TERMS AND CONDITIONS OF BUSINESS
1 BACKGROUND (A) The Client is the Owner of the Property (as defined below) and wishes to rent the Property for holiday purposes. (B) Luxury Coastal Escapes has agreed to act as the Home Owner’s agent on the terms of this agreement.
PROPERTY ADDRESS: _________________________________________________________
CLIENT/ HOME OWNER/S:_______________________________________________________
1 DEFINITIONS AND INTERPRETATION
1.1 The definitions and rules of interpretation in this clause apply in this agreement.
Booking Conditions - Luxury Coastal Escape’s booking conditions as set out in Schedule 2 and as varied from time to time by Luxury Coastal Escapes
Changeovers - where one Guest leaves the Property and another Guest enters the Property
Commission - an amount equivalent to _____________% of the rental fees taken by LCE
Cancellation Fee - Full commission for the stay is charged to Owners if they cancel a booking for any reason once a Guest has made a 50% non-refundable deposit. Guest will also be refunded in full
Service Package - Please refer to attached service package pricing for description of services to be provided by Luxury Coastal Escapes
Referral Discount - If you qualified for a referral discount in 2016 please note that this discount was only valid for the first year of renting your home through Luxury Coastal Escapes.
Guest - the people renting the Property from the Home Owner through Luxury Coastal Escapes
Rental Fee - the total fee payable by the Guest for use of the Property
Maintenance - arranging or carrying out any cleaning, repairing and gardening in relation to the Property
Property - the property (or properties) as described above
2.1 The Owner hereby appoints Luxury Coastal Escapes as its agent to promote and let the Property for holiday lettings and Luxury Coastal Escapes agrees to act as its agent on the terms and subject to the conditions of this agreement.
2.2 The Owner hereby confirms that Luxury Coastal Escapes is authorised to:
(a) promote and market the Property for holiday lettings;
(b) take bookings from Guests; and
(c) create legally binding relations between the Home Owner and the Guest for the purposes of letting the Property for holidays.
2.3 The Owner warrants and represents to Luxury Coastal Escapes that:
(a) the Owner has the requisite authority to enter into this agreement;
(b) there are no restrictions on letting the Property for holiday purposes; and
(c) the consent of any third party is not required.
2.4 The Owner hereby authorises Luxury Coastal Escapes or its approved agent to enter on to the Property at all reasonable times for the purposes of fulfilling its obligations under this agreement.
This agreement shall commence with effect from the date of this agreement and shall continue in force until terminated in accordance with clause 9
4 LUXURY COASTAL ESCAPES OBLIGATIONS
4.1 Luxury Coastal Escapes is the Owner’s agent and will perform the following duties
(a) have the home professionally photographed
(b) advertise and market the Property for holiday letting through LCE website and other forms of marketing deemed necessary such as Instagram, Pinterest, Facebook, Twitter and Airbnb
(c) arrange bookings with Guests (including taking payments for rental and deposits)
(d) ensure that all Guests acknowledge and sign Estate security documentation (if needed) prior to arrival, as well as LCE Terms and Conditions and Indemnity Forms
(e) ensure Guests are met and processed through Estate security at check in (if needed)
(f) orientation of property is given before handing over set/s of keys to Guests
(g) LCE will manage Guests during their stay and attend to any maintenance issues/complaints and queries
(h) LCE will pay for emergency repairs/maintenance/ call out fees up to the value of R1500 on the Home Owners behalf without their consent, which will then be deducted from the final rental payment of 25%. If costs exceed R1500 we will endeavour to get the Home Owners written permission to proceed with the required maintenance/ repair works
(i) LCE will perform a check out on the day of departure and collect all sets of keys from Guest/s. Please note that LCE do not conduct an inventory of the property and its contents, Guests and Maids are supplied with a Breakage Form to report any breakages.
(j) Please note that Guests are not charged for small breakages, such as the odd wine glass, mug, plate etc. All valuables, sets and items that are irreplaceable are to be locked away and cheaper replacements left out i.e. @home standard
(j) If multiple bookings, LCE will oversee the changeovers and liaise with Home Owners maids and staff. Please note that the responsibility of coordinating the changeover is ultimately in the Home Owners hands and we ask that you ensure double maids, garden and pool service and window cleaning all arrive on changeover or check in days
5 LETTING AVAILABILITY
Unless otherwise agreed, the Owner shall ensure that the Property is available for a minimum of three weeks per year during peak season/holidays
6 THE HOME OWNER’S OBLIGATIONS
6.1 The Owner will complete and return LCE Home Owners Information prior to any rental taking place along with any extra information required for LCE to manage both the property, staff and Guests during their stay
6.2 The Home Owner permits LCE to allow repairman to enter the property when needed for maintenance or repair work during a Guests stay.
6.3 The Home Owner permits that LCE can allow emergency works to go ahead up to the value of R1500 . Any works over this value will require written permission from the Home Owner
6.4 The Home Owner undertakes and agrees with Luxury Coastal Escapes during the term of this agreement to the following Security and Insurance requirements:
PLEASE INITIAL NEXT TO EACH POINT
(a) to insure the Property in accordance with clause 8 below _____
(b) to notify appropriate Insurers for each Guests stay _____
(c) to ensure fire hydrants/fire blankets are available,in working order and easily accessible _____
(d) to ensure all exterior doors, windows and perimeter gates can be securely locked (in particular freestanding homes) _____
(e) to ensure all burglar bars and security measures i.e. beams, fences, remotes are in working order and full instructions for use are handed over to LCE _____
(f) to notify your alarm company and response team of lead Guests name and cell number ____
(g) to notify your Estate that you are giving LCE permission to rent/market your home _____
6.5 The Home Owner undertakes and agrees with Luxury Coastal Escapes during the term of this agreement to the following general requirements:
PLEASE INITIAL NEXT TO EACH POINT
(a) to ensure that the property has two sets of fresh white linen per bedroom for Guests use only _______
(b) to ensure all linen/towels are labelled if drycleaning services are required _____
(c) to ensure all bedding such as duvets and pillow inners are in good condition and clean (ideally pillows and mattresses to have white protectors) _____
(d) to ensure that each property has two sets of fresh white towels per Guests, for their use only _______
(e) to ensure that each property has beach towels for Guests to use _______
(f) to ensure uncapped Wifi is available throughout the Guests stay ______
(g) to ensure DSTV/Netflix/ DVD Player/Apple TV (only one option required) is available for Guests _____
(h) Welcome Basket (up to value of R500 will be prepared by LCE but charged to Owner) _____
(i) Maids to wear black uniform with white Luxury Coastal Escapes apron (two uniforms per maid at Owners expense) _____
(j) Maids available 5 days a week 8am to 2pm Monday to Friday, including public holidays (included in nightly rate) _____
(k) Maids to be paid and compensated by Home Owner for working over holiday season. Any tips will be paid directly to the Maid by the Guest/s ____
(lj Three sets of keys/remotes to be handed to LCE prior to booking _____
(m) Agree to give LCE a minimum of three weeks availability a year in peak season _____
(n) airconditioning units and their remotes to be serviced and in good working order prior to Guests arrival _____
(0) if no air conditioning is available in certain rooms of the property then please ensure a standing fan is available _____
7 LETTING FEE
7.1 Luxury Coastal Escapes shall be entitled to receive 20% Commission on all lettings of the Property taken by LCE. If LCE has not taken the booking but is managing the Guests stay a 10% commission will be charged.
7.2 All fees due to Luxury Coastal Escapes shall be deducted from Letting Fees prior to remitting the balance to the Owner. If LCE is only managing the booking then the Home Owner will be invoiced for the 10% commission owing
7.3 Luxury Coastal Escapes shall:
(a) be entitled to deduct from any payments due to the Owner all or any additional sums due or payable to Luxury Coastal Escapes pursuant to the provisions of this Agreement; and
(b) shall not be obliged to pay the balance of the Letting Fee to the Owner until Luxury Coastal Escapes is in receipt of cleared funds.
7.4 Where LCE services are required between holiday bookings, such as vacant property management. A monthly fee will be applied and Owners will be invoiced monthly in advance (see attached pricing for 2017)
7.5 If the Owner cancels a booking it is important to note that the Guests will be refunded in full and the Owners will be liable for paying Luxury Coastal Escapes the agreed commission for the full stay
8.1 The Owner shall at all times maintain appropriate insurance cover (that must be adequate for the Property, the structure and contents) for the duration of this agreement with a reputable insurer. Failure to do so will be regarded as a material breach of this agreement
Either party shall be entitled to terminate this Agreement in writing:
9.1 on the provision of one calendar month’s notice to the other on the provision that no future bookings have been secured prior to the termination date
10 EFFECTS OF TERMINATION
12.1 Termination of this agreement, however caused, shall be without prejudice to any rights or liabilities accrued at the date of termination.
12.2 On termination of this agreement for any reason
(a) Luxury Coastal Escapes shall cease to promote, market, advertise or let the Property;
(b) clauses 10.2, 13.2 and this clause 12, which shall remain in full force and effect; and
(c) subject to the provisions of this clause 12.2, the obligations of the parties to one another shall cease.
13.1 Subject to condition
13.2, Luxury Coastal Escapes shall not accept liability for any act, neglect or default on Luxury Coastal Escapes part or the part of the Owner or any other person not within their employ or otherwise under their control, nor for any accident, damage, loss, damage, costs, expenses, injury, expense or any other inconvenience or claim for compensation whatsoever, whether to person or property and whether caused by Luxury Coastal Escapes, its employees or agents, or otherwise, which the Owner or any other person may suffer or incur arising out of, or in any way connected with the letting.
13.2 Nothing in these conditions excludes or limits the liability of Luxury Coastal Escapes:
(a) for death or personal injury caused by Luxury Coastal Escapes negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for Luxury Coastal Escapes to exclude or attempt to exclude their liability; or
(d) for fraud or fraudulent misrepresentation.
13.3 In all cases, except for personal injury or death, our liability to you for the total of all claims arising out of the letting is limited to the cost of the booking fees less any insurance or cancellation charges.
14.1 Both parties agree to comply with the Data Protection Act 1998 with respect to Guests.
14.2 This agreement constitutes the entire understanding between the parties with respect to the subject matter of this agreement and supersedes all prior agreements, negotiations and discussions between the parties relating to it.
14.3 Save as expressly provided in this agreement, no amendment or variation of this agreement shall be effective unless in writing and signed by a duly authorised representative of each of the parties to it.
14.4 The parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver, and to exercise their rights and perform their obligations under this agreement.
14.5 The failure of a party to exercise or enforce any right under this agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
14.6 If any part of this agreement becomes invalid, illegal or unenforceable, the parties shall in such an event negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible gives effect to their intentions as expressed in this agreement. Failure to agree on such a provision within six months of commencement of those negotiations shall result in automatic termination of this agreement.
15.1 Christopher Allan of Chris Allan Photography, retains the copyright of all images shot by him. He licenses the images to LCE and that license gives LCE the right to use the images for the marketing purposes agreed upon prior to the shoot. This is not limited to marketing only that single property, and images may be used to market the broader services of LCE.
15.2 Images may not be used by clients of LCE to advertise their own properties separately or in competition with LCE.
15.3 Image theft (as explained above) by property owners, competing agents or any other party, will result in damages in excess of R50 000.00 per image being claimed.
15.4 LCE requests a minimum availability of three weeks per year in peak season holiday times. If the Owners retract availability once the photoshoot has been done, they could be liable for up to R3000 to cover the cost of photoshoot