Owners - Terms and Conditions

Introduction

Your B&B runs and maintains the Website. The parties agree that Your B&B will advertise the Property on the Website in return for the Booking Commission.

Definitions

Booking Commission is calculated at 5% inc. VAT of the Full Rental Price;

Bookings means the reservation of the Property by a Guest as accepted and facilitated by Your B&B;

Full Rental Price is the total price paid by Guests to the Owner for the rental of the Property, this price to be determined by the Owner alone;

Guests means those people who make Bookings for the Property through Your B&B;

Property means all accommodation listed in the Schedule to this agreement;

Your B&B means the Kingfisher Barn Ltd, trading as Your B&B, registered in England and Wales under number 2689174 whose registered office is at Kingfisher Barn, Rye Farm, Abingdon, Oxon, OX14 3NN;

Website means www.your-bandb.co.uk.

Your B&B Calendar means the online diary provided by Your B&B to the Owner which records the dates for which the Property is available for Bookings.

Obligations and Responsibilities of the Owner

The Owner authorises Your B&B to advertise the Property on the Website and to accept Bookings for the Property.

The Owner warrants to Your B&B that it owns or has the right to exclusive occupation of the Property and that it is entitled to offer the Property for rental.

The Owner agrees to keep Your B&B fully up to date with bookings taken by themselves and with dates on which the Property is unavailable to book for whatever reason and to keep the Your B&B Calendar for the Property up to date at all times.

The Owner will supply Your B&B with accurate and up to date information on the Property to allow Your B&B to advertise and book the Property in a professional and effective way. The Owner acknowledges that Your B&B has not visited the Property and is reliant on the Owner's description of the Property.

The Owner must own the copyright of any photographs or images of the Property supplied to Your B&B and the Owner authorizes Your B&B to use the photographs or images on the Website.

The Owner will ensure that the Property is available to Guests as described on the Website.

The Owner recognizes that Your B&B may also facilitate the booking of other properties that may compete with the Bookings of the Owner's Property. The Owner acknowledges that no commitment is given as to the number of Bookings that will be taken by Your B&B via the Website nor as to the level of promotion of the Owner's Property compared to the promotion of the properties of other individuals who have entered into agreements similar to this one with Your B&B.

The Owner will fulfill the rental of the Property in accordance with the Conditions of Hire which have been supplied by Your B&B.

The Owner will honour any Bookings for the Property made by Your B&B. If the Owner sells the Property, the Owner will ensure that the purchaser of the Property will honour any Bookings.

The Owner will deal with Guests in a professional manner at all times, including when dealing with complaints.

The Owner will comply with all legislation required by law for self-catering holiday and bed and breakfast accommodation.

The Owner will insure the Property for the use of the Property by Guests and the Owner will take out insurance against claims brought by Guests for personal injury, death, loss or damages. The Owner will provide Your B&B with copies of the certificates of insurance on request.

Obligations and Responsibilities of Your B&B

Your B&B will advertise the Owner's Property on the Website and take Bookings for the Property for the Owner.

Your B&B will at all times keep the Your B&B Calendar up to date with Bookings made by Guests.

Your B&B will make clear to Guests that Bookings for the Property are made subject to the Owner's Terms and Conditions of Hire. However if the owner does not have their own Terms and conditions those of Your B&B will be used as standard

Details of Prices set out on the Website

Your B&B will advertise the Full Rental Price specified by the Owner on the Website, as well as any additional charges which may be incurred by Guests. All prices specified by the Owner must also be stated to be inclusive of VAT.

The Owner must provide Your B&B with details of the Full Rental Price and of any additional charges which may be incurred. The Owner must give Your B&B one month's written notice of any changes to the Full Rental Price or to additional charges. Any Bookings accepted before the price changes take effect will be honoured by the Owner and Your B&B.

Bookings

Your B&B shall notify the Owner by email as soon as a Booking is made via the Website for the Owner's Property. The Owner shall confirm receipt of notification of the Booking within 24 hours of the notification.

Your B&B will as soon as practicable, arrange payment by Electronic Bank Transfer to the Owner for the Full Rental Price less the Booking Commission.

If for any reason the Owner is unable to make available the Property to a Guest during the period for which the Guest has made a Booking, the Owner will notify the Guest immediately in writing by first class post and by telephone or by means of email if this is possible. The Owner will send a copy of the letter to Your B&B immediately, and will contact Your B&B by telephone immediately to inform Your B&B of the situation. If the Owner is unable to offer the Guest alternative accommodation of at least the same standard as the Property booked by the Guest, or if the Guest does not approve of the alternative accommodation, the Owner shall refund the Full Rental Price to the Guest. In such circumstances, Your B&B will be entitled to retain the Booking Commission.

Your B&B and the Owner will keep records of all Bookings made directly or indirectly through the Website and will make these records available to the other party on request.

Booking Commission

Your B&B will be entitled to the Booking Commission in respect of each Booking taken directly via the Website. This excludes the bookings made by the Owner.

If the Owner is unable to accept a Booking for reasons other than a direct action or omission of Your B&B, the Booking Commission will still be payable.

Liability

Your B&B shall have no liability to the Owner for any direct or indirect, special or consequential loss of the Owner arising out of or in connection with advertising on the Website and Bookings taken via the Website caused by circumstances outside the control of Your B&B. Your B&B will indemnify the Owner for any loss or damage for personal injury or death caused to any person by any act or omission of Your B&B in connection with this agreement. The total liability of Your B&B to the Owner in respect of any individual Booking shall not in any case exceed the Booking Commission.

The Owner indemnifies and will keep Your B&B indemnified against any liability arising from any breach or alleged breach of this agreement.

If Your B&B Becomes aware of any circumstances that may give rise to a claim, Your B&B will inform the Owner of these circumstances as soon as possible.

Term

The term of the agreement will be 12 months from the date of agreeing to these terms and conditions of this agreement and joining, unless otherwise stated.

Termination of the agreement

This agreement may be terminated by either party serving one month's written notice on the other.

Your B&B may terminate this agreement by serving written notice on the Owner if:

There is any reasonable cause for concern by Your B&B over the conduct of the Owner or the Owner's staff
There is any reasonable cause for concern by Your B&B over the standard of the Property
The Owner goes into receivership
The Owner has a bankruptcy petition presented against him

The Owner may terminate this agreement by serving written notice on Your B&B if Your B&B is subject to an administration order or goes into administration.

Either party may terminate this agreement by serving written notice on the other if the other party breaches one of the terms of this agreement where that breach being capable of remedy and the breach is not remedied within fourteen days of the date of the breach, Following termination of this agreement for any reason, the provisions of this agreement shall remain in full force and effect in relation to all Bookings taken before the date of the termination, and any rights or obligations which accrued prior to termination shall subsist.

General

Your B&B and the Owner agree that any legal procedures will be subject to the jurisdiction of the Courts of England and Wales.

This agreement is the entire agreement between Your B&B and the Owner. No change, amendments or modifications of any provision of this agreement shall be valid unless in writing and signed by both parties.

The failure of either party to exercise a right provided herein shall not constitute a waiver of it.

Any notice between the parties shall be sent by prepaid special delivery to the address on this agreement and will be deemed to have been received 72 hours after posting.

For the purpose of the Contracts (Rights of Third Parties) Act 1999, it is agreed that nothing in this agreement shall confer on any third party any right to enforce or enjoy the benefit of any term of this agreement.

The Owner acknowledges that by entering into this agreement he does not do so on the basis of and does not rely on any representation, warranty or other provision except what is expressly provided herein and all conditions, warranties or other terms applied by statute or common law are excluded to the fullest extent permitted by law.

Neither party will disclose to any third party any information supplied to or obtained by them about the other. On termination of the agreement any information deemed to be confidential by one party must be returned to the other on request.