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:
PLEASE READ THIS CAREFULLY.
1. The agent will provide a marketing and booking service, i.e. he will:
2. The owner authorises the agent to:
3. The owner is responsible for ensuring that:
4. The owner agrees with the agent:
5. The owners warrant that:
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:
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.