‘Us’, ‘Our’ or ‘We’ – La Vida Marketing.
‘You’ or ‘Your’ – the owner of the Property or business responsible for the management of the Property or collection of Properties.
‘Property’ – the holiday home, cottage, log cabin, lodge or apartment .
‘Guest’ – person or persons who enquire about rental of the Property or who place a booking or
who stay at the Property.
This agreement shall remain in effect ongoing until terminated pursuant to any sub-clauses below –
- you agree to an initial minimum contract period of 12 months. Following the initial contract period 3 months’ notice will be required to terminate the agreement.
- the agreement may be terminated otherwise by mutual agreement.
- we reserve the right to terminate this agreement without compensation for any breach of agreement.
- We will market your property on your and our own website(s) and with third party booking partners.
- Our services will include dealing with all enquiries, securing rental bookings, processing all payments and post departure contact with guests regarding satisfaction surveys.
3. Marketing limitations:
- we accept that you may accept bookings from any other source and that we may not act as sole agent.
- For bookings we supply for the property that you are unable to accommodate if you have not updated our availability calendar, or for any other reason, you will still be liable to pay commission at the standard rate.
- You acknowledge and agree that we do not have an obligation to conduct background checks on any guests on your behalf for your rental property.
- You agree to pay us a commission fee of 10%, based on the standard total rental charged to the guest, including any extras charged.
- For guests originally supplied by us, we reserve the right to charge commission for any additional nights and/or repeat guest bookings.
5. Payment terms:
- Guests will either pay us directly or, when booked via a third party, may pay them directly. Owner payments are scheduled in accordance with the terms of the relevant booking engine.
6. Accommodation standards, health & safety and your obligations:
You agree to be responsible for
- ensuring the Property is maintained to a serviceable standard for holiday rental purposes. This includes –
- maintenance to the interior and exterior fabric of the building, equipment, fittings and fixtures, ensuring continued supply of utilities such as electricity, gas, heating oil and water, emptying of septic tanks (where applicable).
- arranging for a full clean and servicing of the property before the start of each rental.
- arranging maintenance of outside areas around the Property.
- making suitable arrangements for arrival of guests via a meet or greet or local key collection and appointing a responsible person as point of contact for guests during their stay.
- notifying us and guests at least 14 days in advance of any building work or maintenance or servicing work to take place in the Property or its grounds.
- complying with all relevant statutory regulations and guidance
- If we reasonably consider that the accommodation does not meet requirements we may stop offering the accommodation for bookings, refuse to accept new bookings and cancel existing bookings
7. Other events:
- If you make the property unavailable for occupancy, for whatever reason including during or after any termination of agreement period, then you agree to honour any existing confirmed bookings.
- Should it not be possible to continue with a guest booking due to a problem with the Property or any appliance(s) or equipment our standard fees relating to any cancelled or short stay period may not be refunded and we will be unable to assist with any financial compensation to guests in the event of a claim. We advise that you consider appropriate holiday home rental insurance as most policies cover costs relating to loss of income and compensation due to these types of situations. We will assist in identifying alternative accommodation for guests where possible but we will not be liable for any costs incurred in providing alternative accommodation, refunds or compensation.
- If you want to sell the property you must tell us in advance of the property being put on the market. You must make sure that no viewings take place during any bookings made through us. If you agree a sale of the property and have existing bookings to fulfil and cannot accommodate these prior to the completion date, then the guest will need to be refunded in full. If any new owner of the property wishes to continue lettings through us, we may enter into a separate agreement with them.
- We will agree with you rental amounts to be advertised
- We may list the property with third party booking agents who charge a commission or fee per booking. At our discretion we may add a premium onto the rental charge on some bookings generated or provided by a third party to part or fully cover their fee. There will be no additional cost to you. Our commission will be charged on the standard rental amount once the OTA fee has been deducted.
9. Guest feedback:
- guests who have stayed at the Property will be asked by us to comment on their stay and to provide a score for certain aspects of their stay on our and partners websites. We reserve the right to post these comments and scores. You agree to acknowledge that we are a distributor (without any obligation to verify) and not a publisher of these comments.
- We will undertake to use our best efforts to monitor and review Guest reviews in respect of obscenities or the mention of an individual’s name.
- We reserve the right to refuse, edit or remove unfavourable reviews in the event that such reviews include obscenities or mention an individual’s name.
- We will not enter into a negotiation with a Property owner in respect of (the content of, or consequences of the publication or distribution of) a Guest review.
- We shall not have and disclaim any liability and responsibility for the content and consequences of (the publication or distribution of) any comments or reviews howsoever or whatsoever.
10. Bookings cancelled by the guest:
- The cancellation policy agreed to by the guest may vary dependant on which marketing channel the booking came through.
- If you cancel a confirmed booking or refuse to accept a guest for any reason other than breach of contract by the guest you must refund any amount you have already been paid in connection with the booking.
- You must also pay our agency fee
11. Ending the agreement:
- If you want to end the Agreement, you must notify us in writing and serve notice as per clause 1.
- When an agreement ends you must honour all existing bookings we have taken. If you do not honour bookings we have taken, this will be treated as cancellation by you
- You confirm that you own the property or are authorised by the owner to enter into an Agreement with us and that there is nothing restricting you from entering into an Agreement with us.
- You must not transfer your rights, obligations or responsibilities under the Agreement to anyone else unless you have our prior permission.
- If a complaint is made during a stay in the property you must try to settle the complaint during their stay. Should it not be possible to resolve any problem during the guest’s stay the guest may write to us when they return home. We will pass this to you when we receive any complaint.
- Although the booking contract is between you and the guest and you are primarily responsible for settling complaints we may, as a matter of goodwill, work with both you and the guest to try to settle the complaint. In this case, we may take action we consider reasonable.
- If we are involved in any complaint, we do so as Agent only and cannot accept any legal responsibility or liability.
14. Relationship & Liability:
- You acknowledge that by entering into any lettings of the Property, we act as your Agent and all contracts of lettings will be between you and the Guest and not with La Vida Marketing and you agree that at all times you will keep us fully indemnified in respect thereof and not hold us liable for any loss or damage caused at the Property in any way whatsoever.
- You agree that the responsibility for injury or harm caused to guests and members of their party howsoever arising, including injury or harm caused as a result of any defect in the fabric of the property and/or equipment within the property, shall not fall upon us.
- Further you will indemnify us against any claims that may arise out of injury, loss or damage suffered by the guest or any third party (including legal fees and costs incurred)
resulting from a breach by you of this agreement. We shall not be liable for changes, cancellations, or any other effect on any booking, due to any event, which with all due care could not be foreseen or avoided.
15. Governing Law:
- Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Spanish courts.