Terms and Conditions
Terms and Conditions for Eventful Stays' Property Owners
General Terms and Conditions
These are the terms on which Eventful Stays Limited (Company No. 7333050) Limited ('Eventful Stays') do business. They do not affect your statutory rights. They are designed to set out clearly Eventful Stays' responsibilities and your rights and responsibilities.
This agreement is made between parties:
- Eventful Stays Limited (Company Number 7333050) whose registered office is at McGowan House, 10 Waterside, The Lakes, Bedford Road, Northampton NN47XD, trading as Eventful Stays ('ES'); and Eventful Stays Ltd.
- The person or entity whose identity and contact details are specified in the Online Application Form (the 'Property Owner' or 'PO').
- PO is the owner of the Property (defined in the Online Application Form) and is in the business of letting out the Property.
- ES is in the business of (inter alia) providing Property marketing through an online communication platform.
- PO now wishes to appoint ES and ES accepts, subject to Clause 2.1, such appointment by PO as a platform for the promotion for letting of the Property pursuant to the terms and conditions hereinafter contained.
1. Definitions and Interpretation
1.1The definitions and rules of interpretation in this clause apply in this Agreement.
- "Booking Record"means the Availability Record as defined in Clause 3.5;
- "B&B"means a Property that provides a Bed & Breakfast facility;
- "Confidential Information"means information of a confidential nature (including method of doing business, trade secrets and information of commercial value) owned by either Party which is disclosed to the other Party;
- "Contract"means any contract entered into by a Customer with PO, such Contract to be substantially in the terms of the Conditions of the Provision of Holiday Accommodation as notified to PO from time to time;
- "Contract Price"means in relation to any Contract, the price actually charged to the Customer (inclusive of any value added or other sales tax thereon);
- "Customer"means any customer who hires a property through the Eventful Stays website
- "Hotel"an establishment that provides lodging and usually meals and other services
- "Intellectual Property"means all vested contingent and future intellectual property rights including but not limited to copyright, trademarks, service marks, design rights (whether registered or unregistered), patents, know-how, trade secrets, inventions, get-up, database rights and any applications or registrations for the protection of these rights and all renewals and extensions thereof existing in any part of the world whether now known or in the future created;
- "Property Registration Form"means the registration form completed by PO on the ES website in relation to the Property;
- "Owner's Manager"means PO or the person (if any) so specified in the Online Application Form or such other person as PO may notify in writing to ES from time to time;
- "Parties"means ES and PO;
- "Promotional Materials"means any agreed promotional and sales materials including such promotional and sales materials for use on agreed website(s);
- "Property"means the Property identified in the Online Registration Form.
- "Spare Room"refers to a Contract whereby PO allows the Customer access to limited rooms within the Property;
- "Term"means the initial term of twelve (12) months, starting on the Commencement Date, as the same may be extended pursuant to Clause 10 hereof and subject to early termination in accordance with any provision of this Agreement;
- "Year of this Agreement" means the 12-month period starting on the Commencement Date and ending on the first anniversary thereof and each subsequent 12-month period during the Term.
- 1.2References to clauses and schedules are to the clauses of and schedules to this Agreement.
- 1.3The Online Registration Form forms part of this Agreement.
- 1.4Headings are for convenience only and shall be ignored in interpreting this Agreement.
- 1.5Where any word or expression is defined in this Agreement, the definition shall extend to all grammatical variations and cognate expressions of the word or expression so defined.
2. Appointment and Commencement
- 2.1This Agreement shall not commence until PO has complied with the requirement of Clause 5 of this Agreement and ES has confirmed to PO that the Property is acceptable.
- 2.2PO hereby grants to ES a non-exclusive royalty free licence to use all pertinent Intellectual Property (if any) belonging to PO including PO's trademarks and logos to enable ES to promote the Property effectively. For the avoidance of doubt, this will include the right to include such Intellectual Property belonging to PO on the Promotional Materials.
3. ES's Obligations
- 3.1Save as contemplated by this Agreement, not to act in a way which will incur any liabilities on behalf of PO nor to pledge the credit of PO;
- 3.2Subject to Clause 5, to comply with all reasonable and lawful instructions of PO from time to time concerning the promotion and letting of the Property, and generally to carry out its agency in such manner as it thinks best to promote the interest of PO.
- 3.3 To use reasonable endeavours to promote the Property with reasonable skill and care.
4. PO's Obligations
4.1PO undertakes to carry out his business in accordance with the standard of a Reasonable and Prudent Property Letting Operator. Without prejudice to the generality of the foregoing, PO shall ensure that:
- 4.1.1the Property will be in satisfactory condition during the period when the Customer and the Customer's guests stay at the Property and/or utilises such facilities offered by the Property and/or services provided by PO. In this regard, PO shall maintain and carry out such repairs as may be necessary to keep the Property and such facilities available in relation to the Property in a good and safe state and suitable for letting;
- 4.1.2the Property owner will agree the times of check-in and check-out with the guest before the arrival date.
- 4.1.3the Property and the facilities in relation to the Property and such other services made available by PO will at all times conform to any description used in the Promotional Materials;
- 4.1.4the property owner makes suitable arrangements to welcome and host the Customer and the Customer's guests, to arrange keyholders and contact telephone numbers.
- 4.1.5the Property will conform with all health and safety laws and regulations;
- 4.1.6he pays all utility bills to ensure that the utility supplies are not disconnected during the Term; and
- 4.1.7he has obtained all necessary licences including a television licence.
- 4.2.1at his own expense insure and keep insured the Parties adequately against any liability for breach of contract, negligence, public and/or occupiers liability on the part of the Parties which results in death or personal injury to the Customer or the Customer's guests and/or damage to property belonging to the Customer and/or the Customer's guests while staying at the Property;
- 4.2.2ensure that the insurance covered obtained in accordance with Clause 4.2.1 is to a minimum level of £1,000,000 (one million pounds);
- 4.2.3obtain such insurance cover from a reputable insurance company and inform such insurance company that the Property is being let out;
- 4.3PO agrees to deal promptly and efficiently with any complaint, dispute and/or dissatisfaction by the Customer in relation to the Property, the facilities and such other services provided by PO.
- 4.4PO shall inform ES in writing, as soon as it is practicable of any changes to the Property or the facilities available including any proposed sale of the Property and/or any proposed renovation and/or proposed refurbishment works carried out on the Property. PO shall ensure that no attendance at the Property in relation to any such sale, renovation and/or refurbishment shall take place during a Customer booking.
- 4.5If PO wishes to make the Property unavailable at any time because of fire, flood, storm, damage to the Property or any other reason beyond his control he shall immediately give notice to ES.
- 4.6PO undertakes to comply with all applicable data protection legislation, including the Data Protection Act 1998, and shall indemnify ES for any penalty, loss, damage, legal cost and/or sanctions against ES as a result of PO's breach of any such data protection legislation which is connected to PO's obligations under this Agreement.
- 4.7PO agrees that an authorised representative of ES shall be entitled to inspect the Property at such time as may be mutually agreed upon providing PO written notice of no less than 7 days or such shorter period as PO may agree.
- 4.8PO agrees to act at all times in its relations with ES dutifully and in good faith and not to bring ES into disrepute.
5. Promotional Material and Advertising
- 5.1.1Using reasonable care, skill and diligence, prepare and provide to ES the Property's details, in such form as ES may require, including details of all facilities and services relating to the Property; and
- 5.1.2register on ES website and confirm acceptance of these Terms and Conditions by ticking the required field.
- 5.2ES shall consider the information provided in accordance with Clause 5.1 and inform PO whether or not the Property is accepted. ES reserves the right to reject any Property that is deemed by ES at its absolute discretion to be unsuitable for ES's activities.
- 5.3ES reserves the right to make editorial changes to the Property details before publication on its website or elsewhere, but PO remains responsible at all times for the accuracy of content and must inform ES within 24 hours of publication (or as soon as is reasonably possible) if any element is misleading or inaccurate.
- 5.4The parties agree that from time to time, ES and PO may agree to carry out additional marketing campaigns and/or refresh the Promotional Materials. In this regard, new Promotional Materials shall be produced pursuant to the steps outlined in Clauses 5.1 and 5.3 above. Some promotional activities, on the website or otherwise, may be chargeable, however, these will be opt-in.
6. Letting of the Property and Cancellations
For the avoidance of doubt, we act merely as an advertising service through which Advertisers can advertise properties to Holidaymakers. All letting agreements shall be between the PO and the guest directly.
- 6.1For the avoidance of doubt, no Security Deposit shall be taken or held by ES.
- 6.2For the avoidance of doubt and notwithstanding any other provisions in this Agreement, any Contracts entered into by a Customer shall strictly be between the Customer and PO and PO shall indemnify ES for all claims, liabilities, losses, damages, costs (including legal costs) and expenses suffered or incurred by ES arising from the non-performance and/or breach of any Agreement by PO.
- 6.3Unless otherwise agreed between the parties in writing all lettings shall be in Pounds Sterling.
- 6.4ES is not liable or responsible for reimbursing a property owner or guest when cancellations take place. Any amount of compensation or re-imbursement must be discussed and agreed between property owner and guest.
- 6.5Any modification of this agreement must be made in writing and agreed by both ES and PO. For the avoidance of doubt, the terms and conditions laid out in this agreement take precedence over any other terms and conditions the property owner may have, unless agreed by both parties in writing in a 'Modification of Standard Terms' document.
- 7.1The PO is provided with customer details once an enquiry has been made.
- 7.2ES shall be entitled to recover any amounts owing under this Agreement to the extent not already paid by PO, from the Contract Price, including but not limited to transaction charges or administrative fees in the case where PO cancels a Contract.
- 7.3PO shall pay ES any other monies owed in accordance with this Agreement within 21 days of invoice to the extent that such amounts have not been deducted pursuant to Clause 7.4.
- 7.4All refunds from ES will be paid by BACS transfer, unless otherwise specified by ES.
- 7.5The following fees are to be paid at the time of registration on the Eventful Stays website in order for a host's listing to be published: £49 per year for one property listing, £99 for up to 5 property listings, £198 for up to 10 property listings (plus 10 free). Price on application is available for more than 20 listings.
8. Exclusions and Limitations of Liability
8.1This Clause 8 sets out ES's entire financial liability (including any liability for the acts or omissions of ES's employees, agents and sub-contractors) to PO in respect of:
- 8.1.1any breach of contract;
- 8.1.2any services provided by ES; and
- 8.1.3any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this Agreement.
- 8.2Subject to the other provisions of this Clause 8, ES does not accept liability for loss or damage suffered by PO in connection with any Contract (including, without limitation, loss or damage to the Property), save for matters which arise as a direct result of ES's wilful misconduct, negligence or breach of ES's contractual duty to exercise care in providing the services under this Agreement.
- 8.3ES warrants that it will exercise reasonable skill and care in the provision of the services under this Agreement. Save as aforesaid and save for any other express warranties in this Agreement, all other representations and warranties are excluded to the fullest extent permitted by law. In particular, ES makes no warranty as to the number of lettings and/or the rate of return to be achieved in any Year of this Agreement.
- 8.4ES excludes all liability for indirect, consequential or economic loss.
- 8.5ES does not exclude or limit liability for death or personal injury which is due to ES's negligence or for any fraudulent misstatement.
- 9.1PO shall indemnify ES against any claims, liability, loss, damage, fines and/or penalties suffered or incurred by ES in respect of (1) Customer dissatisfaction (2) loss of reputation by ES as a result of PO not meeting the standards required of a Reasonable and Prudent Property Letting Operator or breach of any of PO's obligations under this Agreement and/or any Contract; (3) damage to property; (4) death or personal injury to the Customer and/or the Customer's guests; (5) any misadvertising of the Property; (6) any unavailability of the Property; and (7) any costs, claims, demands and expenses arising out of or in connection with aforementioned events (collectively a "Relevant Claim"), except to the extent that the Relevant Claim arises as a result of ES's wilful misconduct or negligent acts or omissions.
9.2ES shall, immediately it becomes aware of a matter which may result in a Relevant Claim:
- 9.2.1give notice to PO of the details of the matter;
- 9.2.2afford access to PO and permit copies to be taken of any materials, records or documents as PO may require to take action.
10. Duration, Suspension and Termination
10.1This Agreement shall come into effect on the Commencement Date and, subject to Clause 10.2, shall continue in force until either Party gives not less than two (2) months' prior written notice to the other Party, such notice to expire on the first or any subsequent anniversary of the Commencement Date.
- 10.1.1 Hosts and POs who have become a member of Eventful Stays using the annual subscription and paid the annual fee, who wish to cancel before the end of the 12-month period are not entitled to a refund of the full or part of their subscription fee. This does not affect the money back guarantee offer.
10.2Either party may terminate this Agreement without prejudice to its other remedies forthwith by notice in writing to the other if that other either: -
- 10.2.1commits a breach of this Agreement provided that if the breach is capable of remedy the notice shall only be given if the party in breach shall not have remedied the same within 28 days of having been given notice in writing specifying the breach and requiring it to be remedied; or
- 10.2.2is unable to pay its debts or enters into compulsory or voluntary liquidation (other than for the purpose of effecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of the relevant party under this Agreement) or compounds with or convenes a meeting of its creditors or has a receiver or manager or an administrator appointed of its assets or becomes bankrupt or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party giving notice means that the other may be unable to pay its debts.
10.3Without prejudice to its other remedies ES may suspend this Agreement forthwith for up to 28 days by notice in writing (including but not limited to by email) to PO if PO commits a breach of this Agreement. A notice served in accordance with this clause 10.3 shall state:
- 10.3.1the details of the breach; and
- 10.3.2the corrective action required.
10.4Annual Subscription and money back guarantee offer
- 10.4.1In order to list a property on the Eventful Stays website, hosts must pay an annual fee as specified on the website. No commission will be charged on bookings.
- 10.4.2POs who join on the annual subscription fee offer, and pay an annual subscription fee, are entitled to a money back guarantee offer if they have not received enough bookings to cover the cost of the listing fee. As the transaction is between the host and the guest directly, in order to assess the likely booking income resulting from enquiries from the Eventful Stays website, we will examine all the enquiries received during the 12 month period, and calculate the estimated income based on 1 in 3 enquiries resulting in a booking. Should the estimated booking income be less than the listing fee paid, we will refund the host the full listing fee. Our method of calculation of estimated income is final and we will not enter into disputes concerning this matter.
11. Effects of Termination
- 11.1Termination of this Agreement, however caused, shall be without prejudice to any rights or liabilities accrued at the date of termination.
11.2On termination of this Agreement for any reason:
- 11.2.1ES shall cease to promote, market and advertise your accommodation
- 11.2.2each Party shall cease to use all relevant Disclosed Intellectual Property.
- 11.3Subject as herein provided and to any rights or obligations accrued prior to termination, neither Party shall have any further obligation to the other under this Agreement.
12. Confidentiality and Intellectual Property
- 12.1Either Party ("Receiving Party") agrees that it shall at all times (both during the term of this Agreement and after its termination) keep confidential, and shall not use (other than strictly for the purposes of this Agreement) and shall not, without the prior written consent of the other Party ("Disclosing Party"), disclose to any third party any Confidential Information, unless the information:
- 12.1.1was public knowledge or already known to the Receiving Party at the time of disclosure; or
- 12.1.2subsequently becomes public knowledge other than by breach of this Agreement; or
- 12.1.3subsequently comes lawfully into the possession of the Receiving Party from a third party.
- 12.2To the extent necessary to implement the provisions of this Agreement (but not further or otherwise), the Receiving Party may disclose the Confidential Information to any Customers or prospective Customers, to any relevant governmental or other authority or regulatory body, and (where Receiving Party is a body corporate) to any employees of the Receiving Party, provided that before any such disclosure the Receiving Party shall use reasonable endeavours to make those persons aware of its obligations of confidentiality under this Agreement.
- 12.3All documents and other records (in whatever form) containing Confidential Information supplied to or acquired by the Receiving Party from the Disclosing Party shall be returned promptly to the Disclosing Party on termination of this Agreement, and no copies shall be kept.
- 12.4Each Party acknowledges that the Intellectual Property ('Disclosed Intellectual Property') supplied by the Party disclosing such Intellectual Property ('Disclosing Party') to the other Party ('Receiving Party') which is used for the purposes of this Agreement belongs to the Disclosing Party.
- 12.5The Disclosing Party warrants that it is the proprietor and/or has the right to licence or sub-licence the relevant Disclosed Intellectual Property and that it is not aware (to the best of its knowledge) that any of such Disclosed Intellectual Property infringes the rights of any third party. In this regard, the Disclosing Party agrees to indemnify the Receiving Party for any loss, liability and/or damage suffered by the Receiving Party as a result of any such intellectual property infringement in respect of the relevant Disclosed Intellectual Property.
13. Force Majeure
- 13.1Without prejudice to clauses 4.7 and 9.1, the obligations of each Party under this Agreement shall be suspended during the period and to the extent that that party is prevented or hindered from complying with them by any cause beyond its reasonable control, including (insofar as beyond such control but without prejudice to the generality of the foregoing expression) strikes, lock-outs, labour disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
- 13.2In the event of either Party being so hindered or prevented, the Party concerned shall give notice of suspension to the other Party as soon as reasonably possible, stating the date and extent of the suspension and its cause, and the omission to give such notice shall forfeit the rights of that party to claim suspension. Any Party whose obligations have been suspended as aforesaid shall resume the performance of those obligations as soon as reasonably possible after the removal of the cause and shall so notify the other party.
14. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter of this Agreement and supersedes all prior agreements, negotiations and discussions between the Parties relating to it.
Save as expressly provided in this Agreement, no amendment or variation of this Agreement shall be effective unless in writing and signed by a duly authorised representative of each of the Parties to it.
Neither Party shall not without the prior written consent of the other Party assign, transfer, charge or deal in any other manner with this Agreement or its rights under it or part of it, or purport to do any of the same, nor sub-contract nor appoint sub-agents or delegates of any or all of its obligations under this Agreement.
17. Freedom to Contract
The Parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver, and to exercise their rights and perform their obligations under this Agreement.
The failure of a Party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
If any part of this Agreement becomes invalid, illegal or unenforceable, the Parties shall in such an event negotiate in good faith in order to agree the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible gives effect to their intentions as expressed in this Agreement. Failure to agree on such a provision within six months of commencement of those negotiations shall result in automatic termination of this Agreement. The obligations of the Parties under any invalid, illegal or unenforceable provision of the Agreement shall be suspended during such a negotiation.
20. Rights of Third Parties
- 20.1No term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
- 20.2Notwithstanding that any term of this Agreement may be or become enforceable by a person who is not a party to it, the terms of this Agreement or any of them may be varied, amended or modified or this Agreement may be suspended, cancelled or terminated by agreement in writing between the Parties, or this Agreement may be rescinded (in each case) without the consent of any such third party.
- 21.1Any notice required to be given pursuant to this Agreement, other than notices given pursuant to Clause 13 shall be in writing and shall be given by delivering the notice by hand at, or by sending the same by prepaid first class post to the address of the relevant party set out in this Agreement, or such other address as either party notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given at the time of delivery (if delivered by hand) and when received (if sent by post).
- 21.2Notices given pursuant to Clause 13 shall be in writing and shall be given by both email and by delivering the notice by hand at, or by sending the same by prepaid first class post to the address of the relevant party set out in this Agreement, or such other address as either party notifies to the other from time to time. Any notice given according to the above procedure shall be deemed to have been given at the time of delivery (if delivered by hand and/or by email) and when received (if sent by post).
Nothing in this Agreement shall be taken to create any joint venture, partnership or other similar arrangement; the Parties shall at all times stand in relation to each other as independent contractors. Save as expressly contemplated by this Agreement, neither Party is or may hold itself out to any third party as being the agent of the other.
23. Dispute Resolution
- 23.1The Parties will attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement by negotiations between senior executives of the Parties who have authority to resolve such disputes or claims.
- 23.2If any dispute arises in connection with this Agreement, the Parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the Parties, the mediator will be nominated by CEDR. To initiate a mediation a Party must give written notice to the other Party requesting a mediation. A copy of the request should be sent to CEDR.
- 23.3If the matter is not resolved by the mediation procedure in this Clause 23 within 21 days of the initiation of such procedure (or such other period as may be agreed in writing) or if either Party will not or ceases to participate in the aforesaid mediation procedure, the dispute shall unless otherwise agreed by the Parties in writing, be referred to the English Courts.
24. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with English law and each Party hereby irrevocably submits to the jurisdiction of the English Courts.
This agreement has been entered into by the PO accepting these Terms and Conditions on the ES website in accordance with Clause 5.
Last updated: December, 2016