Owner's - Terms and Conditions

Introduction

Your Cottage runs and maintains the Website. The parties agree that Your Cottage will advertise the Property on the Website in return for the Booking Commission.

Definitions

Booking Commission is calculated at 10% inc. VAT of the Full Rental Price;

Bookings means the reservation of the Property by a Guest as accepted and facilitated by Your Cottage;

Full Rental Price is the total price paid by Guests to the Owner for the rental of the Property, this price to be determined by the Owner alone;

Guests means those people who make Bookings for the Property through Your Cottage;

Property means all accommodation listed in the Schedule to this agreement;

Your Cottage means the Kingfisher Barn Ltd, trading as Your Cottage, registered in England and Wales under number 2689174 whose registered office is at Kingfisher Barn, Rye Farm, Abingdon, Oxon, OX14 3NN;

Website means www.your-cottage.co.uk.

Your Cottage Calendar means the online diary provided by Your Cottage to the Owner which records the dates for which the Property is available for Bookings.

Obligations and Responsibilities of the Owner

The Owner authorises Your Cottage to advertise the Property on the Website and to accept Bookings for the Property.

The Owner warrants to Your Cottage that it owns or has the right to exclusive occupation of the Property and that it is entitled to offer the Property for rental.

The Owner agrees to keep Your Cottage fully up to date with bookings taken by themselves and with dates on which the Property is unavailable to book for whatever reason and to keep the Your Cottage Calendar for the Property up to date at all times.

The Owner will supply Your Cottage with accurate and up to date information on the Property to allow Your Cottage to advertise and book the Property in a professional and effective way. The Owner acknowledges that Your Cottage has not visited the Property and is reliant on the Owner's description of the Property.

The Owner must own the copyright of any photographs or images of the Property supplied to Your Cottage and the Owner authorizes Your Cottage to use the photographs or images on the Website.

The Owner will ensure that the Property is available to Guests as described on the Website.

The Owner recognizes that Your Cottage may also facilitate the booking of other properties that may compete with the Bookings of the Owner's Property. The Owner acknowledges that no commitment is given as to the number of Bookings that will be taken by Your Cottage via the Website nor as to the level of promotion of the Owner's Property compared to the promotion of the properties of other individuals who have entered into agreements similar to this one with Your Cottage.

The Owner will fulfill the rental of the Property in accordance with the standard Terms and Conditions of Hire stated on the Your Cottage website.

The Owner will honour any Bookings for the Property made by Your Cottage. If the Owner sells the Property, the Owner will ensure that the purchaser of the Property will honour any Bookings.

The Owner will deal with Guests in a professional manner at all times, including when dealing with complaints.

The Owner will comply with all legislation required by law for self-catering holiday and bed and breakfast accommodation.

The Owner will insure the Property for the use of the Property by Guests and the Owner will take out insurance against claims brought by Guests for personal injury, death, loss or damages. The Owner will provide Your Cottage with copies of the certificates of insurance on request.

Obligations and Responsibilities of Your Cottage

Your Cottage will advertise the Owner's Property on the Website and take Bookings for the Property for the Owner.

Your Cottage will at all times keep the Your Cottage Calendar up to date with Bookings made by Guests.

Your Cottage will make clear to Guests that Bookings for the Property are made subject to the Terms and Conditions of Your Cottage as described on the website.

Details of Prices set out on the Website

Your Cottage will advertise the Full Rental Price specified by the Owner on the Website, as well as any additional charges which may be incurred by Guests. All prices specified by the Owner must also be stated to be inclusive of VAT.

The Owner must provide Your Cottage with details of the Full Rental Price and of any additional charges which may be incurred. The Owner must give Your Cottage one month's written notice of any changes to the Full Rental Price or to additional charges. Any Bookings accepted before the price changes take effect will be honoured by the Owner and Your Cottage.

Bookings

Your Cottage shall notify the Owner by email as soon as a Booking is made via the Website for the Owner's Property. The Owner shall confirm receipt of notification of the Booking within 24 hours of the notification.

If a Guest reserves the Property within 56 days of the start date of the Guest's stay at the Property, he will be required to pay the Full Rental Price to Your Cottage at the time of Booking. Your Cottage will as soon as practicable, arrange payment by Electronic Bank Transfer to the Owner for the Full Rental Price less the Booking Commission.

If for any reason the Owner is unable to make available the Property to a Guest during the period for which the Guest has made a Booking, the Owner will notify the Guest immediately in writing by first class post and by telephone or by means of email if this is possible. The Owner will send a copy of the letter to Your Cottage immediately, and will contact Your Cottage by telephone immediately to inform Your Cottage of the situation. If the Owner is unable to offer the Guest alternative accommodation of at least the same standard as the Property booked by the Guest, or if the Guest does not approve of the alternative accommodation, the Owner shall refund the Full Rental Price to the Guest. In such circumstances, Your Cottage will be entitled to retain the Booking Commission.

Your Cottage and the Owner will keep records of all Bookings made directly or indirectly through the Website and will make these records available to the other party on request.

Booking Commission

Your Cottage will be entitled to the Booking Commission in respect of each Booking taken directly via the Website. This excludes the bookings made by the Owner.

If the Owner is unable to accept a Booking for reasons other than a direct action or omission of Your Cottage, the Booking Commission will still be payable.

Liability

Your Cottage shall have no liability to the Owner for any direct or indirect, special or consequential loss of the Owner arising out of or in connection with advertising on the Website and Bookings taken via the Website caused by circumstances outside the control of Your Cottage. Your Cottage will indemnify the Owner for any loss or damage for personal injury or death caused to any person by any act or omission of Your Cottage in connection with this agreement. The total liability of Your Cottage to the Owner in respect of any individual Booking shall not in any case exceed the Booking Commission.

The Owner indemnifies and will keep Your Cottage indemnified against any liability arising from any breach or alleged breach of this agreement.

If Your Cottage Becomes aware of any circumstances that may give rise to a claim, Your Cottage will inform the Owner of these circumstances as soon as possible.

Term

The term of the agreement will be 12 months from the date of agreeing to these terms and conditions of this agreement and joining, unless otherwise stated.

Termination of the agreement

This agreement may be terminated by either party serving one month's written notice on the other.

Your Cottage may terminate this agreement by serving written notice on the Owner if:

  • There is any reasonable cause for concern by Your Cottage over the conduct of the Owner or the Owner's staff
  • There is any reasonable cause for concern by Your Cottage over the standard of the Property
  • The Owner goes into receivership
  • The Owner has a bankruptcy petition presented against him

The Owner may terminate this agreement by serving written notice on Your Cottage if Your Cottage is subject to an administration order or goes into administration.

Either party may terminate this agreement by serving written notice on the other if the other party breaches one of the terms of this agreement where that breach being capable of remedy and the breach is not remedied within fourteen days of the date of the breach, Following termination of this agreement for any reason, the provisions of this agreement shall remain in full force and effect in relation to all Bookings taken before the date of the termination, and any rights or obligations which accrued prior to termination shall subsist.

General

Your Cottage and the Owner agree that any legal procedures will be subject to the jurisdiction of the Courts of England and Wales.

This agreement is the entire agreement between Your Cottage and the Owner. No change, amendments or modifications of any provision of this agreement shall be valid unless in writing and signed by both parties.

The failure of either party to exercise a right provided herein shall not constitute a waiver of it.

Any notice between the parties shall be sent by prepaid special delivery to the address on this agreement and will be deemed to have been received 72 hours after posting.

For the purpose of the Contracts (Rights of Third Parties) Act 1999, it is agreed that nothing in this agreement shall confer on any third party any right to enforce or enjoy the benefit of any term of this agreement.

The Owner acknowledges that by entering into this agreement he does not do so on the basis of and does not rely on any representation, warranty or other provision except what is expressly provided herein and all conditions, warranties or other terms applied by statute or common law are excluded to the fullest extent permitted by law.

Neither party will disclose to any third party any information supplied to or obtained by them about the other. On termination of the agreement any information deemed to be confidential by one party must be returned to the other on request.