The Business Bits
This Agreement applies when Hello Ted Ltd (“Agent”) whose company number is 12061002 is appointed as the managing Agent. The Agreement forms the basis of the Owner/Host’s contract with the Agent so please read them carefully before signing.
“Accommodation Fees” means the total amount due from a guest in respect of a booking of the Property (excluding a pre-authorised Security Deposit);
“Agent” means Hello Ted Ltd
“Agreement” means all clauses set out in these Terms and Conditions and incorporating the signature page headed ‘Terms of Business’. The combination of both the ‘Agreement’ and ‘Terms of Business’ should be interpreted as one in the same and constitutes a legally binding agreement between Owner/Host and Agency
“Available Periods" means the periods of time during which the Property is available for occupation.
“Base Rate” means the set nightly rate which is increased and decreased upon according to seasonal, event, and local demands.
“Booked Periods” means the periods of time during which the Property is occupied or due to be occupied by a Guest.
“Commission” means the agency fee payable in accordance with the selected package.
“Contract Period” means the fixed-term contract
“Deposit” means a payment by a guest to secure a booking of the Property.
“Final Balance” means the accommodation fees less the Deposit.
“Guests” means the person(s) who occupy the property
“Owner/Host” means the owner of the Property(s)
“Property” means the property(s) (and land, if any) to be a managed by the agent as specified in the Terms of Business
“Reserved Periods” means the periods of time during which the Property is reserved for use by the Owner/Host
“Security Bond” means a pre-authorised security bond received from a Guest to safeguard against possible damage to the Property.
“Services” mean the services provided by the agent in line with the package selection
1.1 Any reference in this Agreement to any statute or provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.2 The headings in this document are for convenience only and shall not affect its interpretation.
2. Appointment of Agent and Term
2.1 By signing the signatory page entitled ‘Terms of Business’ the Owner/Host hereby grants to the Agent the exclusive and sole right to provide the Services and requests that the Agent provides the Services which the Agent agrees to do in consideration for the payment of the commission during the Contract Period (as defined in section 9. ‘Duration and Termination’).
2.2 The Owner/Host undertakes not to instruct any other Estate Agents or Property Management Companies in connection with the Property(s) during the Contract Period.
2.3 The Owner/Host will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if bookings are made in the Contract Period during which we have sole rights to provide the Services, even if the guest was not found by us but by another agent or by another person, including yourself.
3. Authority of Agent
3.1 By instructing the Agent as the agent the Owner/Host grants authority to the Agent to act on the Owner/Host’s behalf to carry out the Services, acting as agents for the Owner/Host to appoint third parties to provide the Services to the Owner/Host or to sub-contract the provision of the Services to third parties.
3.2 The Owner/Host agrees to indemnify and keep fully indemnified the Agent on demand from and against all liabilities, costs, expenses, damages and claims incurred by or arising against the Agent of whatever nature in connection with this Agreement and/or the provision of the Services including without limitation the payment of third party expenses and fees and any claims by any Guests.
3.3 The Owner/Host further agrees that the Agent is authorised to retain a working float of £200 and can instruct works without obtaining prior authorisation in the event that emergency repair works are required. The Agent will notify the Owner/Host of emergency repair work at the earliest opportunity.
4. Duties of the Agent
4.1 The Agent shall use its best endeavours to promote and market the Property(s) and to obtain bookings of the Property(s) for short-term holiday lettings.
4.2 The Agent shall prepare content for the Property, including a written description and photographs at the agreed onboarding price, per property, unless images already exist which are deemed acceptable by Hello Ted. Once the particulars have been approved by the Owner/Host, the Agent shall add them to its database, website, social media sites, Airbnb and any other portals deemed required.
4.3 The Agent shall in relation to the Property describe itself as the Owner/Host’s agent.
4.4 The Agent shall act with all due care and diligence and in accordance with sound commercial principles.
4.5 The Agent shall keep the Owner/Host informed of conditions in the market and opportunities for the promotion and marketing of the Property.
4.6 Subject as provided in this Agreement and to any directions which the Owner/Host may from time to time properly give, the Agent shall be entitled to perform its duties under this Agreement in such manner as it may think fit.
4.7 The Agent shall carry out all changeover duties as specified in clauses; 5.5.1, 5.5.2, 5.5.3, 5.5.4.
4.8 The Agent shall carry out all financial duties as specified in clauses; 8.1, 8.2, 8.3, 8.4.
5. Provision of Services
5.1 The Agent will provide the Services as set out in this Agreement. These Services are based on the Property being left in a reasonable condition by the outgoing Guests. In the event that this is not the case and additional cleaning is required the Agent will seek to claim any additional costs from the Guest’s Security Bond.
5.2 In the event that the Owner/Host requests any additional services not included in the Services or the Agent informs the Owner/Host of the need for additional services above the cost limit then a quotation or estimate of works detailing a breakdown of costs will be provided to the Owner/Host for agreement.
5.3 The Owner/Host acknowledges that the Agent is not acting in any advisory capacity and does not accept any liability for compliance of the Property with statutory provisions in relation to certain matters including without limitation fire risk assessments and electrical testing. Where the Agent instructs relevant third parties to carry out such tests and assessments the Owner/Host is responsible for implementing such findings or expressly instructing the Agent to instruct a contractor to implement any findings and any third party contractor that the Agent instructs to carry out any such tests, assessments or works is instructed by the Agent in the capacity of agent.
5.4 In certain circumstances (e.g. structural concerns) where there is likely to be a requirement for extensive work involving high costs or liability then the Agent may at its discretion facilitate the introduction of the Owner/Host to a third party contractor so that the Owner/Host can deal direct with the third party contractor and have no further involvement.
5.5 Unless otherwise agreed the changeover services are as follows;
5.5.1 clean on departure of the interior of the Property, including all fixtures & fittings, surfaces, appliances, (except solid fuel fires), floor coverings and all windows/glazed doors, accessible without a ladder.
5.5.2 restock of toiletries including shampoo, conditioner, body wash, soap, and toilet paper.
5.5.3 laundering of all linens limited to those provisioned by the Agent
5.5.4 assessment of Property(s) for Guest damage enabling the Security Bond to be released or retained accordingly.
5.6 It is the Agent’s policy to clean the Property on departure of Guests. If there is a gap in bookings the Agent recommends that the Owner/Host instructs the Agent to clean again prior to new arrivals because there may be an accumulation of dust etc.
6.1 All Booked Periods shall be made at such prices and on such terms as the Agent shall reasonably determine as agreed with the Owner/Hosts and in accordance with the Base Rate and/or dynamic pricing.
6.2 The Agent shall enter into booking contracts and receive payments on the Owner/Host’s behalf.
6.3 If the Owner/Host cancels a Booked Period within 14 days of Guest arrival, the Owner/Host will incur a cancellation fee of £100 payable to the Agent to cover the booking portal cancellation fee. If at any time the cancellation fee is increased or decreased by the booking portal(s) the Owner/Host will only be charged by the Agent the raw cancellation cost.
6.4 If the Owner/Host cancels more than 1 reservation within 6 months, a fee of £50 per cancelled reservation is payable to the Agent to cover the booking portal cancellation fee. If at any time the cancellation fee is increased or decreased by the booking portal(s) the Owner/Host will only be charged by the agent the raw cancellation cost.
7. Rights and Duties of the Owner/Host
7.1 The Owner/Host may utilise Reserved Periods for their own use provided the Agent is given sufficient notification and does not coincide with Booked Periods.
7.2 The Owner/Host submits not the enter the Property at any point during a Booked Period or at any other time without providing 48 hours’ notice and utilising a Reserved Period.
7.3 The Owner/Host shall ensure that the Property and its fittings, fixtures and contents are kept in good and safe condition and repaired and replaced as necessary throughout the Contract Period. All the requisite certificates to be replaced annually.
7.4 The Owner/Host shall ensure that the Property is kept in good decorative order throughout the Contract Period.
7.5 Subject to compliance by the Agent with its obligations under this Agreement, the Owner/Host shall indemnify the Agent against any liability (including but not limited to all costs and expenses which the Agent may reasonably incur in defending any proceedings) which it may incur by reason only of its being held out as the Owner/Host’s agent.
7.6 The Owner/Host undertakes to comply with all legal requirements concerning fire, health and safety regulations and any other applicable regulations in line with the legal timelines and to comply in full with all current legislation governing insurance, public liability, electrical and gas safety regulations, fire and furnishing regulations, and all other legal requirements.
8. Financial Provisions
8.1 Under this Agreement the Agent shall pay the Owner/Host the total Accommodation Fees less cleaning charges, booking fees, and Commission in accordance with this Clause.
8.2 The total Accommodation Fees less the deductions, as set out above (Clause 6.1), are payable in arrears for all bookings accommodated in the previous month.
8.3 The Agent shall, once monthly on or before the 7th in arrears of each calendar month send to the Owner/Host;
8.3.1 A statement setting out, in relation to the Property(s) all final balances on accommodated bookings in the previous month
8.3.2 Pay the amount, less the Agent’s Commission and cleaning charges into the Owner/Host’s bank account as provided at the onset of this Agreement
8.4 The Agent shall keep detailed records and accurate accounts of all financial transactions relating to the Property and shall at the reasonable request of the Owner/Host permit the Owner/Host or its duly appointed representatives to inspect all such records and accounts and take copies thereof at all reasonable times (but not exceeding once every 3 months).
8.5 All sums payable under this Agreement are exclusive of any value added tax or other applicable sales tax, which shall be added to the sum in question or otherwise included in any relevant calculation we are required by law.
9. Duration and Termination
9.1 The contract between the Owner/Host and the Agent shall come into force on the date specified in the ‘Available from’ field in the Terms of Business and shall continue for the Contract Period, which is for 6 months or for a period otherwise agreed in writing.
9.2 The Available Periods must always be equal to the Contract Period in any 365 day period (from the date of property launch).
9.3 Clauses 9.1 and 9.2 are subject to the following provisions.
9.4 The Agreement can be extended or terminated in line with the following clauses;
9.4.1 The Contract Period, from the date of this Agreement, can be extended at any time by the Owner/Host by providing written confirmation to the Agent.
9.4.2 Either party may terminate the contract by giving to the other a minimum of 3 months written notice to expire upon or after the initial fixed term and any extensions of.
9.4.3 If you do neither of the above, the Contract Period will automatically continue on a rolling quarterly basis.
9.5 Either party may forthwith terminate the contract by giving written notice to the other party if;
9.5.1 any sum owing to the party by the other party under any of the provisions of this Agreement that are not paid within 14 days of the due date for payment;
9.5.2 the other party commits any other breach of any of the provisions of this Agreement and, if the breach is capable of remedy, fails to remedy it within 30 days after being given written notice giving full particulars of the breach and requiring it to be remedied.
9.6 For the purposes of Clause 9.5.2, a breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to the time of performance (provided that the time of performance is not of the essence).
9.6 The rights to terminate the contract given by this Clause 9 shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
10. Consequences of Termination
Upon the termination of the contract between the Agent and the Owner/Host for any reason:
10.1 the Agent shall cease to promote, market, advertise or solicit Guests for the Property;
10.2 the Agent shall have no claim against the Owner/Host for compensation for loss of agency rights, except unpaid Commission on all future secured Booked Periods.
10.3 In the best interest of securing reservations for the Property, calendars are available to be booked in advance. If management Services are terminated the Agent will be due the Commission on all future secured Booked Periods in place upon termination of the Agreement. The Owner/Host or their representative will be expected to honour all future bookings or in the instance where this is not possible for any given reason, the Agent will charge an admin fee of £100 per booking to cover time in making the necessary changes to each booking and to cover costs incurred in doing so.
11. Nature of Agreement
11.1 This Agreement contains the entire agreement between the parties with respect to the Property and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.
11.2 Each party acknowledges that, in entering into the contract, it does not rely on any representation, warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.3 If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this Agreement shall continue to be valid as to the other provisions and the remainder of the affected provision.
12. Notices and Service
12.1 Any notice or other information required or authorised by this Agreement to be given by either party to the other shall be given by:
12.1.2 pre-paid signed-for first class post; or
13. Relationship of the Parties
Nothing in this Agreement shall create, or be deemed to create, a partnership or the relationship of employer and employee between the Owner and the Agent.
This Agreement shall be governed and construed in all respects in accordance with the laws of England and Wales, and each party hereby submits to the non-exclusive jurisdiction of the English and Welsh courts.