Terms & Conditions of this Agreement

 

These Terms & Conditions apply when Assured Stays Management Limited (“Agent”) is appointed to manage short-term/holiday accommodation. 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

 

“Agent/Company”                means Assured Stays Management Limited, or any organisation appointed by Assured Stays Management Limited within the parameters of these Terms

“Fixed Term”                         means contractual length of this agreement

“Commission”                       means (subject to Clause 6 and page 2 of this Agreement) the agreed percentage of the guest reservation fee in any calendar month.

“Deposit”                               means a deposit paid by a customer/guest to secure a booking of the Property OR the amount the guest/customer has been charged as a pre-authorisation to their cred/debit card.

“Final Balance”                      means the reservation balance less the Deposit

“Reservation Balance”         means the fee paid by the guest to stay in the Property (excluding any security Deposits)

“Letting Periods”                  means the periods of time during which the Property is available for guests to book

“Owner”                                means the owner of the Property OR the authorised person(s) granted a lease to operate the property as Serviced Accommodation/Holiday Let

“Property”                             means the Property (and land if any) which this agreement relates to

“Reserved Periods”              means the periods of time during which the Property is reserved for use by the Owner

“Host”                                    means the term used to describe the Owner’s Agent to the guest

“Channel Manager”              Means the chosen software used by the Agent to co-ordinate Reservation Periods and rates or charges and to generate reports to the Owner and Agent

“Portal(s)”                              A platform in any medium used to list the Property’s availability to let

 

1. any reference in these Terms & Conditions must be in written formal such as email, letter or similar means

2. any reference in these Terms & Conditions to any stature or provision of a statute shall be constructed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

3. The headings in this document are for convenience only and shall not affect its interpretation

4. Any reference to the singular shall also mean the plural

5. Any reference to a specific gender shall also mean any gender

 

1. Appointment of Agent

   1. The Owner appoints the Agent to act as their Agent in the promotion, marketing and management of the Property/Properties and taking the bookings for short-term/holiday lettings.

   2. The Owner agrees not to engage with other Agencies for the duration of this agreement, without prior written consent of the Agent. Where bookings are taken by another Agent, the agreed Commission will be payable by the Owner to the Agent under this agreement, unless otherwise agreed by both parties in writing.

   3. This contract falls under the Law of Agency. The Agent acts under the authority of the property Owner/Licensee and signature to this Agreement or confirmation in writing of acceptance of the terms, confirms this Authority

 

1. The Agent’s Duties

   1. The Agent shall use its best endeavours to promote and market the Property and to obtain bookings for the Property/Properties for short-term/holiday lettings

   2. Without prejudice to the generality of clause 3.1, the Agent shall prepare particulars of the Property, including an individually written description and professional photographs at an agreed fee. Once they have been approved by the Owner, the Agent shall add them to it’s database, website, any affiliate marketing portals which the Agent deems suitable and social media sites.

   3. The Agent shall in relation to the Property describe itself as the Host or the Owners Agent.

   4. The Agent shall act with all due care and diligence and in accordance with sound commercial principles.

   5. The Agent shall make a member of staff available to the Owner for a monthly telephone or video call to provide updates, The Company guarantee at least one call/meeting per month but will endeavour to offer more time for generalised updates. This clause sets the minimum benchmark and not a maximum. In situations of emergencies or complex issues, The Company will make best endeavours to allocate as much time deemed necessary by The Company to effectively deal with matters with the Owner.

   6. The Agent shall keep the Owner informed of all bookings through a dedicated Channel Manager if the Owner pays the channel manager fee.

   7. The Agent shall keep the Owner informed of conditions in the market and opportunities for the promotion and marketing of the Property

   8. Subject as provided in these Terms & 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 & Conditions in such a manner as it may think fit

   9. The Agent shall arrange and make sure the Property is cleaned to a professional standard and fresh bed linen, towels, consumables and toiletries are provided after each booking at the agreed price.

 

1. Lettings / Bookings

   1. All lettings shall be made at such prices and on such terms as the Agent sees fit.

   2. The Agent shall enter into booking contracts and receive payments on the Owner’s behalf

 

1. Rights and Duties of the Owner

   1. The Owner shall be entitled to reserve the Property at their discretion subject to providing the Agent with enough notification. This must be during vacant periods as determined by the Agent. Where the Owner exercises his entitlement to reserve the Property for himself, he shall indemnify the Agent of all costs incurred in the cleaning, provision of linen and consumables and pay a set commission of £5 per night.

   2. The Owner shall ensure that the Property, its fittings, fixtures and contents are provided to be in safe and good condition and repaired and replaced as required throughout the Fixed Term period. All the requisite certificates to be replaced annually or when due and ensure that all fire and safety regulations are adhered to. The Owner duly authorises the Agent to undertake any necessary changes to the Property to ensure its compliance with any statutory safety regulations, whether formally demanded by authorities or not.

   3. The Owner shall ensure that the Property is kept in good decorative order throughout the Fixed Term period.

   4. 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 its being held out as the Owner’s Agent.

   5. The Owner shall not do anything which negatively impacts the goodwill or high standards of the Agent at any time, such breach to this clause will incur compensation payable to the Agent.

   6. Before agreeing to the Terms and Conditions of this contract, the Owner should take all reasonable steps to ensure that the Property has no restrictions to let out the Property as a short-term/holiday let in either the lease, the leasehold/freehold title, its mortgage terms and conditions, its block management terms or any other governing authority.

   7. The Owners liability and obligations remain in force to the Agent during the Fixed Term

 

1. Financial Provisions

   1. In consideration of these obligations undertaken by the Agent under these Terms and Conditions, the Owner shall pay the Commission to the Agent in accordance with this Clause.

   2. Any collected Security Bonds / 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 customer / guest.

   3. The agent shall, by the 15th working day of each calendar month send to the Owner;

      1. A statement setting out, in relation to the Property for the previous calendar month:

1. Any surplus revenue from drawn down Deposits;

2. All Final Balances received;

3. All refunds given;

4. All expenses incurred;

5. The commission due to the Agent for the previous calendar month;

AND

1. pay the amount, less to the Agent’s/Portal’s commission, expenses and fees into the Owners bank account as provided at the onset of this agreement, or whatever new account the Owner nominates to the Agent in writing not less than 14 days before the date due

2. if a booking is cancelled in accordance with the clients Terms and Conditions (referred to as the “general conditions” of which they receive as part of the confirmation booking process) and payment has already been issued to the Owner, the Owner must return the monies within 5 calendar days of notification or it will be deducted from the next month’s payment to the Owner.

3. The Agent shall keep detailed records and accurate account of all financial transactions relating to the Property and shall at the reasonable request of the Owner permit the Owner or its duly appointed representatives to inspect all such records and take copies thereof at all reasonable times (but not exceeding once every 3 months)

4. All monies collected by the Agent will remain in a designated client holding account with a Bank until such times they are due to be released to the Landlord according to the clause 6.3 above

5. The Owner, in addition to the agreed Commission to the Agent shall pay the commission to the Portals from the Reservation Balance

6. The Owner shall pay, in addition to the Agents commission and that of 6.6, pay for fees required under this Agreement to which the prices are detailed in APPENDIX A and are subject to change annually. The Owner must ensure he checks the updates costs on our website www.AssuredStays.com

7. All fees charged by the Agent to the Owner shall be charged for the calendar month period regardless if the booking revenue has been received

8. Only booking revenue which is received into the Agents client account can be settled to the Owner. The Owner understands that even if bookings occurred in the previous calendar month, that the revenue for these bookings may not have been received by the booking portals. This is relevant in situations of stays which cross over multiple calendar months.  

 

1. Photography and copyright

7.1  Copyright of the any photos of the Owners Property remains that of the photographers unless such copyright has been transferred in writing

7.2 ⁠The Agent holds the exclusive licence to the photographs for worldwide and unlimited use

7.3 ⁠the Agent’s licence does not transfer to any third party unless stated in writing with written consent from the copyright holder

7.4 Any onboarding fee charged or paid by the owner regardless of whether there is mention of photography or not, does not entitle the owner to any rights to the licence or copyright of the images

7.5 Any licence or agreement for usage of the images are solely between the photographer (copyright holder) and the agent

7.6 Use of any photographs without the express permission of the licence holder will result in a fee payable to the licence holder of £5,000 to which the copyright holder is entitled to 50% of such fee

7.7  If the Agent provides any copies of the photographs to the Property Owner, this does not imply any rights to the use of the photos, sharing of images is considered as approval and review only and should not be used for marketing or promotional purposes of any kind and such use shall fall within the parameters of clause 7.6

 

1. Duration and Termination

   1. The contract between the Owner and the Agent shall come into force on the date specified in this agreement or contractual email and shall continue for the Fixed Term period, subject to the following provisions:

   2. This Fixed Term agreement will auto renew for a further 12 months upon its expiration, unless either party serves written notice of cancellation to the other any time prior to the expiry of the Fixed Term period of the extended period pursuant to clauses herein.

   3. Either party may terminate the auto renewal of this Agreement by giving 3 months written notice at any time but not later than 90 calendar days before the expiration of the Agreement. If no notice is served, this Agreement will renew in accordance with clause 8.2

   4. Either party may forthwith terminate the contract by giving written notice to the other party if:

      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; 

      2. the 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 within 30 days after being given written notice giving full particulars of the breach and requiring it to be remedied;

      3. 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);

      4. That other party (being an individual or a 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);

      5. Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party;

      6. That other party ceases, or threatens to cease, to carry on business.

   5.        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 (provided that the time of performance is not of the essence).

   6. The rights to terminate the contract 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.

   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 Fixed Term 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 1 months written notice to the Agent within 5 days after the notice the from the Agent was given, to terminate the contract.

   8. Should The Agent be acquired by another company or persons or if the Agent sells the goodwill of the business of the Agent to a third party capable of undertaking the business thereof, the Terms and Conditions of this contract will transfer without break to the new operator of the Agent. Should this occur, the Agent shall notify the Owner not less than 7 calendar days before the transfer in writing

   9. If the contract is ended by the Owner before the conclusion of the fixed term, the owner shall be liable to pay to the Agent commission on all reservations which are in the diary or a fee of £5 per day left on the contract in accordance with these terms.

   10. Nothing in this contract shall prohibit the Agent from exercising their rights under Clause 7.8 save for circumstances deemed as being unlawful.

 

1. Consequences of Termination

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

1. The Agent shall cease to promote, market, advertise or solicit customers / guests for the Property;

2. The Agent shall have no claim against the Owner for compensation for loss of Agency rights, except for unpaid Commission, fees or expenses for the Fixed Term period of this contract, including re-accommodation of paid guests.

3. The Agent shall have the right to compensation where the Owner cancels bookings without giving the requisite three months’ notice, including but not limited to the cost of moving any bookings to new accommodation. The Agent will also charge an admin fee of £50 per booking to cover time in making the necessary changes to each booking.

4. The Owner shall pay back all monies received from the Agent for all future bookings which have not commenced

5. The Owner shall indemnify the Agent of any incurred costs where cancellation by the Owner has been made and the Agent is required to cancel reservations and such cancellation incurs any penalty by the travel agent including but not limited to costs to re-accommodate any guest.

6. If the Owner terminates this Agreement unlawfully, outside of the parameters of this Agreement they shall be liable to indemnify the Agent of all reasonable costs incurred which include (but are not limited to) admin costs, cancellation costs, re-accommodation costs, all costs outlined in this Agreement, channel manager costs and any outstanding expenses or invoices issued or due to be issued to the Owner for the remainder of this Agreement.

7. If the Owner frustrates the operation of the Agent’s business such as changing access codes of locks which prevent guests accessing the Property at any time, the Owner shall be liable for all expenses and costs incurred by the Agent, including but not limited to the costs of a locksmith or other contractor to gain access to the Property.

 

1. Nature of Agreement

   1. If the Owner is a Company, the person signing this Agreement on its behalf agrees to guarantee the obligations of the Agreement at all times to the Agent.

   2. These Terms and Conditions contain the entire agreement between the parties with respect to the Property and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.

   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, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

   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.

   5. If any provision of these Terms and Conditions is held by any court of 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.

   6. This Agreement forms a Business to Business contract and therefore there is no “cooling off” period implied whatsoever and both parties are bound to its terms until the expiration of the Fixed Term and extended Fixed Terms as within this Agreement.

 

1. Notices and Service

   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:

10.1.1 delivering it by hand;

10.1.2 sending it by pre-paid registered first-class post; OR

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 2nd day after the envelope was so posted; and proof that the envelope contained 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 enough evidence that the notice or information has been duly given.

10.3 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.

 

1. Maintenance

   1. The Agent agreed to make the Owner aware of any ongoing maintenance problems. Subject to a retained maximum expenditure limit of £400, on any single item or repair, and any other requirement or limits specified by the Owner, the Agent will administer any miscellaneous maintenance work that needs to be carried out on the Property. ‘Retained maximum expenditure limit’ means that the Agent has the authority to spend up to this amount (or other amounts as individually agreed) on reasonable improvements or repairs in any single monthly accounting period without prior reference or authorisation from the Owner.

   2. For expenditure in excess of the agreed limits, the Agent would normally request authorisation in advance. It is agreed that in an emergency or for any reasons of contractual or legal necessity the Agent may reasonably exceed the limits specified, where reasonable endeavours have been made to contact the Owner.

 

1. 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 Agent.

 

1. Jurisdiction

These Terms and Conditions shall be governed and constructed 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.

 

1. SIGNATURES TO THIS CONTRACT

All the undersigned parties agree that they have read, understood and agree to the Terms and Conditions of this Contract.

If these Terms and Conditions have been presented to the Owner and the Owner instructs the Agent to act under these Terms and Conditions but he does not sign them, this Contract is considered as being entered into and both parties are duly bound.

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ADDITIONAL FEES 

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CARD TRANSACTION FEES = 2% 

CHANNEL MANAGER FEE = £25 + VAT PER CALENDAR MONTH 

CALL OUT FEES £20 + VAT PER HOUR 

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****THE ABOVE TERMS AND CONDITIONS ARE OUR STANDARD TERMS AND CONDITIONS, THESE MAY VARY FROM CLIENT TO CLIENT, PLEASE REFER TO YOUR PRESENTED TERMS FOR FULL DETAILS. PRICES EXCLUDE VAT UNLESS STATED OTHERWISE**** 

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Copyright 2025 Assured Stays Management Limited 

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