Terms and Conditions of our booking and management services for short term serviced accommodation
These Terms and Conditions apply when Violet Group Ltd trading as Violet Homes (“Agent”) is appointed to handle bookings and to fully manage accommodation let on a short-term basis via Airbnb, eviivo or a similar website. These Terms and Conditions form the basis of the Owner’s contract with the Agent so please read them carefully before signing the Appointment Form.
means the agency period stated on the Appointment Form;
means the, Set-Up Charge, Management Charge, Turnaround Service Charge and any other charges payable by the Owner to the Agent including (but not limited to) charges levied by third parties on the Agent in respect of advertising or marketing the Accommodation (online or otherwise);
means all damages, liabilities, demands, costs, charges, expenses, fees, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, legal and other professional fees, cost and expenses, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation));
means the amount payable by the Owner in respect of the Agent’s management of the Accommodation;
means the owner of the Accommodation;
means the total amount due from a customer in respect of a booking of the Accommodation (excluding a Security Deposit);
“Turnaround Service Charge”
means the total amount due from the Owner in respect of the Turnaround Service.
2. Appointment of Agent
2.1 The Owner appoints the Agent to act as their agent in the promotion and marketing of the Accommodation, the taking of bookings for short-term lettings and the management of the Accommodation.
2.2 The Owner shall not during the Agency Period appoint any other person as the Owner’s agent for the purposes mentioned in Clause 2.1.
3. The Agent’s Duties
3.1 The Agent shall use its best endeavours to promote and market the Accommodation and to obtain bookings of the Accommodation for short-term lettings.
3.2 The Agent shall:
3.2.1 assist the Owner to prepare particulars of the Accommodation;
3.2.2 submit the particulars when approved by the Owner to websites including (but not necessarily limited to) Airbnb and violethomes.co.uk; and
3.2.3 provide limited, initial advice on compliance requirements such as insurance and health and safety (including gas, electricity and fire prevention and reducing the risks of accident or injury in the Accommodation). For the avoidance of doubt, the Agent does not represent itself as an expert in any compliance requirements. The Owner should obtain such further advice as it considers necessary from appropriately qualified professionals.
3.3 The Agent shall in relation to the Accommodation describe itself as the Owner’s agent.
3.4 If the Owner has purchased the Agent’s Turnaround Service then unless otherwise noted on the Appointment Form the Agent will provide the following at the Accommodation:
3.4.1 good quality bed linen;
3.4.2 good quality bath towels, hand towels, bath mats and tea towels; and
3.4.3 supplies of hair/body wash, and hand soap for use by guests;
3.5 The Agent shall:
3.5.1 take bookings for the Accommodation, receive payment from guests and correspond with guests before and after their stay;
3.5.2 be the sole point of contact for guests to report problems or raise queries about the Accommodation during their stay; and
3.5.3 provide guests with a telephone number they can call should they require assistance during their stay.
3.6 The Agent shall ensure that after each letting the Accommodation and contents are inspected and any damage or safety concerns are reported to the Owner. If the Owner has purchased the Turnaround Service the Agent shall also ensure that:
3.6.1 the Accommodation is thoroughly cleaned and tidied;
3.6.2 all bins are emptied and cleaned;
3.6.3 kitchen equipment is cleaned and put away tidily;
3.6.4 all used bed linens, bathroom towels and tea towels are removed;
3.6.5 the beds are made with clean bed linen provided by the Agent;
3.6.6 clean bathroom towels and tea towels are provided by the Agent;
3.6.7 fresh supplies of hair/body wash and hand soap are provided by the Agent; and
3.6.8 the Owner is notified if any minor items of maintenance are required including changing batteries and light bulbs.
3.7 The Agent shall ensure that the Accommodation and its fittings, fixtures and contents remain in good and safe condition throughout the Agency Period, and that the Accommodation remains in good decorative order. The Owner acknowledges that:
3.7.1 the Agent shall not be responsible for undertaking or organising any repairs, replacements or works at the Accommodation; but
3.7.2 the Agent may, at its absolute discretion, agree to organise repairs, replacements or works at the Accommodation where it believes that damage to the Accommodation may occur or that there may be a health and safety risk to any occupiers is such repairs, replacements or works are not undertaken. The Owner will be responsible for all costs (including those of the Agent) in respect of this.
3.8 The Agent shall notify the Owner of all bookings, enquiries and complaints it receives in relation to the Accommodation.
3.9 The Agent shall keep the Owner informed of conditions in the market and opportunities for the promotion and marketing of the Accommodation.
3.10 The Agent shall obtain and maintain in force during the Agency Period all licences, permits and approvals which are necessary or advisable for the performance of its duties under these Terms and Conditions.
3.11 Subject as provided in these Terms and Conditions and to any directions which the Owner may from time to time properly give, the Agent shall be entitled to perform its duties under these Terms and Conditions in such manner as it may think fit.
4.1 All lettings shall be made at such prices and on such terms as the Agent shall reasonably determine.
4.2 The Agent shall enter into booking contracts and receive payments on the Owner’s behalf.
5. Rights and Duties of the Owner
5.1 The Owner must make the Accommodation available during the Letting Periods and in particular:
5.1.1 the Owner must not deny access to the Accommodation to guests who have booked to occupy it; and
5.1.2 the Owner must not request the Agent to cancel any bookings that have been made by or on behalf of the Agent
5.2 The Owner shall be entitled to use the Accommodation during the Reserved Periods only.
5.3 The Owner shall provide the following at the Accommodation:
5.3.1 all necessary furniture, kitchen appliances and equipment and tableware;
5.3.2 a reasonable number of hairdryers;
5.3.3 duvets and pillows for all beds; and
5.3.4 any other items stated on the Appointment Form.
5.4 The Owner shall indemnify and keep indemnified and hold harmless the Agent against all Losses suffered or incurred by it arising out of or in connection with any act or omission by the Owner that is in breach of these Terms and Conditions.
5.5 The Owner shall obtain such further advice on compliance requirements as it considers necessary from appropriately qualified professionals in accordance with Clause 3.2.4.
6. Financial Provisions
6.1 In consideration of the obligations undertaken by the Agent under these Terms and Conditions, the Owner shall pay the Set-Up Charge, Management Charge, Turnaround Service Charge (if any) and other sums to the Agent in accordance with this Clause.
6.2 Security Deposits are to be placed in a separate account until such time as they are either drawn upon to remedy damage or are returned to the guest.
6.3 The Agent shall within 28 days after the end of each month during the Agency Period and for so long as necessary thereafter:
6.3.1 send to the Owner a statement setting out, in relation to the Accommodation, revenue received for that month;
6.3.2 account to the Owner for any remuneration received from any online travel agents; and
a) the Deposits in accordance with Clause 6.2;
b) the Security Deposits in accordance with Clause 6.4;
c) an amount to cover any expenditure incurred under Clause 3.7;
d) any other costs and expenditure incurred by the Agent in the performance of its duties under these Terms and Conditions including (but not limited to) charges imposed by online travel agents;
e) the Agent’s charges for the use of its merchant banking software where bookings are made through a third party’s website; and
f) the Set-Up Charge, Management Charge and (if applicable) the Turnaround Service Charge
and remit the balance to the Owner.
6.4 If the Agent does not hold sufficient funds on behalf of the Owner to settle invoices for expenditure incurred under Clause 3.7, the Agent may elect to have the invoice sent direct to the Owner.
6.5 All sums payable under these Terms and Conditions are exclusive of any value added tax or other applicable sales tax, which shall be added to the sum in question or otherwise included in any relevant calculation.
7. Duration and Termination
7.1 The contract between the Owner and the Agent shall come into force on the date specified in the Appointment Form and shall continue for the Agency Period subject to the following provisions.
7.2 Either party may terminate the contract by giving to the other not less than three months written notice, to expire on or at any time after three months following the Commencement of the Agency Period.
7.3 Either party may immediately terminate the contract by giving written notice to the other party if:
7.3.1 any sum owing to that party by that other party under any of the provisions of these Terms and Conditions is not paid within 14 days of the due date for payment;
7.3.2 that other party commits any other breach of any of the provisions of these Terms and Conditions and, if the breach is capable of remedy, fails to remedy it within 14 days after being given written notice giving full particulars of the breach and requiring it to be remedied.
7.3.3 an encumbrancer takes possession, or (where that other party is a company) a receiver is appointed, of any of the property or assets of that other party;
7.3.4 that other party makes any voluntary arrangement with his or its creditors or (being a company) becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
7.3.5 that other party (being an individual or firm) has a bankruptcy order made against him or it or (being a company) goes into liquidation (except for the purposes of amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under these Terms and Conditions);
7.3.6 anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party;
7.3.7 that other party ceases, or threatens to cease, to carry on business.
7.4 For the purposes of Clause 7.4.2, a breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to the time of performance.
7.5 The rights to terminate the contract given by this Clause 7 shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
8. Consequences of Termination
Upon the termination of the contract between the Agent and the Owner for any reason:
8.1 the Agent shall cease to promote, market, advertise or solicit customers for the Accommodation;
8.2 the Agent shall have no claim against the Owner for compensation for loss of agency rights, loss of goodwill or any similar loss (except unpaid Commission);
8.3 the Owner shall remain liable for any unpaid Charges whether or not invoiced by the Agent at the date of termination.
9. Nature of Agreement
9.1 The contract between the Owner and the Agent is personal to the parties and neither party may assign, mortgage or charge (otherwise than by floating charge) or sub-license any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder, except with the written consent of the other party.
9.2 These Terms and Conditions together with the Appointment Form contain the entire agreement between the parties with respect to the Accommodation and may not be modified unless that it done so in writing and signed by or on behalf of the parties.
9.3 Each party acknowledges that, in entering into the contract, it does not rely on any representation, warranty or other provision except for any that are stated in these Terms and Conditions or the Appointment Form. All conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
9.4 No failure or delay by either party in exercising any of its rights under the contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
9.5 If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision.
10. Notices and Service
10.1 Any notice or other information required by these Terms and Conditions to be given by either party to the other shall be given by:
10.1.1 delivering it by hand;
10.1.2 sending it by pre-paid registered first class post; or
10.1.3 sending it by e-mail;
to the other party and the address stated on the Appointment Form.
10.2 Any notice or information given by post in the manner provided by Clause 10.1.2 which is not returned to the sender as undelivered shall be deemed to have been given on the second working day after posting.
10.3 Any notice or information sent by e-mail shall be deemed to have been duly given on the date of transmission.
10.4 Service of any document for the purposes of any legal proceedings concerning or arising out of the contract shall be effected by either party by causing it to be delivered to the other party at its registered or principal office, or to such other address as is stated on the Appointment Form or as may be notified to it by the other party in writing from time to time.
11. Relationship of the Parties
11.1 Nothing in these Terms and Conditions shall create a partnership or the relationship of employer and employee between the Owner and the Agent.
12.1 These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England.
12.2 The Owner agrees that, for the Agent’s benefit, the courts of England shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
12.3 Nothing in this Clause 12 shall limit the Agent’s right to bring proceedings against the Owner in any other court of competent jurisdiction.