UK Accommodation Agreement - Test
Guests making bookings are required to accept these terms.
- Accommodation Agreement
1.1 This Agreement is between the Guest named on the Booking Summary (“you”) and the homeowner (“Homeowner”) of the accommodation as detailed in the Booking Summary (“the Accommodation”). If you are a guest who has booked through a third party agent or representative (“Agent”) then this Agreement will apply to you in relation to the Accommodation booked by your Agent and confirmed in writing with your Agent. The Homeowner is the owner of the Accommodation or the person who is duly authorised to arrange for occupancy of the Accommodation by Guest. This Agreement details the terms and conditions which apply between you and the Homeowner relating to your rental of the Accommodation.
1.2 Lifealike Limited, which operates the onefinestay.com website (“onefinestay”) is providing you this Agreement on behalf of the Homeowner at the Homeowner’s direction and with the Homeowner’s consent. Please note that this Agreement is between you and the Homeowner and onefinestay is not a party to this Agreement. Separate terms will apply between you and onefinestay (or its affiliates).
1.3 This Agreement is a licence to occupy the Accommodation during the agreed period as set out in the Booking Summary or agreed with your Agent (“Licence Period”). You are not a tenant of the Accommodation and you have not been granted exclusive possession of the Accommodation. The Homeowner is granting you a limited licence to use the Accommodation pursuant to this Agreement, your Confirmation of Booking and Home Rules.
- Booking and Cancellation
2.1 The Booking Summary which you have accepted is not a booking confirmation, the Accommodation will be booked for the Licence Period upon dispatch of a Confirmation of Booking and the Homeowner is not obliged to make the Accommodation available, nor is a binding contract in place, until such time as the Confirmation of Booking has been sent to you by email. If you have booked through an Agent then a binding contract is not in place until we have sent a Confirmation of Booking to your Agent.
2.2 On dispatch of the Confirmation of Booking you will be liable to pay the fees due in full (including any sales, use, occupancy or other governmental taxes or fees applicable to the Booking) and make certain prepayments as set out in the Booking Summary (which may be the entire amount of the fees due). If you have booked through an Agent payments may be collected from the Agent. All payment terms are set out in either your Confirmation of Booking and/or separate agreements entered into by you in connection with your booking through the onefinestay website. Homeowner has authorised onefinestay to collect and remit payments on Homeowner’s behalf directly or through third party payment services.
2.3 Unless otherwise specified in the Cancellation Policy, Booking Summary or Confirmation of Booking the following cancellation policy will apply. If you cancel a booking within 24 hours of dispatch of your Confirmation of Booking, provided you book more than seven days prior to your stay, then you are entitled to a full refund. If you cancel a booking more than 14 days prior to commencement of the Licence Period then you will be liable to pay 50% of the full accommodation licence fees as set out in the Confirmation of Booking (“Accommodation Fees”) for the entirety of the Licence Period). All such pro-rated Accommodation Fees will be subject to additional charges for any sales, use, occupancy or other governmental taxes or fees applicable to the Booking even if cancelled to the extent such taxes and fees remain due and owing under applicable law.
2.4 If you cancel a booking 14 days or less prior to the commencement of the Licence Period or do not show up for the booking then you will be liable to pay the full Accommodation Fees for the entirety of the Licence Period plus any sales, use, occupancy or other governmental taxes or fees due and owing with respect thereto (and you authorise onefinestay to deduct such sums from the credit or debit card which you supplied when making the booking).
2.5 The Homeowner is not entitled to cancel a booking once a Confirmation of Booking has been sent. However there may be circumstances beyond the reasonable control of the Homeowner or emergencies in which the Accommodation is unavailable for all or part of a Licence Period. In such exceptional circumstances onefinestay shall assist the Homeowner with arranging suitable alternative accommodation during the Licence Period (which will, if possible, be of comparable quality and character and may be hotel accommodations within a reasonable distance of the Accommodation). If alternative accommodation with a homeowner registered with onefinestay is available then your contract with the Homeowner may be terminated and you may coordinate with onefinestay to enter into a new accommodation agreement with a new Homeowner.
2.6 Each Accommodation Agreement represents a contract to occupy a given property on given dates save as set out in this Agreement and the Confirmation of Booking. Any variation of dates or accommodation will amount to a cancellation of a booking, unless the Homeowner agrees otherwise.
2.7 If you have paid onefinestay’s flexible rate (which will be set out in your Booking Summary) then the following cancellation policy will apply. You may cancel a booking at any time more than 5 days prior to commencement of the Licence Period and you will be entitled to a full refund less our flexibility fee as set out in your Booking Summary. If you cancel a booking 5 days or less prior to the commencement of the Licence Period then you will be liable to pay the full Accommodation Fees for the entirety of the Licence Period (and you have authorised onefinestay to deduct such sums from the credit or debit card which you supplied when making the booking). Any variation of dates or accommodation will amount to a cancellation of a booking. The cancellation terms set out in this Agreement shall apply to the revised booking unless you have paid onefinestay’s flexible rate (which will be set out in your Booking Summary) at the time of the new booking. The flexible rate must be selected and purchased at the time of booking and will not be available after the booking has been made. The flexible rate is not available for Homeowner bookings where a Homeowner’s discount has been applied.
2.8 In the event that the Accommodation becomes unavailable during the Licence Period and in the event that you do not accept any suitable alternative accommodation which is offered to you then you are entitled to cancel the booking and the relevant proportion of any amounts paid will be refunded to you, but neither the Homeowner nor onefinestay will be liable to you for any further amounts in respect of the cancellation of the booking.
- Fees and Charges
3.1 You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction. If you have booked through an Agent, then the Agent will be responsible for paying the Accommodation Fees. If you have booked through an Agent, then you will be liable for the Accommodation Fees if your Agent has failed to make payment on your behalf. All Accommodation Fees are payable in advance of the Licence Period. You also agree to discharge the cost of any damage to the Accommodation or contents and to pay any fees in relation to overstaying. Please note that you remain liable to pay for the cost of any damage or overstays if you have booked through an Agent. Homeowner has arranged with onefinestay to collect and remit any amounts owed to Homeowner relating to the Accommodation.
3.2 The Accommodation Fees set out in the Booking Summary or paid by an Agent on your behalf are for use and occupancy of the Accommodation only. No additional concierge or other services which you book through onefinestay are included – please consult the onefinestay website for terms and conditions relating to concierge and other services that may be available at this Accommodation.
3.3 On commencement of the Licence Period the security deposit will be taken by onefinestay. If you fail to turn up to a booking or check-in then for the avoidance of doubt you will be responsible for the entire Accommodation Fees for the booking on the same basis as cancellation of a booking 14 days or less prior to commencement of the Licence Period Homeowner and Guest have agreed and authorised onefinestay to collect all fees and charges due and owing to Homeowner on behalf of the Homeowner.
- Security Deposit
4.1 You acknowledge and agree that, when you commence your stay at the Accommodation, you have authorised onefinestay to pre-authorise or deduct an amount from a credit or debit card (which may be different to the details which were supplied when booking) by way of security deposit and in the event of any damage or loss to the Accommodation or its contents (including any damage caused by pets and associated deep cleaning costs) or your late check out or failure to vacate the premises at the end of the Licence Period, your credit or debit card will be charged for all such damages and losses. You agree to provide your card for additional pre-authorisation after 28 days or on request by onefinestay.
5.1 The check-out time at the Accommodation is as stated in the Booking Summary or as reported to your Agent. Unless you have agreed a late check-out at the time of Booking or have modified your booking through onefinestay and a modified Confirmation of Booking to extend your stay for a further period then you will be responsible for a full day’s Accommodation Fee for any overstaying past the stated check out time. If you overstay by more than 2 hours then Homeowner reserves the right to enter the Accommodation or authorise onefinestay or any of its agents or contractors to enter the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary (and we will charge you for the costs of any such action).
- Safety and Conduct
6.1 You have primary responsibility for your own safety during your stay at the Accommodation. You must read any fire or health & safety guidance which is provided to you and you must listen to any instructions or explanations which are provided at check-in.
6.2 If you become aware of anything during your stay which you believe is a health & safety risk you must inform onefinestay immediately.
6.3 You must comply with any building regulations and House Rules and any reasonable directions of the Homeowner or onefinestay. The House Rules will be supplied to you when you check-in. You are expected to be courteous and respectful of all people with whom you come in conduct during your stay who may be acting on behalf of Homeowner or onefinestay.
6.4 You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time together with such number of additional guests as may be specified in the Booking Summary. If you have made a booking through an Agent, then the people authorised to occupy the Accommodation will be confirmed with your Agent. This Agreement is personal to you and may not be transferred to any other person. The Homeowner will not allow any person other than those people who are named in the Booking Summary to access or occupy the Accommodation during the Rental Period.
6.5 The Accommodation information specifies the maximum permitted number of guests who are authorised to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation the Booking and Licence Period may be terminated immediately and you will be liable to pay additional fees at our standard rates in respect of each unauthorised guest.
6.6 In addition to complying with the House Rules and all reasonable directions you also agree that you will:
6.6.1 keep the Accommodation clean, tidy and clear of rubbish and leave the Accommodation in the same condition as you find it;
6.6.2 not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
6.6.3 not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach in whole or in part any insurance effected in respect of the Accommodation from time to time;
6.6.4 if the Accommodation is part of a building or complex with common parts, not obstruct or leave any objects or waste in any common parts;
6.6.5 not leave any obstruction outside of the Accommodation;
6.6.6 not take any property, belongings or personal effects at the Accommodation;
6.6.7 not to move any furniture from its original position and/or room within the Accommodation;
6.6.8 not to do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Homeowner or to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
6.6.9 not conduct any illegal or immoral activity from the Accommodation;
6.6.10 not conduct any business or commercial activity whatsoever from the Accommodation;
6.6.11 not make any alteration or addition whatsoever to the Accommodation or its contents;
6.6.12 not use the Accommodation for any purpose other than for personal accommodation;
6.6.13 not invade the privacy of the Homeowner nor publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Homeowner (even if such information is already in the public domain).
6.7 You acknowledge that the Accommodation is a home and you agree not to access any cupboard, cabinets, furniture or drawers which have been sealed with tamper tape or otherwise locked or marked as private. In doing so, you agree that you may incur an additional charge for any loss or damage incurred.
6.8 You hereby indemnify the Homeowner in respect of any costs, claims, liabilities or expenses suffered or incurred by the Homeowner (or their agents) in respect of any breach of this Agreement.
- Property Damage
7.1 The Homeowner recommends that you hold personal insurance for accidental damage and personal liability. Neither the Homeowner nor onefinestay will be liable for any property which is lost, stolen or damaged during your stay at the Accommodation.
7.2 If on arrival at the Accommodation you discover anything is missing or damaged then this must be reported to onefinestay immediately otherwise it will be presumed that the damage/loss was caused by you and a charge will be made.
7.3 You must notify onefinestay of any damage to the Accommodation, contents fixtures or fittings which occurs during your stay, even if you regard the damage as fair wear and tear or if you do not believe the damage is your fault.
7.4 If you do declare any damage then you are responsible for full replacement.
7.5 Any deductions for property damage will be taken from the credit or debit card you have supplied to onefinestay and/or on which you have permitted onefinestay to have pre-authorised an amount as a security deposit but for the avoidance of doubt you will be liable for the full amount of any damage and not just the amount pre-authorised by way of deposit.
- Liability and Claims
8.1 Any claims made by you under this Agreement must be made initially through onefinestay. onefinestay has the authority to negotiate and settle claims on behalf of the Homeowner.
8.2 The Homeowner will not be liable to you for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this Agreement, the Accommodation or use or occupancy of the Accommodation (whether such loss arises as a result of the Homeowner’s negligence or otherwise). This also includes any compensation for noise, inconvenience or nearby construction.
8.3 The Homeowner’s liability for all losses (with the exception of personal injury or death arising as a result of negligence) will be limited to the cost of obtaining replacement accommodation for the agreed Licence Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount.
9.1 Every reasonable care will be taken to ensure that the Accommodation is presented to you to a high standard. Should you find on arrival that there is a problem, or cause for complaint, you should immediately refer this to onefinestay on arrival. Reasonable steps will be taken to assist you.
9.2 The Homeowner is committed to ensuring that any problems or complaints you may have whilst at the Accommodation are resolved efficiently and promptly, but as such we must be given the opportunity to do so. We have authorised onefinestay to work with you to address any such problems or complaints. Any failure to notify onefinestay immediately or refusal of reasonable rectification may affect your right to compensation.
9.3 You must provide a telephone number so that onefinestay can communicate with you about any problems or complaints. You must not independently move to other accommodation without first allowing the Homeowner the reasonable opportunity to work with onefinestay to assist in resolving the complaint or problem. If you do so, or refuse reasonable rectification, this may affect your right to any compensation.
9.4 You must formally confirm any unresolved complaint in writing by email to onefinestay within 5 days of the end of your Licence Period.
10.1 You agree that you have the power to enter into this Agreement.
10.2 You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to the Homeowner against any amounts that that may be owed to you.
10.3 The Homeowner will be entitled to sub-contract or delegate their obligations under this Agreement. The Homeowner has subcontracted or delegated certain of its obligations to onefinestay as indicated above.
10.4 The Homeowner will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any action taken by a government or public authority, collapse of buildings, fire, explosion or accident, interruption or failure of utility service, transportation or communications outages, strikes, governmental action, and civil unrest.
10.5 Save in the case of fraud this Agreement and the House Rules represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
10.6 The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
10.7 These conditions are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of laws rules. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.
10.8 If you breach these terms and conditions and the Homeowner decides to take no action or delays in taking any action, the Homeowner will still be entitled to take action and enforce their rights and remedies for that breach or any other breach at any time.