Owners Terms and Conditions
Your Cottage's role is to run and maintain the Website. The parties agree that Your Cottage will advertise the Property on the Website in return for an annual membership Fee.
These Terms and Conditions supersede all previous versions.
- 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 coming from Your Cottage
- Property: means all accommodation listed in the Schedule to this agreement
- Your Cottage: means Your Cottage Limited, registered in England and Wales under number 06632879 whose registered office is at PO Box 546, Farnham, Surrey, GU91DH
- Website: means www.your-cottage.co.uk
Obligations and Responsibilities of the Owner
The Owner authorises Your Cottage to advertise the Property on the Website.
The Owner warrants to Your Cottage 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 will supply Your Cottage with accurate and up to date information on the Property to allow Your Cottage to advertise the Property in a professional and effective way. The Owner acknowledges that Your Cottage 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 Cottage and the Owner authorizes Your Cottage 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 Cottage may also facilitate enquiries for 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 enquiries that will be generated by Your Cottage 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 Cottage.
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 Cottage with copies of the certificates of insurance on request.
Obligations and Responsibilities of Your Cottage
Your Cottage will advertise the Owner's Property on the Website in a professional manner.
Your Cottage will make clear to Guests that Bookings for the Property are made subject to the Terms and Conditions of The Owner of the property, and that the guesst must contact the owners direct to make bookings.
Details of Prices set out on the Website
Your Cottage 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 Cottage with details of the Full Rental Price and of any additional charges which may be incurred. The Owner must give Your Cottage 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.
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. 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.
Your Cottage 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.
The term of the agreement will be 12 months from the date of agreeing to the terms and conditions of this agreement and the property listing being published, 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 Cottage may terminate this agreement by serving written notice on the Owner if:
The details of the property listing contain information that is not condusive to the business of Your-cottage.co.uk
There is any reasonable cause for concern by Your Cottage over the conduct of the Owner or the Owner's staff
There is any reasonable cause for concern by Your Cottage 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 Cottage if Your Cottage 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.
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.
Your Cottage 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 Cottage and the Owner. No change, amendments or modifications of any provision of this agreement shall be valid unless in writing with 21 days notice.
The failure of either party to exercise a right provided herein shall not constitute a waiver of it.
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.