Our terms of business for those hosting accommodation.
1. These terms
1.1 This agreement is between the owner of (or persons with control of) property or accommodation (“you” or “the Host”) which are to be listed on the website www.edlets.com (“the Website”) as being available to rent and us, Discodog Limited trading as Edlets (“we”, “us” or “Edlets”).
1.2 These terms and conditions along with the email you will receive confirming the details of your listing together constitute the agreement between you and us (“the Agreement”). These terms will apply, until varied, to any Accommodation advertised with Edlets.
2.1 We will advertise your property or the part of your property that is available to rent (“the Accommodation”) on the Website and provide information to third parties who may wish to rent the Accommodation (“Guests”).
2.2 We are not your agent and only provide a platform to facilitate bookings to rent your Accommodation. We are not involved in any agreement or transaction between you and Guests even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Guest to make enquiries relating to the Accommodation. Any agreement or potential agreement between you and a Guest is the responsibility of you and the Guest and we shall have no liability or obligations under any such agreement or as a result of any dealings between you and a Guest. Specifically we do not own or have any proprietary interest in the Accommodation and shall not be responsible for the quality or safety of the Accommodation listed, the truth or accuracy of your listing or the ability of Guests to pay for a booking of your Accommodation.
2.3 You must provide us with details (including the address) and images of your Accommodation. We may ask you for clarification on any details relating to the Accommodation and reserve the right to require you to provide different images if we are not satisfied with the quality of those provided. You are responsible for the accuracy of this information.
2.4 You will be required to provide such details about yourself, including your address (if different from that of the Accommodation listed) and contact details (telephone number and email address) as we may reasonably require. If someone manages the Accommodation on your behalf you will need to provide us with contact details of this person as well. We reserve the right to ask for further details about you or your manager.
2.5 In addition to listing the Accommodation, we will be entitled to send promotional emails to our contact list and provide such information about you and your Accommodation as we may deem appropriate to promote the Accommodation. We will be responsible for all copy and promotion on our Website and set out in our promotional emails except that where such copy and promotion relates to details of your Accommodation we shall not be held responsible for ensuring these are correct. As an alternative, we may allow you to access your own section of the Website for the purposes of managing your listing. Again, all details about your Accommodation that you list through this method shall be your responsibility. (All services provided to you by us under this Agreement shall hereafter be referred to as “the Services”.)
2.6 You agree that you are using our Services for the purposes of promoting your Accommodation to Guests and the Website is a platform through which you can do this. You further agree that our role is solely to make the Website available so as to facilitate Guests’ bookings of your Accommodation and we are not the manager of your Accommodation and do not represent you or your services in any way.
2.7 The agreement for renting the Accommodation is an agreement between you and the Guest for renting the Accommodation on agreed dates at an agreed price.
2.8 You will enter agreements with Guests on your own terms and conditions. We strongly recommend that you have your own terms and conditions in writing and that these are available to all Guests or potential Guests on request. It is your responsibility to make a Guest aware of all the terms that will apply to their rental of your Accommodation (“Accommodation Terms”). You may supply us with a copy of your Accommodation Terms which we can provide to a Guest or potential Guest on your behalf. Your Accommodation Terms must expressly state that:
2.8.1 the agreement is between you and the Guest; and
2.8.2 we are not liable to the Guest for any breach of your agreement with the Guest
and must not contain any terms that are contrary to the terms of this Agreement or our agreement with Guests. If you do not have written Accommodation Terms you must still inform the Guest of the terms set out in this clause 2.8.
2.9 The Accommodation Terms are a contract between you and the Guest. We are not a party to your agreement with Guests and shall not be liable to you, the Guest or any third party for any breach of the Accommodation Terms or otherwise in relation to the Accommodation, its provision for rent by Guests and its use by Guests.
3. Bookings and payment
3.1 The Website will provide an enquiry form through which Guests can enquire about your Accommodation and its availability or make a general enquiry. Any enquiry from a Guest will be relayed straight to you by email.
3.2 It is your responsibility to keep a record of when your Accommodation is unavailable and you should email us with all dates when your Accommodation is unavailable. We will update our records with the availability of your Accommodation and this should help ensure that Guests cannot book your Accommodation for times when it is unavailable in any way.
3.3 If the required dates are available you may confirm this to the Guest and confirm the total price for the booking by replying to the enquiry sent to you by email. You must reply to all booking enquiries as soon as possible. You are responsible for ensuring that you provide the Guest with the correct total price for their booking.
3.4 The total price quoted to the Guest must include all bills and additional charges that you intend for the Guest to pay. If you discover that you have mistakenly provided the Guest with the wrong total price before their stay at the Accommodation then you may send them the correct total price but this is your responsibility. Any additional charges that you wish to charge the Guest not included in the total price initially quoted must be notified to the Guest through the Website’s enquiry system and agreed to by the Guest prior to the rental period. If you do not inform the Guest of the correct price or the correct total price when including additional charges before their rental period then you must honour the Booking at the total price initially quoted.
3.5 If a Guest then continues with a booking they must make an initial payment. This initial payment will be paid directly to us by the Guest online or by phone. You authorise us to accept and hold such payment on your behalf.
3.6 At the point we receive the initial payment from a Guest in accordance with clause 3.5 a booking will be deemed to have been accepted (“Booking”) and you will have entered a binding agreement with the Guest to rent the Accommodation on the agreed dates at the agreed price and subject to your Accommodation Terms. A Booking will be confirmed to you as soon as practicable.
3.7 We will charge you fees for our Services for each accepted Booking at the rate of 15% of the total rental charges payable to you by a Guest. The initial payment referred to in clause 3.5 and
3.6 above will be for an amount equivalent to our fees. However the initial payment represents an advance payment of your fees by the Guest which we collect on your behalf. Notwithstanding that we collect the initial payment on your behalf, we reserve the right to retain this payment in settlement of our fees and in such circumstances we shall not transfer (or otherwise pay) any money to you. You are obliged to pay our fees under this agreement without set-off, deduction or counterclaim.
3.8 The balance of the total rental price for the Accommodation will be paid directly to you by the Guest and you are responsible for collecting this from the Guest.
4.1 Our fees are payable whether or not a Guest cancels a Booking before they have stayed at the Accommodation. In that event we shall not be liable to you in any way and any refund to you of payment collected on your behalf and which is payable for our Services shall be at our absolute discretion.
4.2 If a Guest cancels a Booking you should inform us as soon as possible so that we can update our records and make your Accommodation available for new bookings for the relevant dates.
4.3 If you cancel a Booking for any reason whatsoever you will be liable to pay our fees. If we are required to refund a Guest on your behalf as a result of you cancelling a Booking then we reserve the right to charge you for the fees we should have received in respect of the Booking plus an additional charge of 30% of the total price for the Booking to cover our administrative costs in dealing with the cancellation and refund.
4.4 For the purposes of clause 4.3, you will be deemed to have cancelled a Booking if you cannot be contacted and/or the Accommodation cannot be accessed on the day the Guest's rental period starts. In such circumstances, we may seek to find alternative accommodation for the Guest but in any event clause 4.3 will apply and you will be liable for our fees and an additional cost as described.
5. The Accommodation
5.1 Before any rental of the Accommodation you must ensure that the Accommodation is tidy and sufficiently clean.
5.2 You must provide bed linen and towels.
5.3 You must provide the Guest with all additional items that you may have agreed to provide as part of the Booking. You may not charge for these additional items if they were not included in the total price quoted to the Guest before the Booking was confirmed (unless agreed to by us otherwise).
5.4 Before any rental of the Accommodation you must ensure that the Accommodation complies with all relevant Health & Safety Regulations (“Regulations”). As a Host of a Accommodation letting to a third party as a business you are under various obligations with respect to health and safety. In particular you are responsible for compliance with Regulations which require that:
5.4.1 gas appliances are properly and regularly maintained,
5.4.2 furniture is appropriately fire retardant,
5.4.3 electrical appliances and outlets are safe,
5.4.4 smoke and carbon monoxide alarms are installed,
5.4.5 the Accommodation is safe and fit for occupation generally.
5.5 You warrant that you own the Accommodation or that you are authorised to arrange lettings of the Accommodation to Guests. If you are in any doubt you should check the terms of your lease, mortgage deed and/or freehold title to ensure that you are able to provide short term holiday lettings or of the kind envisaged by this agreement and/or your agreement with Guests. If the authority under which you may arrange lettings of the Accommodation lapses or is withdrawn and you must cancel Bookings as a result then we shall not be liable to the Guest in any way and you shall be responsible for any refund to which the Guest may be entitled.
6. Your obligations
6.1 You must:
6.1.1 Honour all Bookings with Guests;
6.1.2 Provide your Accommodation in line with the details presented on the Website (including the description and photographs of the Accommodation);
6.1.3 Ensure that all information about you and your Accommodation that you provide to us for inclusion on the Website is true and accurate in all respects and could not in way be construed as misleading to a Guest;
6.1.4 Provide any additional services to Guests in relation to the Accommodation using all reasonable care and skill;
6.1.5 Deal with all Guests in a professional and courteous manner and in such a way as to not cause any harm or damage to the reputation of Edlets;
6.1.6 Deal with all queries from Guests relating to a Accommodation in a prompt and satisfactory manner;
6.1.7 Be available to meet Guests and give them access to the Accommodation at the times agreed with the Guest and ensure that Guests can contact you or your manager throughout their Booking;
6.1.8 Not, before a Booking has been confirmed, contact any Guest other than through the procedures for a Booking set out in these terms and must not attempt to contact Guests or potential Guests directly by providing phone, email or other contact details on the Website or otherwise;
6.1.9 Not complete any Bookings with Guests introduced to you through us or our Website other than through our Website and in accordance with these terms.
7. Our relationship with you
7.1 After we have received the initial payment from a Guest and confirmed their Booking it will be your responsibility to deal and correspond with Guests but we will use reasonable endeavours to answer any queries from Guests about you or your Accommodation or will re-direct Guests who come to us with such queries to you. However we will not be responsible if any Guest who has made a Booking subsequently cancels the Booking due to any misunderstanding or information that they may not have received about you or your Accommodation.
7.2 We may at any time either before or during the time when your Accommodation is on the Website inspect your Accommodation to ensure that the Accommodation complies with the description and images you have provided us with. We reserve the right to refuse to advertise your Accommodation should our inspection reveal that you or your Accommodation do not meet the standards we expect from our Hosts. Furthermore we reserve the right to cancel any future Bookings that have not already been fulfilled by a Guest at the time we find your Accommodation to be in an unsatisfactory condition.
8.1 We may refer to you or your Products at any time in the future to publicise ourselves or our website.
8.2 We agree that you may refer to us and our Website and the fact that you have or will have a Accommodation (or properties) published on our Website either on your own website or in any other advertising materials that you may use. We reserve the right to withdraw this right at any time and if we notify you that we wish you to stop referring to us you will cease referring to us with immediate effect.
9.1 Either party may terminate this Agreement at any time but upon termination you agree to honour any outstanding Bookings. From the date of termination we will not confirm or accept any new Bookings for the Accommodation but the Agreement will continue in respect of those outstanding Bookings (subject to clause 9.5).
9.2 In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.
9.3 We will be entitled to terminate this Agreement immediately if:
9.3.1 you are in material breach of any of the terms of this Agreement; or
9.3.2 we receive any complaints about you or your Accommodation;
9.3.3 you do anything to put our goodwill or reputation at risk; or
9.3.4 you refuse to allow a Booking to proceed after a Booking has been made in accordance with this Agreement (in addition to our rights under clause 9.5); or
9.3.5 you refuse to cooperate with us in respect of this Agreement.
If any Bookings are outstanding on termination by us under this clause 9.3 then clause 9.5 will apply.
9.4 In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing Bookings or the consequences of any previous Booking (including terms relating to fees, liability and damage).
9.5 In the event that:
9.5.1 this Agreement is terminated by you and existing Bookings cannot proceed under clause 9.1 9.1 (e.g. because you sell the Accommodation or let the Accommodation on a long-term basis); or
9.5.2 this Agreement is terminated by us under clause 9.39.3 while there are existing Bookings; or
9.5.3 you refuse to allow any Booking which has been made in accordance with this Agreement to proceed;
then you will be fully liable to us (under the terms of this Agreement) for all associated costs, charges, damage and liability which we may incur as a result and you agree to indemnify us on a continuing basis in respect of any such cancelled Booking. Furthermore, you agree that we may transfer a cancelled Booking and provide a Guest with different accommodation on our Website and any initial payment received from the Guest in respect of the cancelled Booking shall be deemed to have been made in respect of the new accommodation and retained by us accordingly.
9.6 You should be aware that you may also be liable to the Guest (under the Accommodation Terms or such other terms as you may have agreed with them) for any associated costs, charges, damage and liability which the Guest incurs as a result of any of the events described in clause 9.5, including the cost of supplying the Guest with alternative equivalent accommodation.
10. Your liability
10.1 You will be liable to us for any loss or damage we may suffer or incur in respect of any breach by you of the terms of this Agreement howsoever caused.
10.2 You agree to indemnify us for any loss or damage we may suffer or incur as a result of any Guest bringing a claim against us or taking any action against us whatsoever (including any action before a formal claim is issued) as a result of:
10.2.1 your breach of the terms of this Agreement; or
10.2.2 any misdescription by you of the Accommodation or the provision of any information that is untrue, inaccurate or incomplete; or
10.2.3 your breach of the Accommodation Terms; or
10.2.4 any failure by you to honour a Booking; or
10.2.5 your actions in relation to any Guest including any act or omission by you in relation to the Accommodation.
10.3 You should be aware that you may also be liable to the Guest for any loss or damage it may suffer or incur as a result of:
10.3.1 your breach of the Accommodation Use Terms; or
10.3.2 your actions in relation to any Guest including any act or omission by you in relation to the Accommodation.
10.4 If we or a Guest cancel a Booking as a result of your breach of any of the terms of this Agreement then you are liable for the fees we should have received in respect of the Booking plus an additional charge of 30% of the total price for the Booking to cover our administrative costs in dealing with the cancellation and refund.
11. Our liability
11.1 We will not be liable to you in the event of a claim by a Guest against you unless this arises due to our negligence and, for the avoidance of doubt, we shall not be required to return any money received by us under this Agreement to either you or the Guest in such circumstances.
11.2 We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
11.3 We will not be liable to you for any losses you may incur as a result of the Guests stay at your Accommodation or a Guest’s breach of the Accommodation Terms. For the avoidance of doubt, we shall not be liable fo any losses you may incur as a result of fraud on the part of a Guest.
11.4 Our liability to you for all losses under this agreement (subject to any liability in accordance with clause 11.6 below) is capped at the total fees paid by you to us (in accordance with clause 3.2 or otherwise) under this Agreement.
11.5 No claim may be brought against us in relation to this Agreement more than 12 months following the date on which your Accommodation to which such claim relates was last promoted on our Website.
11.6 Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence.
12. Intellectual property
12.1 We own all intellectual property rights in and to the advertising copy and images created by us to promote your Accommodation.
12.2 If you supply any copy, images or other material to us in order to promote the Accommodation you must ensure that we are free to use any such material on our Website and in promotional emails and you agree to indemnify us on a continuing basis against any costs, claims, liabilities or expenses which we suffer or incur in the event that any claim or allegation is made against us alleging that any use by us of such material amounts to infringement of any intellectual property rights of any third party.
You shall be responsible for all taxation liabilities in respect of any and all monies you may receive as a result of renting your Accommodation out. You shall indemnify us against all losses, claims, demands, awards, penalties, interest and expenses incurred or made against us in respect of such liabilities.
14. Data Protection
The parties hereby undertake to comply with the provisions of the Data Protection Act 1998 and any related legislation insofar as the same relates to the provisions and obligations of this Agreement.
15.1 Each party agrees with the other not to divulge or allow to be divulged any confidential information relating to the other’s business or affairs other than to its employees, associates or contractors who are subject to appropriate non-disclosure undertakings (if required), or where the other party has consented to such disclosure or where required by law to make such disclosure. Either party may upon termination of this Agreement require by notice in writing to the other party the destruction or return of any confidential material in that party’s possession or control. The confidentiality obligation set out here shall expire 3 years after the expiry or termination of the Agreement.
15.2 You agree that we may monitor and record phone calls and messages sent via email or via our messaging system on the Website. This is done for training purposes and to help us improve our service. We may also use call recordings or emails as evidence in the event of a dispute or if we suspect any fraud may have been committed.
16.1 Each of the parties warrants its power to enter into the Agreement and has obtained all necessary approvals to do so.
16.3 Any notice to be served on either of the parties by the other shall be sent by pre-paid recorded delivery, registered post, fax or email to the address of the relevant party shown on at the start of this Agreement or such other physical or electronic address as may be notified by one party to the other.
16.4 No term of the Agreement will be enforceable by virtue of the Contract (Rights of Third
Parties) Act 1999 by any person that is not a party to it.
16.5 We will be entitled to assign or sub-contract our obligations under this Agreement.
16.6 Both parties shall be released from their respective obligations in the event of national emergency, war or if any other cause beyond the reasonable control of the parties or either of them renders the performance of the Agreement impossible.
16.7 Each party acknowledges that the Agreement(as varied) and the conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.
16.8 If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
16.9 No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.
16.10 Headings contained in this Agreement are for reference purposes only and should not be incorporated into this Agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
16.11 This Agreement may be executed in any number of counterparts and by the parties to it on separate counterparts, each of which will be an original and all of which together shall constitute one instrument. This Agreement shall not be effective until each of the parties has executed at least one counterpart.
16.12 This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.