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Terms and conditions

Terms and conditions

What's covered in these terms

We know it's tempting to skip these Terms of Service, but it's important to establish what you can expect from us as you use Booking Brain/The Best of Exmoor services, and what we expect from you.

All owner's who accept bookings to their property from Booking Brain/The Best of Exmoor acknowledges the terms as follows:

On the terms and conditions which follow.

PLEASE READ THIS CAREFULLY.

1. The agent will provide a marketing and booking service, i.e. he will:

  1. a) Provide consultation and advice to the owner on aspects of the holiday letting as required.
  2. b) Use reasonable endeavours to promote the property, including advertising online.
  3. c) Enter into correspondence with customers and generally act in the management of bookings for the property in all respects, including receiving enquiries, making new reservations, confirming bookings, sending final invoices and arrival information.
  4. d)Keep accurate and up to date records in respect of the property and notify the owner of all new bookings via email.

2. The owner authorises the agent to:

  1. a) Arrange lettings of the property upon the terms laid down in the agent's customer booking conditions.
  2. b) Collect payments from customers for their booking, and damage deposits if applicable.
  3. c) Increase rents if, in the agent's view, this will realise increased revenue.
  4. d) Offer discounts if, in the agent's view, this will obtain a booking for a period that would not otherwise be let.
  5. e) Allow / not allow customers to bring their pets to the property.
      i) If pets are permitted this is only by prior arrangement. The maximum number of pets the owner will allow in the property at one time is
  6. f) On request, provide the name and address of the owner of any property which the customer has booked.

3. The owner is responsible for ensuring that:

  1. a) The property will be in a satisfactory condition during the period that the customers stay at the property, this includes making the necessary arrangements regarding the cleaning, gardening and general maintenance of the property between each tenancy.
  2. b) Clean bed linen will be provided for each booking.
  3. c) The property will be available for the customer from 4 pm on the day of arrival until 10 am on the day of departure (unless otherwise agreed in writing).
  4. d) The necessary reception arrangements are made for customers and the provision of emergency contact details are made.
  5. e) All rates, mortgages, taxes and other outgoings relative to the property are paid in order to ensure the continuance of all services and the availability of the property.
  6. f) The property and its contents are fully insured;
    1. i) The insurance policy must protect against public liability.
    2. ii) The insurance company must be informed that the property is let for holidays.
    3. iii) Proof of such insurance cover must be provided upon the agent's request and within a reasonable time frame.
  7. g) Details regarding the property's facilities and services are prepared with due care and attention and provided to the agent for the purposes of marketing the property. The agent will consider the information provided and reserves the right to make editorial changes to the details before publication on the website or elsewhere, however it remains the responsibility of the owner to check the accuracy of the content and inform the agent if the details are incorrect or misleading.

4. The owner agrees with the agent:

  1. a) That the property will be available and ready in all respects for letting unless otherwise advised.
  2. b) To meet the standards agreed with the agent and inform the agent in writing as soon as practicable of any changes to the property or the facilities available.
  3. c) The cost of heating and electricity is included in the price of the rental.
  4. d) To deal promptly and efficiently with any complaint, dispute and/or dissatisfaction by the customer in relation to the property and/or the facilities.
  5. e) To update the online booking system with any periods that they require the property for their own use to ensure the online calendars are always up to date.
    1. i) If the owner fails to update the online booking system which results in a new reservation being cancelled, the owner may be subject to a cancellation fee if you cancel more than once in a six-month period. Please try to avoid this at all costs due to the upset caused for the guests.
    2. ii) If a host cancels 3 or more reservations within 12 months, we may deactivate the listing.
  6. f) To honour bookings arranged by the agent and allow tenants peaceably to occupy and enjoy the property.
  7. g) To act dutifully and in good faith at all times in relations with the agent and not bring the agent into disrepute.

5. The owners warrant that:

  1. a) They have the rights to the property.
  2. b) They will supply copies of Electricity Safety Certificates to the agent on request.
  3. c) Each gas appliance to which the Gas Safety Regulations apply is checked for safety at intervals of not more than 12 months by, or by an employee of, a member of a class of persons approved for the time being by the Health & Safety Executive, and keep appropriate records.
  4. d) They will ensure that all furnishings and fittings in the property comply with current Fire Safety Regulations.
  5. e) For properties with an open fire or wood-burner, they will have the chimney(s) swept at least every 12 months.

6. The agent will receive payments from customers on behalf of the owner. Payment will be released by the agent on a weekly basis after the guest has arrived. Payments will be made at the beginning of the week, for arrivals between Monday to Sunday of the previous week. The payment will be the full amount the guest has paid for the accommodation, less 16% plus VAT which will be retained by the agent as commission. The agent will maintain records of all transactions and provide a weekly statement to the owner by email, whenever a payment is sent.


7. For owners that wish to obtain a damage deposit, the agent will retain this deposit until after the customers stay. The owner must inform the agent within 24 hours of the customer's departure if they feel there is due cause to retain all or part of the deposit, above and beyond normal wear and tear. If no contact is made within the 24 hour period, the damage deposit will be refunded in full to the customer. Any damage deposit monies retained by the agent will be paid to the owner. In the event of any disputed appropriation of the damage deposit, the owner shall resolve matters directly with the customer.


8. The agent does not accept liability for loss or damage suffered by the owner in connection with this contract (including without limitation, loss or damage to the property), save for matters which arise as a direct result of the agent's willful misconduct, negligence or breach of the contractual duty to exercise care in providing the services under this agreement. The agent warrants that it will exercise reasonable skills and care in the provision of services under this agreement. The agent makes no warranty as to the number of lettings and/or the rate of return to be achieved in any year.


9. The owner shall indemnify the agent against any claims, liability, loss, fines and/or penalties suffered or incurred by the agent in respect of:

  1. a) Customer dissatisfaction and/or wrongful retention of damage deposits (where applicable).
  2. b) Loss of reputation by the agent as a result of the owner failing to meet the standards required of a reasonable and prudent operator or breach of any of the owner's obligations under this agreement.
  3. c) Damage to the property.
  4. d) Death or personal injury to the customer and/or their guests.

10. If a dispute arises in connection with this agreement the agent and the owner will attempt in good faith to resolve it by negotiation. If the dispute cannot be resolved by negotiation, the services of a mediator will be sought. If the matter is not resolved by the mediation procedure it will be referred to the English Courts, unless otherwise agreed by both the agent and the owner in writing.


11. Force majeure: the obligation of each party under this agreement will be suspended and to the extent that the party is prevented or hindered from complying with them by any cause beyond their reasonable control, including but not limited to war, strike, riot, crime, fire, flood, earthquake or hurricane. In this event, notice must be given to the other party as soon as reasonably possible. The obligations will resume as soon as reasonably possible after the removal of the cause.


12. The agreement does not indicate a partnership, joint venture or another similar arrangement.


13. This agreement is terminable by either party, notice must be given in writing with 3 month notice. In the event of such notice, all existing commitments at that time will be honoured and the relevant provisions of this agreement will continue to apply.

  1. a) If the owner ceases letting the property (for example, due to sale of the property, or any other reason) and wishes to cancel future bookings, the commission for any booking that will be cancelled will remain payable to the agent.
  2. b) Service provider:
    Booking Brain/The Best of Exmoor services are provided by, and you're contracting with:

    The Best of Exmoor LTD
    Chapel Knap
    Porlock Weir
    Somerset TA24 8PA