Fees.
2.1.6 Fixed Fee means the rate fixed for the occupation of the Property for a specified period during which the Property is occupied by a Guest.
2.1.7 Guest means the Guest(s) listed in the Booking.
2.1.8 Guest Services means services ancillary to the Booking provided by the Agent to Guests under a separate arrangement.
2.1.9 Guidelines mean practical advice issued by the Agent to the Host from time to time.
2.1.10 Host means the person who has advertised a property.
2.1.11 Occupation Agreement means a contract for the occupation of the Property between a Guest and Host made as a
result of a Booking. A copy of the occupation agreement is set out on our Website.
2.1.12 Website means www.bnb-travel.com
3. YOUR PROMISES
3.1 You warrant that: 3.1.1 You own the Property or are authorized to license or let the property on a short-term basis and to enter into the Agreement and Occupation Agreements.
3.1.2 You have all necessary consents and permissions to license or let the property including necessary consents under your lease, mortgage, or insurance company if appliable.
3.1.3 You are entitled to license or let the Property under your local laws for the period of each Booking. It is your responsibility to ensure that you are entitled to license or let your Property as contemplated under the Agreement. For example, Greater London has a planning restriction that affects short-term rentals. In most cases, it’s considered a “change of use” to use your residential premises as temporary sleeping accommodation. The Deregulation Act of 2015 introduced an exception that allows you to use residential premises for temporary sleeping accommodation without being considered a “change of use” if you use the property as a short-term rental for 90 or fewer nights in a calendar year, which is known as the “90-night rule”.
3.1.4 The Property is well maintained in good condition and fully functional.
3.1.5 Has valid and appropriate insurance in place (including insurers being aware of the rental of the property for short-
3.1.6 Meets all local health and safety legal requirements to have a guest stay.
3.2 At our discretion, we may request information and/or documents to satisfy ourselves of your ownership of the Property and/or your identity. Such a request does not relieve you of your obligations under paragraph 3.3.
3.3 You will notify us of any change in the ownership or permissions or consents applicable to the Property which might undermine the promises given to us in the Agreement.
4. FURTHER OBLIGATIONS
4.1 You will:
4.1.1 Act in a timely fashion in replying to potential Bookings and in providing us with dates when the Property will or will not be available for Bookings;
4.1.2 Inform us if you are registered (or become registered) for VAT for the purposes of renting the Property and provide any details which we may need from time to time for accounting purposes. All payments will be inclusive of VAT;
4.1.3 Pay any costs associated with additional cleaning that we might reasonably consider necessary if the Property is not an insufficiently clean and tidy condition at the outset of a Guest stay;
4.1.4 Pay for any costs or charges we might consider it reasonably necessary for you to pay for maintenance or repair (including to security and alarm systems) to the Property during a Guest stay;
4.1.5 Keep the Property to the same decorative standard and condition as it was when any advertising photographs were taken and make good, repair, or replace any old or damaged items or items
4.1.6 Keep the Property clean and hygienic;
4.1.7 Not permit smoking or pets at the property unless previously agreed with us;
4.1.8 Keep in good repair and working order all appliances, plumbing, mechanical and electrical equipment;
4.1.9 Inform us if you become a non-resident landlord for taxation purposes; and
4.1.10 Have regard to any Guidelines we may issue from time to time;
4.1.11 Ensure the Property is safe and you are in compliance with all Health and Safety regulations as set out below; and
4.1.12 Ensure it complies with the SuperHog terms and conditions especially in relation to loss or damage where this is a result of wear and tear or due to existing issues. Any misrepresentation by the Host will also not be covered. Please contact us for a full copy of the terms and conditions of SuperHog.
5. ACTING ON YOUR BEHALF
5.1 You appoint us as your agent and authorize us to act on your behalf to market the Property through the Website and other channels, to secure Bookings, and to form Occupation Agreements between you and Guests who wish to rent the property on a short-term basis. Please note that you will be bound by the terms of the Occupation Agreements directly.
5.2 You appoint us as your exclusive agent to act on your behalf for short-term lettings and licenses of the Property and you will not appoint any other person to arrange short-term lettings or licenses of the Property for you unless we specifically agree otherwise. If the Property is marketed by any other party for sale or letting (whether on a short-term basis or otherwise), you must tell us immediately.
6. MANAGED SERVICE
6.1 We will:
6.1.1 market the Property through the Website and other third-party channels;
6.1.2 respond to initial Guest inquiries;
6.1.3 answer Guest queries, meet Guests upon arrival, and organize the departure of Guests;
6.1.4 confirm Bookings in line with the Availability of the Property as specified by you using the online calendar facility on
the Website, or otherwise communicated to us by email or telephone;
6.1.5 arrange the taking of credit card authorizations, deposits, and other guarantees for security deposit purposes;
6.1.6 organize a photographic of the Property;
6.1.7 arrange repairs during Guest stay where these are necessary for the enjoyment of the Property by Guests and subject to paragraph 7.5 below in relation to the costs of such repairs;
6.1.8 collect payment from Guests of the Booking Fee;
6.1.9 arrange cleaning of the Property prior to and after each Guest stay;
6.1.10 provide clean towels and linen for Guests; and
6.1.11 deals with any administrative work relating to the Guest’s stay.
7.1 We will offer you a fee which is a rate fixed for a specified period during which the Property is occupied by a Guest. This fee will be either a fixed fee or a commission-based fee. We will retain any monies paid by the Guests in excess of the agreed Fee with you and any other fees payable by the Guest to us.
7.2 We aim to maximize the occupancy of your property and provide the greatest rate of occupancy for you. As such, where available nights remain unsold less than four weeks from the start of the Availability Period, we will, at our sole discretion, discount the Booking Fee paid by the Guest and reduce your Fee for this booking rather than leaving the nights unsold.
7.3 It is in both party’s interests to secure long stay bookings for your property. To encourage this, we will, at our sole discretion, offer promotional rates to guests or corporate clients for stays of more than 28 days.
7.4 From time to time, for certain dates and promotional periods, we may suggest alternative fee arrangements. We will notify you in advance, via email, and if we do not hear back from you within 5 working days, we will regard these proposed fee arrangements as agreed, for the specified dates only.
7.5 If it is necessary to undertake additional work, such as cleaning (other than the standard pre-stay cleaning), moving furniture or equipment, or repairs and this additional work results from a failure by you to meet your obligations under the Agreement, we reserve the right to charge you for that additional work at a rate at our current cleaning rates. If we believe that in excess of ten hours of such additional work is required we will, where practicable, inform you in advance to enable you to make alternative arrangements. Any fees for such additional work will be deducted from the Fixed Fee before this is paid to you.
8.1 We may prepare photographs and descriptions of the Property on your behalf or we may ask another party to carry out this work. We will send the photographs and descriptions to you for you to check that they are a fair and accurate representation of the Property. It is your responsibility to ensure the accuracy of photographs or descriptions we provide and you agree to compensate us for any loss or damage we might suffer as a result of your failure to notify us of any misleading statement, inaccuracy, or error in a description or photograph. We will have no liability to you for any misleading statement, inaccuracy, or error as long as we have provided you with a reasonable opportunity to check the photographs and descriptions we have used.
8.2 Photographs or descriptions provided by us are our intellectual property and we are free to use them for any reasonable purpose. Where you have provided us with photographs and descriptions, you grant us permission to use them for the purpose of marketing the property on our website and through booking platforms and third-party providers.
8.3 You will notify us of any change in the condition of the Property which would affect its suitability or desirability for rental (whether for the worse or the better). If any items, described or shown in the Property description or photographs, will not be present or operational during a Guest stay and this will have a reasonable impact on a Guest stay, you will notify us as soon as
9.1 We will account to you on a periodic basis and will pay you for any Guest stay on or around the 12th of the month following the completion of the Guest’s stay at your property. Any costs, fees, or expenses we have incurred on your behalf in performing our obligations under the Agreement, or for any additional work you have asked us to complete or which we have otherwise deemed necessary, or charges or amounts withheld for taxation purposes will be deducted before payment in all cases.
9.2 Any costs or refunds which we deem necessary, in our sole discretion, as a result of having to put right any defects caused by your failing to keep to your obligations under the Agreement or your negligence, or affecting the smooth running of the Guest stay, will also be deducted from the payment to you.
9.3 We will not make any payment to you of any sum until we have received the Booking Fee from the Guest in cleared funds.
9.4 We are entitled to deduct from any money we hold on your behalf any monies you owe to us even if the money we are holding relates to a different property.
9.5 Payment terms are subject to paragraph 17 dealing with Cancellation.
10. BOOKING PROCEDURE
10.1 You will provide us with the dates that the Property is definitely available for Guests to stay and dates when it is definitely not available for Guests to stay using the online calendar facility on the Website, or otherwise communicated to us by email or telephone. This will set the Property’s calendar on the Website to either ‘Available’, ‘Unavailable’ or ‘On Request’. The Property will be listed as ‘Available’ for the dates for which you have informed us that it has definite Availability. The calendar will be set as ‘Unavailable’ for dates which you have informed us that the Property is not available for occupation by Guests and for dates for which we have obtained Bookings. You will be able to amend the Property’s Availability status using the Website. However, once a booking has been confirmed, the calendar will be changed to “Unavailable” and you will not be able to change the Property’s status using the online calendar facility.
10.2 It is your responsibility to check the status of the Property on the Website and to keep its status up to date. We will not be liable for any loss or damage you may suffer and you will keep us fully insured against any losses we might suffer caused by your failure to promptly update the status of the Property on the Website.
10.3 For periods that you have described the Property as ‘Available’, we will accept a Booking on your behalf without consulting with or seeking any confirmation from you. This includes taking bookings which can be last minute where your home is described as “Available”. Upon confirming the booking with the Guest, we will email you details of the Guest’s stay. It is therefore important your calendar is kept up to date as any nights marked “Available” can be booked.
10.4 For periods that your Property is described as ‘On Request’, we will contact you, by email, text, or telephone to offer you a Guest Booking. It is your responsibility to ensure that we are kept updated as to your contact details and preferred method of communication.
10.5 We are not liable for any loss you might suffer as a result of your losing a Booking due to your failure to respond to an offer of a Booking when a Property is listed as ‘On Request’ or due to a Guest withdrawing a Booking request before confirmation, irrespective of the reason.
10.6 We will not accept any Booking for any period where you have described the Property as ‘Unavailable’ without your consent.
10.7 Our Holiday will along with a third-party provider, carry out vetting of Guests prior to the start of the Stay. However, we will be unable to disclose information that may be considered a protected characteristic and a booking may not be accepted or refused on the basis of protected characteristics. You agree to keep the property clean and tidy and to make sure appliances etc work properly. You agree to make sure that guests will have access to amenities you would reasonably expect in a home, such as plates, glasses, cutlery, etc as well as having space for their clothes and personal items during their stay. If your property is excessively dirty, untidy, or run down, we may have to remedy this at your expense. You will keep utility payments up to date so that electricity etc is not cut-off. You need to give us four sets of keys to access your property. We will not normally advertise your home or accept bookings until you do so, which may mean you miss out on bookings. You will need to leave your home by 9 am on the day of the Guest’s arrival, and return after 6 pm on the day of the end of the Guest booking.
11. PREPARATION FOR GUEST STAY
11.1 Your Property is being marketed as a high-quality venue for holiday accommodation with all essentials supplied. Therefore, the Property should be presented clean and tidy to a high standard, with all fixtures, fittings, and appliances in good condition/working order.
11.2 You will ensure that the Property is reasonably equipped with amenities (including but not limited to crockery, cutlery, and glasses) and space (fridge, freezer, cupboard/wardrobe) for the maximum number of Guests that the Property is advertised for on the Website. For example, if the property is advertised on the Website as accommodating four Guests, you must ensure that the Property is reasonably equipped with amenities for four Guests regardless of the number of Guests listed in the Booking. If there are any additional requirements or alterations which it has been agreed will be provided in advance to Guests as a condition of the stay, these must be adhered to.
11.3 In the event your property is in a poor condition and requires time to clean or prepare, then we reserve the right to charge an additional fee for the extra work undertaken, as described in paragraph 7.5.
11.4 You are responsible for keeping up all regular service payments to enable an enjoyable Guest stay including gas, water, electricity, other fuel charges, council tax, television license, and any internet, cable, or satellite television, or another additional service (s) you have advertised.
11.5 We will determine with you the number of sets of keys and fobs/codes we require from you depending on the size of the property. You will provide us with additional sets of keys if reasonably required by us. Alternatively, we may cut these with your permission and you will be responsible for the cost. You will provide us with all necessary keys and fobs/codes to allow us access to (i) areas with boilers, meters, and similar equipment, and (ii) areas where you permit us to store your possessions and linens. We have the right, at our sole discretion, not to advertise the Property or accept Bookings until we have received the required number of sets of keys for your property and our standard practice will be to only make your property available for bookings once we are in possession of four sets of keys.
11.6 You will vacate your property by 9:00 am on the day of the Guest’s arrival and not return before 6:00 pm on the date of the Guest’s departure, unless alternative timings are agreed in writing with us.
12.1 Although we will carry out a photographic or video inventory prior to each Guest stay, this will only cover the main aspects of the Property and does not include a detailed inventory of the condition of the property, its fixtures, and fittings, and other items in the Property. You may wish to obtain a detailed inventory so that you can prove any loss or damage caused by a Guest. If you do not obtain an inventory you may find this difficult to achieve. If requested, we can instruct an independent firm on your behalf for drawing up an inventory, subject to you accepting responsibility for all charges. We cannot, however, accept liability for any error or omission on their part nor can we accept liability for any damage caused by a Guest or any loss you might incur as a result of a Guest’s actions unless the loss is caused by our negligence.
13. SECURITY DAMAGE AND GUARANTEE
13.1 We will ensure that we together with a third-party vet all Guests which stay at the Property. Guest who makes a booking will be required to verify their ID and submit information to SuperHog to ensure the guest is verified.
13.2 We will carry out an inspection of the property and notify you of any damage we observe. This inspection will be visual only and we will not be liable for any failure to report damage that is concealed and not apparent on a brief visual inspection.
13.3 You must contact us ideally within 7 days after the Guest has departed the Property to inform us of any amount you wish to claim from the Guest. Following 20 days, we will not be able to cover you for any Guest damage. You must tell us the precise amount you wish to claim, the reason for the claim, provide some form of evidence of the damage (photographic or otherwise), and describe the method you have used to calculate the sum owed.
13.4 You should expect reasonable wear and tear. Please note that Superhog will not accept claims for such reasonable wear and tear or for the use of utilities.
13.5 In order to correctly assess and confirm the amount of damage, we may require you to provide independent quotations from three separate contractors. Where we consider your claim to be unreasonable or the Guest contests the claim with a response that Superhog considers to be reasonable then no payment for Guest damage will be made to you. Superhot will have sole discretion to decide whether your claim is reasonable or whether a Guest’s response is adequate and we will accept no liability to you for any loss or damage you suffer as a result of this decision.
14. HEALTH AND SAFETY
14.1 It is your responsibility to ensure the property complies with all relevant health and safety regulations, for example, and in particular: 14.1.1 to ensure that gas appliances are properly and regularly maintained; 14.1.2 furniture is appropriately fire retardant; 14.1.3 electrical appliances and outlets are safe; 14.1.4 smoke and carbon monoxide alarms are installed; and 14.1.5 that the Property is safe and fit for occupation generally.
15. HOST GUARANTEE
15.1 You should make certain the Property and its contents are adequately insured at all times. Please ensure that your home insurance policy is not prejudiced or invalidated by letting or licensing your Property. You are responsible for obtaining any permission for a letting or licensing and paying any associated costs. We accept no liability for any loss to you caused by a refusal of your insurer to provide cover or to meet a claim unless this is caused by our negligence.
15.2 We will provide you with the SuperHog Host Guarantee supplied by www.superhog.com following a property verification, Superhog will reimburse you up to $1,000,000 for liability. This is subject to terms and conditions set out by SuperHog which includes a maximum of $100,000 for contents. This is subject to a number of exemptions which include valuables and only applies during a Guest’s stay. Please refer to the SuperHog Terms and Conditions for full details a copy of which can be obtained from us.
16.1 We advise you to declare any income you receive. We may be required to inform IRS of the income you have received as a result of Guests staying on your Property.
16.2 If you are a resident outside the United Kingdom you agree to ensure that you check whether you are required to obtain a waiver from the IRS Residency team. If you do not obtain such a waiver, then you agree to compensate us in the event of any obligation being imposed on us by IRS to pay tax on your behalf and/or any fine or other penalty being levied against us as a result. We may withhold a portion of any amounts payable to you if required by IRS or tax law.
17.1 Cancellation by Guest prior to arrival at the Property: In the event, a Guest cancels prior to arrival at the Property, we will (at our sole discretion) determine the cancellation terms that apply. You may then (provided that the cancellation does not arise from your negligent or willful act or omission) receive the same proportion of funds we have retained from the Guest as the proportion of total fees you would have received had the Booking proceeded as normal.
17.2 Cancellation by Guest due to dissatisfaction with the Property: In the event that Guest proceeds to check-in, is not satisfied with the Property and departs early, and the Guest’s dissatisfaction is caused by you failing to keep to your obligations under the Agreement, then the Guest may receive a full or partial refund. Any decision to refund the Guest in full will be at our discretion. If any amount is paid by the Guest, we may pass a reasonable proportion of this amount to you (less any amounts due to us as a result of your failure to keep to your obligations under the Agreement). In addition, should a Guest be dissatisfied with your Property, even if you are not in breach of the Agreement, we may still provide the Guest with a full refund and you acknowledge that you will not receive the Fixed Fee in such circumstances?
17.3 Chargeback: If a Guest issues a chargeback on their credit card in respect of a failure to check in on the first day of their Booking or for any other reason, we will take reasonable steps to recover such chargeback. In the event that we do not successfully recover such chargeback, you will reimburse us the full amount (if any) that was paid to you in respect of the Booking.
17.4 We have no liability for any losses you might incur as a result of a Guest canceling a Booking unless such cancellation occurs as a result of our negligence or our breach of the Agreement and any loss you might suffer must be recovered from the Guest on the basis of any agreement between you and the Guest.
17.5 Cancellation by the Host: You acknowledge that it is imperative for the operation of our business that Hosts honor the Bookings that are made. Should you cancel any Booking, for any reason, you agree to compensate us (under the terms of the Agreement) and the Guest (under the terms of the Occupation Agreement) for all associated costs, charges, damage, and liability which we or the Guest incur, including paying for alternative accommodation (of at least 4-star quality). You will also be liable for our further administrative costs of at least $500 per stay in finding an alternative property for the Guest at short notice (which may require us to accommodate the Guests in a hotel) and damage to our reputation at a minimum of $1,500 (including VAT) per stay. You may also be liable to the Guest, without prejudice to your obligations under the Occupation Agreement, in the event that we, without obligation, help the Guest to mitigate their loss by finding the Guest an alternative property and agree to pay us on behalf of the Guest in respect of such liability as to the Guest’s agent. We reserve the right to remove your Property from the Website should you cancel any Booking for reasons that we do not consider to be reasonable or should you cancel any Booking on more than one occasion.
17.6 Please note that you do not have the benefit of statutory cancellation rights or cooling-off periods.
18. LICENCE OR TENANCY WAIVERS
18.1 We will provide you with an Occupation Agreement suitable for the Guest’s occupation of the Property for the purposes of a holiday let (this is available on the Website) and you authorize us to enter into the Occupation Agreement with the Guest on your behalf. However, due to the law in the United States, we cannot guarantee that any such Occupation Agreement you enter into with the Guest will be a license and you may create a tenancy with the Guest. This will depend on the precise circumstances of each case and the specific intentions of the Guest during their stay. If you require further advice on the circumstances of your intended agreement with a specific Guest and the consequences of the grant of a license or tenancy, then you should seek your own legal advice. We can accept no liability for any loss or expense you might incur as a result of a court determining that a Guest has entered into a tenancy with you.
19.1 We may change the terms of the Agreement from time to time and will notify you of any such updates or revisions through a message displayed on the Website and/or by other means such as email. Your ongoing instruction of us shall be deemed to be your acceptance of such changes, except that if any such changes are to your detriment they shall not apply to any Booking which was made before the changes occurred.
20. TERM OF AGREEMENT AND TERMINATION
20.1 The Agreement is valid for a period of one year from the date on which your Property is listed on the Website. Following this, it will be renewed automatically subject to paragraph 20.2. If you continue to update the online calendar for your Property with available dates, or otherwise communicate them to us by email or telephone, then we will treat this as confirmation of the continuation of the Agreement.
20.2 Either party may terminate the Agreement at any time after the initial year, provided there are no outstanding Guest Bookings, by notifying the other party. Termination will take effect within three weeks of receipt of notification or after the last Guest Booking, whichever is the latter.
20.3 We may also terminate the Agreement in the circumstances set out in paragraph 17.5.
20.4 Joining Our Holiday is free. There is a cost to Our Holiday for bringing on your home, photographing it professionally, and marketing it throughout the year. However, we will not charge you for that when you join. By joining Our Holiday, you are committing to working with us for a minimum of 12 months, and for providing us with at least 28 nights of Availability in your first year. As such, if you decide to leave before the end of the minimum term, or do not provide us with at least 28 nights of Availability in that first year, you agree that Our Holiday will have to recoup the on-boarding costs for your home, and hence you agree to pay Our Holiday $500 within 30 days of the day of termination, or the end of your first year, whichever is sooner.
21. OTHER PARTIES
21.1 You give us consent to appoint other parties to perform part or all of our obligations under the Agreement.
22.1 Any notifications required under the Agreement shall be deemed properly served if sent by ordinary first class post or its equivalent, or hand-delivered to the ordinary residential address or last known address of the Host, or the registered office address of the Host if it is a business, or to the registered office address of the Agent, or sent by electronic mail to the email address notified to the Host by the Agent or the email address notified to the Agent by the Host. All notices will be deemed served the next working day after posting or hand delivery or the next working day if sent by email provided no return email is received notifying the sender of a delay or failure of delivery.
23.1 It is agreed between the parties that any Court proceedings relating to the Agreement shall be deemed properly issued if prepared in English only and sent by ordinary first-class post or its international equivalent.
24. COMPLAINTS AND DISPUTES
24.1 We will do our best to resolve any disputes under the Agreement. If you wish to take legal action, you must take such action in the United States and the laws of the United States shall apply.