Airbnb Management Terms and Conditions

These Terms and Conditions apply when Hastings Property Services (“Agent”) is appointed to manage holiday accommodation let on a short-term basis via Airbnb or a similar website. The Terms and Conditions form the basis of the Owner’s contract with the Agent so please read them carefully before signing the Appointment Form.

1. Definitions

2. Appointment of Agent
   • 2.1 The Owner appoints the Agent to act as their agent in 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 in relation to the Accommodation describe itself as the Owner’s agent.
   • 3.2 The Agent shall act with all due care and diligence and in accordance with sound commercial principles.
   • 3.3 The Agent shall:
     • 3.3.1 make arrangements for guests to collect and return keys to the Accommodation;
     • 3.3.2 be the first point of contact for guests to report problems or raise queries about the Accommodation during their stay; and
     • 3.3.3 provide guests with a telephone number they can call should they require assistance during their stay.
   • 3.4 The Agent shall ensure that after each letting:
     • 3.4.1 the Accommodation and contents are inspected and any damage, safety concerns, missing items or low supplies of consumables are reported to the Owner;
     • 3.4.2 the Accommodation is thoroughly cleaned and tidied;
     • 3.4.3 all bins are emptied and cleaned;
     • 3.4.4 kitchen equipment is cleaned and put away tidily;
     • 3.4.5 all used bed linens, bathroom towels and tea towels are laundered;
     • 3.4.6 the beds are made with clean bed linen provided by the Owner;
     • 3.4.7 clean bathroom towels and tea towels are provided from the supplies provided by the Owner;
     • 3.4.8 supplies of toiletries, hand soap, washing-up liquid and dishwasher detergent are replenished from the supplies provided by the Owner; and
     • 3.4.9 minor items of maintenance are attended to, including changing batteries and light bulbs if the Owner has left spares at the Accommodation.
   • 3.5 The Agent shall make a member of staff available to the Owner at all reasonable times and upon reasonable notice for the purposes of consultation relating to the Accommodation.
   • 3.6 The Agent shall promptly notify the Owner of all correspondence and complaints it receives in relation to the Accommodation.
   • 3.7 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.
   • 3.8 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. Rights and Duties of the Owner
   • 4.1 As soon as reasonably practicable after accepting a booking of the Accommodation the Owner shall advise the Agent of:
     • 4.1.1 the name of the guest or guests and their contact details;
     • 4.1.2 the start date and end date of the letting; and
     • 4.1.3 any other information provided by the guest.
   • 4.2 The Owner shall be responsible for taking bookings for the Accommodation, receiving payment from guests and corresponding with guests before and after their stay (but the Agent is responsible for arranging the collection and return of keys).
   • 4.3 The Owner shall provide the following at the Accommodation:
     • 4.3.1 all necessary furniture, kitchen appliances and equipment and tableware;
     • 4.3.2 a reasonable number of hairdryers;
     • 4.3.3 duvets and pillows for all beds;
     • 4.3.4 two sets of bed linen for all beds so that one set can be washed while the other is in use;
     • 4.3.5 two sets of bath towels, hand towels, bath mats and tea towels so that one set can be washed while the other is in use;
     • 4.3.6 supplies of body wash, shampoo, conditioner, hand soap, washing-up liquid and dishwasher detergent for use by guests (and the Owner shall replenish these supplies as necessary);
     • 4.3.7 spare batteries, lightbulbs and other consumables that are needed in relation to the fittings and equipment at the Accommodation (and the Owner shall replenish these supplies as necessary); and
     • 4.3.8 a vacuum cleaner, mop, bucket, cloths, cleaning products and other cleaning equipment for use by the Agent.
   • 4.4 The Owner shall ensure that:
     • 4.4.1 the Accommodation and its fittings, fixtures and contents are kept in good and safe condition and repaired and replaced as necessary throughout the Agency Period;
     • 4.4.2 the Accommodation is kept in good decorative order throughout the Agency Period.
   • 4.5 Subject to compliance by the Agent with its obligations under these Terms and Conditions, the Owner shall indemnify the Agent against any liability (including but not limited to all costs and expenses which the Agent may reasonably incur in defending any proceedings) which it may incur by reason only of its being held out as the Owner’s agent.
5. Financial Provisions
   • 5.1 In consideration of the obligations undertaken by the Agent under these Terms and Conditions, the Owner shall pay the Fees to the Agent in accordance with this Clause.
   • 5.2 The Agent shall within 7 days after the end of each month during the Agency Period, and for so long as necessary thereafter, send to the Owner a statement setting out the Fees due to the Agent for that month.
   • 5.3 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.
6. Duration and Termination
   • 6.1 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.
   • 6.2 Either party shall have the right, exercisable by giving not less than 1 months’ written notice to the other at any time prior to the expiry of the Agency Period (or any further period for which the contract has been extended pursuant to this provision) to extend the contract for a further period of 12 months.
   • 6.3 Either party may terminate the contract by giving to the other not less than 3 months written notice.
   • 6.4 Either party may forthwith terminate the contract by giving written notice to the other party if:
     • 6.4.1 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;
     • 6.4.2 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 30 days after being given written notice giving full particulars of the breach and requiring it to be remedied.
     • 6.4.3 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;
     • 6.4.4 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);
     • 6.4.5 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);
     • 6.4.6 anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party;
     • 6.4.7 that other party ceases, or threatens to cease, to carry on business.
   • 6.5 For the purposes of Clause 6.4.2, 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 (provided that the time of performance is not of the essence).
   • 6.6 The rights to terminate the contract given by this Clause 6 shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
   • 6.7 If at any time control (as defined in Section 840 of the Income and Corporation Taxes Act 1988) of the Agent is acquired by any person or group of connected persons (as defined in Section 839 of that Act) not having control of the Agent at the start of the Agency Period, the Agent shall forthwith give written notice to the Owner identifying that person or group of connected persons and the Owner shall be entitled, by giving not less than << >> months written notice to the Agent within <<  >> days after the notice from the Agent was given, to terminate the contract.
7. Consequences of Termination

Upon the termination of the contract between the Agent and the Owner for any reason:

• 7.1 the Agent shall cease to have any involvement with the Accommodation;
• 7.2 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. Nature of Agreement
   • 8.1 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.
   • 8.2 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 except by an instrument in writing signed by the duly authorised representatives of the parties.
   • 8.3 Each party acknowledges that, in entering into the contract, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions or the Appointment Form, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
   • 8.4 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.
   • 8.5 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.
9. Notices and Service
   • 9.1 Any notice or other information required or authorised by these Terms and Conditions to be given by either party to the other shall be given by:
     • 9.1.1 delivering it by hand;
     • 9.1.2 sending it by pre-paid registered first class post; or
     • 9.1.3 sending it by e-mail, telex, cable, facsimile transmission or comparable means of communication;

to the other party at the address given in Clause 9.4.

• 9.2 Any notice or information given by post in the manner provided by Clause 9.1.2 which is not returned to the sender as undelivered shall be deemed to have been given on the << >> day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that the notice or information has been duly given.
• 9.3 Any notice or information sent by e-mail, telex, cable, facsimile transmission or comparable means of communication shall be deemed to have been duly given on the date of transmission, provided that a confirming copy of it is sent as provided in Clause 9.1.2 to the other party at the address given in Clause 9.4 within 24 hours after transmission.
• 9.4 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 may be notified to it by the other party in writing from time to time.

10. Relationship of the Parties

Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership or the relationship of employer and employee between the Owner and the Agent.

11. Jurisdiction

These Terms and Conditions shall be governed and construed in all respects in accordance with the laws of England and Wales, and each party hereby submits to the non-exclusive jurisdiction of the English and Welsh courts.