This Contract is between
Hotel Design Limited trading as Online Holiday Villas (OHV), 91 Lilliput Road, Lilliput, Poole, Dorset, BH14 8JX
(name to go here)
(i) promote your home (s) via Online Holiday Villa's web sites and any other relevant marketing outlets.
(ii) collect monies via credit/debit card, Paypal and any other appropriate methods from guests renting your home either via our web sites, or directly with you.
1.1 Online Holiday Villas will provide access to the membership area within its site, and will promote your home on any of its group of sites for the agreed level of commission as stated below.
1.2 Online Holiday Villas will be marketing other properties who are in direct competition to your own property. You will be informed of the basis with which prioritisation is achieved on the search facility provided on our web sites.
1.3 Online Holiday Villas contract is with you for marketing your property, and is not with the 'guest' for the provision of accommodation. The contract for the provision of accommodation is between You and the 'guest'.
2.1 Online Holiday Villas will maintain a 'client account' for the holding of all monies taken on our guests behalf. This account will be 'ring fenced' and will not be used by Online Holiday Villas for any transactions other than paying villa owners, or paying Online Holiday Villas their commission.
3.1 Online Holiday Villas will contact you once as soon as any monies is received into the 'client account' from the credit card provider, Paypal etc for the rental of your property
3.2 Online Holiday Villas will then instigate an transfer of the monies due to you as outlined in (3.1) as soon as it has cleared and Online Holiday Villas have been provided with your bank account details. Assuming no delay on your behalf in providing us with the required bank information, and no issues with the guests payment, the money should be transferred into your account within 7 working days of it having been paid by the guest.
3.3 Online Holiday Villas shall pay all monies owed to you either by cheque or via electronic transer (at the discretion of Online Holiday Villas) to the bank account as directed by you, the villa owner. All payments will be made in the currency in which it has been received (either Sterling or US Dollars).
3.4 Online Holiday Villas payment system can be used by you to collect monies for bookings not sourced via Online Holiday Villas, and these payments will fall within the normal Online Holiday Villas payment timings.
3.5 Any transaction charges arising from the collection of monies via credit/ debit/ charge card, Paypal etc will be debited from the payment passed onto you. Online Holiday Villas will endeavor to negotiate the best possible terms. The current fee Online Holiday Villas will have to add on for these charges is 5%, it is anticipated this will change, and you will be notified of changes as soon as they take place.
3.6 Online Holiday Villas can not accept any responsibility for the non-payment of any balance by Customers nor for the collection of cancellation charges that are stipulated within your terms and conditions.
4.1 It is agreed that, subject to any subsequent contracts (eg 3 month, 0% commission offer) we (Online Holiday Villas) will deduct commission at the rate of 5% from all payments, other than the Security Bond, taken via our payment system on your behalf. The commission will be deducted at the point of payment into your bank account.
4.2 The commission fees are not currently subject to VAT, however, this position WILL change in the near future, and we will give you at least one months notice of the change.
5.1 In the event of cancellation by the guest, Online Holiday Villas will not charge its commission.
5.2 In the event of a cancellation by you, for what ever reason, Online Holiday Villas WILL charge its commission. AND you will be liable to a £100 cancellation fee, part of which will be refunded to the disappointed guest.
5.3 If payment has been made to you for the booking, prior to the cancellation, Online Holiday Villas will deduct the amount of the refund (and cancellation fee as outlined in ) from your next payment. The refund policy will be that set by you in your terms and conditions when you registered with Online Holiday Villas. If there is not enough money due to you in your next statement, then an invoice for the difference will be forwarded to you, and you agree to pay this invoice by return.
5.4 If you cancel a booking, Online Holiday Villas will endeavor to find the guest alternative accommodation, this will have no impact on the Cancellation Fee you will be charged as listed in item (?).
6.1 The level of Security Bond is set by you at the time of registration. Online Holiday Villas will collect the money for you at the point of collecting the initial deposit. The Security Bond will then be forwarded to you (no commission will be charged by Online Holiday Villas, but, any credit/ debit/ Paypal etc charges added to the Security Bond when it is taken from the guest) during the normal payment cycle.
6.2 You will be responsible for refunding the Security Bond to the guest upon satisfactory completion of the rental, Online Holiday Villas will not be involved in this process.
7.1 Online Holiday Villas will require evidence of your ownership of the Accommodation in the case of owners, an example of this would be the 'Close certificate' or a utility bill, clearly showing the properties address, your name and your home address as per your registration details before any rental income will be paid to you.
7.2 In the case of Management/ Marketing Agencies, Online Holiday Villas will require evidence that you have been given the right to market the property by the rightful owners.
7.3 Online Holiday Villas will require proof of ownership/ agency to be provided on a 6 monthly basis.
7.4 Online Holiday Villas reserves the right to withhold all monies prior to the completion of the rental if insufficient proof is provided or if Online Holiday Villas has reason to believe there is a risk of fraud.
8.1 Online Holiday Villas are not party to your contract with the 'guest' for the provision of accommodation, and therefore we take no responsibility for the condition of your villa, we will make it clear to guests that the accommodation belongs to you, and the contract of rental is between you and the guest. It is therefore your responsibility to ensure:-
8.11 Your Accommodation complies with all applicable national, local, trade and other laws, regulations and codes of practice and that you can provide the relevant certificates to prove compliance.
8.12 You hold all necessary licenses and permissions required by applicable national and/or local law in relation to the Accommodation.
8.13 You confirm that you own the Accommodation and/or have been entitled to enter into this contract with Online Holiday Villas.
9.1 You are responsible for the descriptions, photographs, prices etc relating to your Accommodation(s). You will also be responsible for ensuring that it is, and remains, an accurate representation of the property being offered. Online Holiday Villas accept no responsibility for the accuracy and legality of your statements and we reserve the right to remove any property if we believe that inaccurate or misleading information, photographs or other illustrations are being provided on the website.
9.2 The prices entered by you at the point of registration will be those used by the system. You retain the right to alter these at any point, BUT, the rates that applied at the point of booking will be the rates that will apply for the rental.
9.3 You will maintain your bookings calendar, and regularly check that it remains accurate. All bookings made by you anywhere other than through Online Holiday Villas must be marked on the calendar. Online Holiday Villas will use this booking calendar to ascertain when your home is available, and will then accept bookings on your behalf for these periods. We will contact you to inform you of a booking, if you confirm that your home is available, and payment is taken from the guest, any subsequent cancellation will incur the fee as outlined in item 5.2.
9.4You will upload the relevant terms and conditions for your property at the point of registering. You retain the right to alter the Terms and Conditions for your property at any time, however, the Terms that applied at the point of the booking will be the Terms that apply for the rental
9.5 Queries about your property will be sent to you direct, and you agree to respond as promptly and honestly as possible.
10.1 All Customers who book your Accommodation via Online Holiday Villas shall have a direct contract with you for the provision of accommodation and you shall accept liability for that contract. Online Holiday Villas will not be a party to this contract in any way.
10.2 Online Holiday Villas shall not be liable to you or any Guest for any loss/damage no matter how it is caused, what extent it is, or whether it arises directly or indirectly from Online Holiday Villas actions.
11.1 This contract can be terminated by Online Holiday Villas giving written notice (including by email) with immediate effect on
11.11 you breaching the terms outlined in this contract.
11.12 on giving you one months notice in writing.
11.2 You can terminate this contract by giving one months notice in writing (including by e mail).
11.3 In the event of this contract being terminated all bookings previously made will belong to you. Any outstanding monies due to you from the guest will not be collected by Online Holiday Villas, and will become your responsibility. We will contact the guest to inform them of the change in circumstance.
12.1 Online Holiday Villas reserve the right to use the customers' personal data for marketing purposes in ways permitted by law (Data Protection Act). This will be the case whether we obtained the customer for you, or you obtained the customer direct.
12.2 You will also be responsible for processing all such data in compliance with the obligations of a Data Controller under the Data Protection Act 1998 and any amendments thereto.
13.1 This contract shall be governed by English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute.
14.1 We reserve the right to make any modification to these terms and conditions. We will contact you in writing (including e mail) with 30 days notice of any alteration. Any changes will only be applicable to new bookings taken after the 30 days notice period has lapsed. The only exception to this, is alterations made to the fees charged (and therefore passed on to you) for the collection of monies via Credit/ Debit/ Charge card, Paypal etc. Any changes to the these fees will be passed on with immediate effect.