Homeowner Terms and Conditions
Please take time to read this document carefully. It is the basis of the contract between you and us. These Terms and Conditions together with the listing particulars signed by you (“Listing Particulars”) and the Damages Policy attached to these terms form the agreement between you and us (the “Agreement”).
In these Terms and Conditions, we have included a summary in italics to the left of the operative terms to help with understanding the meaning of the Terms and Conditions. These summaries are for information only and do not form part of the Agreement.
You should, of course, read all of the Terms and Conditions before entering into the Agreement. If there is any conflict between the summary and the relevant Terms, the Terms and Conditions will take precedence.
Contract and Status
We operate a Platform that allows you to list your Property in order to establish a relationship with guests who wish to book the Property using onefinestay.
This Agreement is between the Homeowner (“you”), and us, Lifealike Limited doing business as onefinestay (“we” or “us”).
We operate a booking platform for the listing of property or properties (“Property” or ‘Properties”) for use and occupancy by Guests under the name onefinestay (“Platform”). The Platform allows for binding agreements to be formed between you and members of the public (“Guests”) who agree to use your Property pursuant to a licence to occupy for an agreed upon time period (“Booking”).
The Accommodation Agreement sets forth the terms which apply between you and the Guest.
You will contract directly with each Guest using a standard form provided by us (which may be varied by us from time to time but may not be modified by you or the Guest) (“Accommodation Agreement”). You agree to fully comply with all terms and conditions of such Accommodation Agreement.
A copy of the current Accommodation Agreement is maintained online at https://www.onefinestay.com/uk-accommodation-agreement/. You agree that any booking which is made through us will be made on the terms of such Accommodation Agreement which is a binding contract between you and the Guests.
You agree that you have the right to offer stays in your Property to Guests in compliance with all laws and any other agreements or restrictions applicable to the Property.
You agree that, as the Homeowner, you own the Property or are duly authorised to arrange for use of the Property by way of licence to occupy (as principal and not as agent) in compliance with these Terms and Conditions and to enter into both this Agreement and the Accommodation agreements with Guests for the use of the Property by way of licence to occupy.
These Terms and Conditions will apply to all arrangements between you and us until either party terminates this Agreement in accordance with clause 7. Following termination this Agreement will continue to apply until such time as all pending bookings and financial arrangements have been settled. This Agreement applies to all Properties listed with us and all bookings made through us for the occupation of any Property listed by you.
You agree that in addition to these Terms and Conditions that if your Property is also listed under a third party booking platform that the terms and conditions of the third party booking platform may additionally apply and that we will send the relevant terms and conditions to you on request. You agree to notify us if you do not wish any bookings to be made under third party booking platforms and be subject to additional terms and conditions.
Appointment of onefinestay
Through the Platform we will list your Property so that you can find guests who wish to stay in the Property. You will not use other third parties for a similar purpose and you’ll inform us if you ask someone else to market or list your Property.
You agree that we will be entitled to accept bookings to occupy your Property via the Platform. Unless otherwise agreed we will be appointed on a sole and exclusive basis to accept booking on your behalf of licenses to occupy the Property. You are not entitled to appoint any other third party or booking platform to market or list the Property for occupancy during the listing period.
You must inform us immediately if the Property is marketed or listed by you or any third party for sale or for short or long-term licences or rental.
You authorise us to obtain the Guest’s agreement to the Accommodation Agreement between you and the Guest on your behalf for occupancy of your Property during the agreed periods of availability set out in the Platforms on-line calendar and as further agreed between you and us from time to time.
There may be costs for listing your Property on onefinestay.com. We’ll inform you of them as they arise and obtain your permission prior to any expenditure.
We may need to incur expenditures in connection with listing your Property including, but not limited to photography costs, direct and third party costs relating to and arising from our initial inspection, and any remedial work carried out on your behalf. We reserve the right to charge you for costs incurred in connection with listing your Property provided that the relevant costs are agreed in advance. We will inform you of all such costs as they arise and will provide an itemised statement of any such costs on an on-going basis, Any such costs and/or fees are payable to us on demand.
You hereby authorise us to access and look after the Property during any period the Property is occupied by Guests and if requested by you while the Property is listed with us for occupancy. If necessary, you consent to and authorise us to engage tradespeople such as plumbers and electricians on your behalf as set out in this clause 3. Please note that we are not responsible for any third parties whom we may contract with to perform any work. We cannot assume responsibility for any errors or omissions by such independent contractors.
Before we market your Property we’ll agree upon some rules as well as any special instructions. These rules will be part of the agreement with Guests.
Prior to marketing we will also consult with you to agree among other things, any particular rules for the Property (“House Rules”), and any initial special instructions (such as which drawers, cabinets, closets or cupboards will be secured. The House Rules as well as the special instructions may change from time to time. It is your responsibility to inform us of any updates. We will take reasonable steps to ensure that our staff and contractors as well as Guests using the Property are made aware of and provided a copy of the House Rules but we are not liable for any breach of the House Rules by those parties. The Accommodation Agreement between you and the Guests will govern any liability for breach of the House Rules by Guests.
You’re responsible for making sure that your Property is tidy and complies with applicable laws, including zoning, land use, fire and building codes and Health & Safety regulations before a stay. If the Property is in a building with multiple units or is part of a planned community you may be subject to rules and regulations, governing documents or agreements applicable to the building or community.
Before any Guest may occupy your Property you will be fully responsible for ensuring that the Property is tidy and sufficiently clean and complies with all relevant laws, regulations, planning restrictions, building rules and ordinances (“Regulations”) and contractual restrictions applicable to the Property (including your ownership, rental, use or occupancy of the Property). You should not consider our acceptance of your listing as an indication that you are in compliance with the Regulations, all applicable laws or your obligations to any third parties. Compliance with all such obligations is solely your responsibility as Homeowner.
We can point you in the direction of resources to help you check on certain of these matters but you are responsible for understanding the laws and other requirements applicable to your Property and for your compliance with such laws and requirements.
We may from time to time discuss the general condition and safety of the Property with you and may make recommendations as to remedial work. If you then request us to do so we may but are not obligated to assist in arranging for engineers, plumbers, electricians or other third parties to visit the Property and carry out any necessary inspections or remedial work at your cost. If, prior to commencement of a booking the Property is not tidy or sufficiently clean then we may also arrange for tidying and additional cleaning beyond that which we routinely provide, which will be subject to an additional fee payable by you.
We need at least five sets of keys during the period you are listing the Property with us.
If we engage any third parties in accordance with our Damages Policy, then we are authorised to pay those third parties on your behalf and charge you for the costs of that work together with a reasonable handling fee. This will be payable in advance or, at our sole discretion may be deducted from the Licence Fees which we collect on your behalf. Please note that in the event that this Agreement or our listing of the Property is terminated while any sums are outstanding then all such sums must be paid in full immediately. A copy of the current Damages Policy is set out at the end of these terms.
We require a minimum of five sets of keys on commencement of the marketing of the Property. You will be responsible for the cost of obtaining keys. If necessary and with your consent we may cut these or you may arrange for this yourself.
You authorise us to enter the Property for the purposes of any bookings (which may require entering the Property prior to, during and after a booking). If we are seeking to enter the Property during a period where you have told us you are resident, then we will provide you with reasonable notice.
We will list your Property on our Platform website and may also list it on third party websites such as expedia.com
The Property may be listed by us, on our website or, at our sole discretion, by displaying details of your Property on third party websites and in other media, but we are under no obligation to list any Property or to take any bookings in respect of the Property. At our sole discretion we may offer additional opportunities for promoting the Property, which may be offered at an additional cost where appropriate. If you do not wish your property to be displayed on third party websites please notify us.
During a stay we may, directly or through affiliated entities or third parties, provide certain services to help Guests with their stay. This may include meeting them at the property and providing them with certain items or services to enhance their stay.
Booking Procedure & Cancellation Policies
We’ll provide you with an online calendar for managing the availability of the Property. If a booking is accepted for a period that you have confirmed available then you will be obliged to fulfil the booking.
We will provide you with an online system by which you will set out the dates on which the Property will and will not be available for bookings. Bookings will be made via our online system and you authorise us to arrange and manage bookings and collect the Licence Fees on your behalf.
You’ll have an “Available on request” setting where we’ll check with you before accepting a booking. Once we have checked with you, and then subsequently accepted a booking, you will be obliged to fulfil the booking.
We can update the online availability schedule on your behalf at your written request. From time to time we may send you reminders by email to update the availability schedule for the Property but it is your sole responsibility to maintain your online availability and keep it up to date. You will be able to select to make the Property “available” (green) or “blocked” (not available, red), or you may indicate that it is “available on request” (amber). We will assume (unless you inform us that the Property is “blocked” or “available”) that there is “no information” for the Property but we may still contact you regarding bookings in relation to these periods and such enquiries will be subject to your right to decline a booking under clause 4.3.
Available on request”: unless you have told us that the Property is “blocked” or “available”, then the Property will be deemed to be “available on request”. Consequently, we will notify you by email, or text once we receive an application for a booking from a proposed Guest and provide you with a fixed time period in which to respond which will usually be twenty four (24) hours but may be less for last minute bookings. You will then have such time period in which to inform us by email, text or via our online service (where possible) that you wish to accept or decline the booking. Please note that if you do not accept the booking promptly within the indicated time period then we will not make the booking and the opportunity for the booking may be lost.
If we accept and confirm a booking for a period in which you have confirmed that the Property is available then you will be deemed to have accepted and confirmed the booking and will be obligated to honour such booking.
If there are any particular dates you wish to block out and on which you would like us to refuse any booking then you must let us know in advance of any bookings being confirmed for such dates and as soon as you are aware that the Property will be unavailable by amending the availability schedule for the Property online. You will not be entitled to block out any dates once a booking has been made.
Guest Booking Cancellation Policy
The cancellation policy for each booking will be set out via a link to the Cancellation Policy on the website in the Confirmation of Booking. If the Guest cancels a booking within 24 hours (the “Cool Off Period”) of receipt of their confirmation of booking (Confirmation of Booking), then provided the Guest cancels more than seven days prior to their stay, then the Guest is entitled to a full refund.
If a Guest cancels a Booking or does not show up for the Booking then the Guest will be liable to pay the Licence Fees in accordance with the cancellation policy on the onefinestay website a link which is provided within their Confirmation of Booking applicable for the entire term of the Booking. You will then (provided that the cancellation does not arise from your negligent or wilful act or omission) receive the same proportion of the Licence Fee we have retained from the Guest as the proportion of the total Licence Fees you would have received had the Booking proceeded as normal. We will use our reasonable endeavours to assist in the collection of any Licence Fees payable to you but will not be responsible for the cost of issuing proceedings.
Each Accommodation Agreement represents a contract to occupy the Property on a licence on given dates. Any variation of dates or accommodation by either party will amount to a cancellation of a booking unless the other party agrees otherwise.
In the event that the Property becomes unavailable during the booking and in the event that the Guest does not accept any suitable alternative accommodation which is offered to them then the Guest shall be entitled to cancel the booking and the relevant proportion of any amounts paid will be refunded to the Guest.
In the event you have to cancel a confirmed booking you’ll be liable for all costs or losses of cancelling and accommodating the guests elsewhere.
In certain circumstances such as a force majeure event we reserve the right to amend our cancellation policy and the terms of this clause 4 and you agree to any amendments made in full. You will be notified of any amendments by email and referred to the amended cancellation policy on our website.
Cancellation or Refusal of Booking by You
You are not entitled to cancel a Booking once a Confirmation of Booking has been sent. If you seek to terminate a confirmed booking then you will be liable for the Cancellation Fee and if applicable the incremental costs of alternative accommodation exceeding the original Booking of the Guest. In exceptional circumstances we will, where possible, assist you with arranging suitable alternative accommodation for the Booking. If there is any surplus to pay as a result of your cancellation then this will be your responsibility and you agree to the deduction of any costs incurred in connection with such cancellation from your next payment to us or alternatively you will pay us promptly in full if there are no confirmed bookings in the Property for any costs incurred in connection with such cancellation.
Cancellation fee can be seen in the current guidance on homeowner charges which is maintained online at https://www.onefinestay.com/guidance-on-host-charges/
In the event a Guest cancels a booking prior to arrival the Property must remain available for further bookings.
If a Guest cancels a booking and you subsequently remove the corresponding cancelled available dates from your availability on your calendar, we will if applicable withhold payment of the Licence Fees for the cancelled booking in full. If you retain your booking dates as available, unless we have been able to secure a new booking for the relevant dates (and provided that the cancellation does not arise from your negligent or wilful act or omission) you will receive the same proportion of funds we have retained from the Guest as the proportion of the total Licence Fees you would have received had the booking proceeded as normal. If we are able to secure a new booking during the cancelled booking dates you will also receive your share of any Licence Fees collected for those dates.
You’ll receive a “Licence Fee” calculated on a per night basis. We’ll discuss the achievable Licence Fee for your property and we’ll manage your invoicing and payments for you. We’ll report to you in the month following the conclusion of any Bookings.
You authorise us to determine the achievable Licence Fees for the Property based on the Property’s location, condition, the time of year and length of the booking.
We will collect all Licence Fees on your behalf from the Guest. You authorise us to issue invoices to Guests and collect Licence Fees from Guests on your behalf. You authorise us to collect or remit on your behalf directly or through third party payment services.
We will account to you on a monthly periodic basis for the Licence Fees which are payable to you after deducting our fees (plus applicable taxes, or governmental fees payable as required) and any outstanding out-of-pocket costs or disbursements we have incurred. We reserve the right to account to you no later than 15th of the month in the month following the end of a booking.
Your fee and/ or revenue share will be set out in your Listing Particulars, Booking Confirmation or as otherwise agreed (“Licence Fee”). The agreed commission rate payable to us will be deducted from the Licence Fee.
As the Owner of a Property that is being licensed for occupancy to a third party, you may be subject to various obligations under relevant regulations, and various tax obligations with respect to the use of the Property and the License Fees paid to you. Certain jurisdictions may also require that you register the Property with local authorities and/or obtain permits before allowing Guests to occupy the Property.
All Licence Fees are subject to deductions for any amounts you may owe to us in respect of maintenance, repair and other charges and we will be authorised to deduct from your Licence Fees, any set-offs or disbursements such as exceptional cleaning fees, or other fees which have not been paid and any third party costs or costs of compliance which we have settled on your behalf.
If you are overpaid with respect to any Licence Fee or any other amount, then you agree to reimburse us for the overpayment immediately on request and we will be entitled to deduct the overpayment from any future Licence Fees due to you. We will commence our credit control procedures to recover payment from you if you have not settled any overpayment within 14 days.
Unless you expressly and in writing advise us otherwise, you represent and warrant that you have not registered the Property with any authorities that regulate the use or occupancy of your Property (if any). If we are required by law to register your Property and/or share your information with any local authority, governmental or quasi-governmental agency or authority in order to list it, we will advise you at the time of the listing and set out any fees payable in the Listing Particulars. If we are required by any local authority, governmental or quasi -governmental agency or authority to provide information regarding your Property including fees or listing details, you agree that we will not require your additional consent.
You authorise us to negotiate discounts, extra nights and rebates, and to deal with any complaints on your behalf which may involve refunding fees to the Guest in respect of the Booking. In the event that fees are refunded to a Guest then both your Licence Fees and our fees will be reduced by a proportionate amount (save where the refund arises as a result of any wilful or negligent act or omission on your part).
We may propose alternative fee arrangements to apply during particular calendar periods. Any such special arrangements will be communicated by us in writing. If we do not hear back from you within 7 days, we shall regard the proposed arrangements as agreed to by you.
We presume you are not registered for VAT. If you are registered for VAT you must inform us when marketing the Property. In addition if you become liable to register for VAT during the term of this Agreement then again you must inform us immediately. In any event all licence fees which are paid to you and payable by the Guest are deemed to be inclusive of VAT.
As a Homeowner of a Property to be used by third parties you are under various obligations with respect to applicable Regulations. We are not qualified to provide advice on regulatory, health and safety or fire risk matters or resolve any issues relating to the aforementioned.
You are solely responsible for compliance with all Regulations which may apply to the Property including, without limitation those require that: appliances and equipment is properly and regularly maintained in good working order, and the Property is safe and fit for habitation, smoke and carbon monoxide alarms are installed and fully operational, all means of ingress and egress from the Property, including any stairways, walkways and driveways are properly maintained in safe condition in compliance with all Regulations with adequate lighting, any pools, hot tubs, or other hazards are properly gated or fenced and maintained in accordance with all Regulations, and all windows in any high-rise building have appropriate safety guards.
You are solely responsible for ensuring appropriate insurance is in place. We do maintain insurance to cover liability for certain types of losses that may occur at the Property, please see clause 10 below for more information. However our insurance will not cover any prosecution, penalties or fines imposed on you or any additional costs or expenses you are required to incur as a result of your failure to comply with your obligations under applicable Regulations or any agreements or governing documents relating to your ownership, use or occupancy of the Property including without limitation any insurance policies. You may be liable for fines or penalties or for more serious consequences if you fail to comply with these obligations.
You may also be liable to a Guest for any damage, injury, or loss that they may suffer during a stay, where the relevant damage, injury or loss arises due to a breach by you of applicable Regulations, breach of the Accommodation Agreement, misrepresentations by you as to the details of the Property or any unsafe condition at the Property. To the extent that there are any conditions or facts regarding the Property that are not obvious from the listing details and photos included on the website, these should be disclosed to us.
If we incur costs for any third party contractor we will either charge you for these in advance or (at our sole discretion) deduct such costs from your Licence Fees. Please see above and the Damages Policy for limitation on our liability for any defects, errors or omissions by any third party contractor we may engage on your behalf.
You also warrant that you own the Property or that you are authorised by the owner or landlord to arrange a licence to occupy the Property to Guests. If you are in any doubt you should check the terms of your lease, mortgage and/or title documents or any relevant by-laws, rules or regulations applicable to the Property to ensure that you are able to list and license the Property for occupancy by Guests.
As a Homeowner, you are required to ensure that you let us know of any types of surveillance or recording device (e.g. cameras and security systems) inside or on the exterior of your Property even if not turned on or fully visible. You must ensure all interior recording devices are turned off before any Booking commences. Failure to disclose any interior recording device, which is later reported by a Guest or failure to turn off any interior devices will lead to liability to the Guest for breach of applicable privacy and data regulations. You will, of course, be allowed to continue the use of any exterior perimeter cameras or other home security systems so long as the Guest is made aware of these systems.
Please note that any Licence Fees paid by us to you may be subject to income tax and VAT. It is your responsibility to pay any applicable income tax with respect to any Licence Fees or income remitted by us to you. It is also your responsibility to determine if your license of the Property is subject to any other taxes or fees or violates any Regulations or agreements to which you or the Property is subject. It is your responsibility to determine if your license of the Property constitutes commercial use and is subject to any taxes or fees or violates any Regulations or agreements to which you or the Property is subject. We are not responsible for, nor should acceptance of your listing be considered a determination by us that the license of your Property does not constitute commercial or business use.
Please note that while a Booking is in progress you agree that you will not enter the Property except by agreement with us. If you wish to conduct viewings of the Property while a booking is in progress this will be with the consent of the Guest only and we may apply discounts to the Guest’s stay to compensate them for the inconvenience (and you agree that any discount provided to a Guest to allow a viewing will be deducted from the Licence Fee payable to you).
You also agree to provide and pay for all utilities reasonably required by the Guest during their stay at your Property including but not limited to heat, water, electricity, natural gas, and telecommunications and we will not be liable for, or responsible for, any usage charges which apply.
Either party may terminate this Agreement at any time. If you terminate this Agreement, you agree to honour any outstanding bookings confirmed prior to the termination date. We will not accept any new bookings for the Property after the date of termination, but this Agreement will continue in effect with respect to all then-existing Bookings (subject to clause 4).
In the event that this Agreement is terminated while any Licence Fees, fees or charges whatsoever are outstanding to us, you must pay all outstanding Licence Fees, fees or charges to us immediately without set-off or deduction.
We will be entitled to terminate this Agreement immediately if:
a) you are in material breach of any of the terms of this Agreement or the Accommodation Agreement relating to any booking; or
b) you do anything to put our goodwill or reputation at risk; or
c) you refuse to allow a booking to proceed after a booking has been confirmed in accordance with this Agreement (in addition to our rights under clause 8); or
d) you refuse to cooperate with us in respect of this Agreement.
e) your Property has not been maintained at an appropriate standard or alternatively presents a security or safety risk to a guest.
Either you or we may end this Agreement at any time, but in such event you agree to honour any outstanding confirmed Bookings. We will not accept any new Bookings for your Property after the agreement has been ended.
In the event that this Agreement is terminated by you and a) existing bookings cannot proceed under clause 9.1 or b) this Agreement is terminated by us under clause 9.3 while there are existing bookings; you will be fully liable to us (under the terms of this Agreement) and to the Guest (under the Accommodation Agreement) for all associated costs, charges, expenses, damage, losses and liability which we or the Guest incur, including the cost of supplying the Guest with appropriate alternative accommodation. You agree to indemnify us and hold us harmless from all such losses, damages, costs, charges and expenses (including costs of enforcing this Agreement or defending any claims arising out of the foregoing and reasonable attorney’s fee) on a continuing basis resulting from or related to any such cancelled booking.
We may, from time to time, adopt policies and guidance in relation to cancellations that will be binding upon you and will notify you of the existence of such policies. Current guidance on Homeowner charges is maintained online at https://www.onefinestay.com/guidance-on-host-charges/
In the event that we terminate the agreement in accordance with clause 7.3 we will not be liable to you for any Licence Fees for cancelled Guest bookings.
In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees and expenses, liability and damage).
Our Liability to You
We limit our liability to you in certain respects. This paragraph details our liability and we recommend you review it in full.
We will not be liable to you in the event of a claim by a Guest against you except to the extent any such claim is primarily the result of our negligence (save as specified in clause 8.3 and 10 below). You will indemnify us for any claims by Guests against us arising out of any breach by you of the Accommodation Agreement, this Agreement, or any misrepresentations (or failure to disclose material information) in your listing (e.g. that the property is occupied by pets and therefore is not appropriate for someone with pet allergies) including reasonable legal fees and costs.
We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as but not limited to lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services we provide to you (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud or wilful concealment by us.
If a guest causes damage or loss to your Property or contents during a onefinestay booking (other than reasonable wear and tear arising from the ordinary use of the home), we will accept limited liability in some cases and will recover it from the guest or under our own insurance policy. Please see our Damages Policy for further details on what constitutes damage, and wear and tear.
We accept liability for damage to the Property and damage and loss of the contents of the Property solely to the extent provided in clause 10. We will not be liable for any Property loss or damage, or any loss, theft or damage to contents which is caused by a Guest and is not either a) covered by the Guest’s security deposit; or b) recoverable under our insurance policy. We are not liable for the amount of any insurance excess or to the extent that any policy limitations or exclusions apply.
We also reserve the right to discontinue insurance covering loss or damage to the Property or contents by notifying you by email (in which event we will no longer be liable for any such losses). We may also, at any time, change the terms of any insurance which covers damage to the Property or contents (including changes to the exclusions, limitations or underwriter of such insurance) in which event we will notify you in writing. Please refer to clause 10. You are entitled and encouraged to obtain additional cover at your own expense. If we change the terms of any insurance and you have outstanding bookings scheduled you are entitled to obtain your own insurance at your own cost.
Our liability to you for all losses not covered by our insurance as described in this clause 8 is capped at a maximum of £20,000.
Nothing in this Agreement limits or excludes our liability for death or personal injury arising as a result of our negligence.
We will take a card preauthorization from guests to cover damage up to the level of the deposit and will rely on our insurance to cover damage to the extent such coverage is available. If we don’t have coverage our liability is capped.
Please note that in the event that a Guest refuses to depart the Property then you may need to take steps to recover possession of the Property. It will not be our responsibility to remove the Guest or his or her belongings and recover possession on your behalf. We will, of course, use reasonable efforts to direct you to local resources that may be able to assist you with this process.
You understand and accept the limitations on our liability set forth above and acknowledge that they are reasonable and appropriate.
You will be liable to us and to any Guest who may suffer or incur any loss, injury or damage in respect of any breach by you of the terms of this Agreement or any Accommodation Agreement, including indemnifying us for any claim against us by any Guest arising out of your breach.
You will be liable to the Guest for the safety of the Property and for ensuring that the Property is both available on the dates which have been booked and is in the condition as listed on our website.
In the event of an issue, complaint or dispute with a Guest relating to a breach of clauses 11.1 or 11.2, you shall use your best efforts to resolve such dispute and we shall be entitled to (but shall not be required to) mediate and negotiate on your behalf in relation to the dispute.
We may determine at our absolute discretion (at all times acting reasonably) the settlement or payment by you of remuneration as may be necessary to compensate a Guest for any loss or damage suffered or incurred from a breach by you of the terms of this Agreement or the Accommodation Agreement.
This clause outlines the circumstances in which you may be able to recover the cost of repair or replacement if your Property is damaged during a Guest stay.
Reporting Damage to Us
In the event that you discover any damage to the Property or loss or damage of contents at the Property, you must inform us as soon as you become aware of the loss or damage. In any event the claim must be reported to us no later than 45 days after the date on which the damage arises and no later than 5 days after you have returned to the Property. If you fail to report the damage to us within these time periods you will have no right of recovery from onefinestay or via our insurance (and it will in practice be difficult to recover from the Guest if the damage is reported after their security deposit has been returned to them). You agree to provide proof of purchase to evidence your claim if requested by us. Provision of invoices for all repairs or replacements must be provided within 3 months from the date we confirm approval of your claim. Failing which any claim you have made against us will be closed without compensation.
Damage Caused by onefinestay
If as a result of a wilful or negligent act or omission on the part of onefinestay you suffer damage to the Property or loss or damage to Property contents then we accept liability for such loss or damage, up to the caps and limitations on our liability which are set out in clause 8.
Under the terms of your Accommodation Agreement with the Guest, the Guest is responsible for all damage which is caused by a Guest or their party or arises during the period of the Guest’s occupancy and use of the Property.
Where damage arises and is reported to us on a timely basis in accordance with clause 10.2 above, we will first seek recovery from the security deposit we have taken from the Guest. We will generally obtain a card pre-authorisation from your Guest by way of credit or debit card charge. If damage to the Property or contents is directly caused by a Guest and the liability of the Guest is admitted or clear (and the charge has not subsequently been released), then we will take steps to recover the first £1,000 of any claim for damage from the Guest.
We are not responsible for pursuing or taking legal action against any Guest for loss or damage which cannot be recovered from the security deposit.
Ordinary Wear and Tear
Loss and damage which arises due to ordinary wear and tear arising from Guest stays is not recoverable. Ordinary wear and tear will include (but is not limited to) scuff marks, discolouration of soft furnishings or paint over time, minor stains or marks which arise to kitchen or bathroom surfaces, walls, wood furniture or soft furnishings in the ordinary course of use of the Property.
Loss or Damage covered by our Damages Policy
Our Damages Policy also sets out terms under which we may, in our sole discretion, reimburse the cost of certain damage (up to the liability cap set out in clause 8) where this is not recoverable under our insurance policy (see below) or from a Guest, but any such reimbursement is at our discretion and subject to the terms of the Damages Policy. We recommend that you check your existing insurance to ensure that it covers your loss, theft or damage to the Property or any of its contents and your personal liability for other injury or losses including your liability to a Guest as we only provide insurance coverage based on our Damages Policy.
Please note that certain items including jewellery, watches, cash and cash equivalents, cars and vehicles of any nature and business losses are excluded and, as a matter of policy we will not reimburse any loss or damage to these items (please refer to the Damages Policy for more details on exclusions). We advise you to ensure that you have appropriate insurance in place to cover this risk.
We have an insurance policy which offers limited cover for certain loss or damage which may arise during a Guest’s stay. Damage caused to the Property during a booking is covered by us subject to our insurance policy terms and conditions. Damage to art or sculptures will be covered up to the value of £10,000 in total for single or multiple items and will require proof of value and ownership.
Subject to the exclusions noted in clause 10.9, theft of all other items will be covered by us up to the total value of £10,000 for single or multiple items per booking.
For items over £1,000 we will need proof of value/ownership i.e. a receipt or valuation statement.
Please note that the policy is subject to limitations and exclusions and a summary of the terms of the policy is available on request.
If as a result of a Guest’s use or occupancy of the Property you suffer damage to the Property or loss or damage to Property contents and that loss or damage is directly caused by a Guest or anyone in their party and this sum is not recovered from the Guest, then we will accept liability for such loss or damage to the extent only that such loss or damage is covered by our insurance policy and subject to clause 8.4.
We do not accept liability for any damage arising at a commercial event.
Once you have notified us of a claim, and in the event that the full amount of the claim cannot be recovered from a Guest, we will in turn make a claim under our insurance policy unless we reasonably believe that such claim is not covered by the policy or otherwise has no reasonable prospect of success, is commercially not feasible or we reasonably believe that the damage has not been caused by a Guest in connection with a booking. You will not be entitled to any payment (save at our absolute discretion) until such time as our claim has been determined by our insurers. If we receive payment from our insurers in respect of the claim then we will pass that payment on to you after deducting any amounts which may be owed to us. We will not be responsib
Please note that the amount you receive in the event of a claim that is submitted for recovery from our insurance carrier will be subject to deduction of an excess or deductible (which we will not refund) and will be subject to other limitations and exclusions as described in the summary of insurance available upon request. However where a Guest is at fault for any loss or damage we will seek to recover the first £1,000 of any claim from the Guest on your behalf as set out above.
Please note that our insurance does not apply to commercial events or any non-residential use of the Property and we have no liability or obligation whatsoever for any loss or damage arising as a result of any commercial event at the Property (but please note that you are not obliged to accept any commercial event booking). Clause 12 (below) applies to commercial event bookings.
Nothing in this clause will amount to any assumption by us of any proprietary interest in the Property or any contents of the Property; we are not an owner, licensee or lessor of any property.
Pets and Plants
We will not feed, water or maintain any houseplants, trees or flowers at the Homeowner’s property. Nor will we maintain any garden or outside areas. We will not be liable for death of or damage to plants or trees and the Homeowner is responsible for ensuring that plants, trees and outside areas are watered and maintained and that the Property is kept clean of pet dander and other allergens.
We will not feed, water, clean or otherwise care for any pets or animals at the Homeowner’s property (e.g. fish). The Homeowner is responsible for ensuring that any animals are fed, watered and maintained.
If you authorise a booking by a Guest with a pet, then we will not be responsible or liable for any damage caused by the pet. However in the case of damage caused by pets we may be able to deduct applicable sums from the Guest’s deposit and we may undertake a deep clean of the property (which we will charge to the Guest) following the Guest’s departure.
The Property may be booked from time to time for special commercial purposes or events including but not limited to corporate events, and television and movie shoots (“Special Events”).
You grant us the right and authority to accept bookings for Special Events to be held at the Property whenever the Property is available for booking generally subject to your prior written consent for each Special Event. It shall be your sole responsibility to notify your neighbours in advance of any Special Event bookings. We shall have authority to specify the terms which apply to Special Event bookings but we will generally book Special Events on the terms of the Special Event Booking Agreement (a copy of which is available on request). You agree to the terms of the Special Booking Agreement in full.
The standard insurance policy which we provide for bookings made via its Platform to cover property damage and other liabilities, does not apply to Special Events.
You agree to opt-in to accepting commercial event bookings at the Property. For such bookings, some different terms will apply as set out in this clause and the Event Booking Agreement.
You agree that we will not be liable in any circumstances for any damage to the Property or the contents or any other damage or loss sustained by you, which is caused by any Special Event Guest or during the period of any Special Event booking. Any such liability will solely lie with the Guest concerned to the extent that the damage arises due to breach by the Guests.
We agree to ensure that each Special Event Guest signs a Special Event agreement which includes a requirement for the Special Event Guest to observe certain terms and conditions relating to noise and nuisance and to obtain insurance covering the event and the Property. We will provide insurance certificates to you on request.
You agree and acknowledge that we are not responsible for verifying whether or not you are entitled to allow use or occupation of the Property for the purposes of Special Events. You agree to notify us in writing if you are unable to allow use or occupation of the Property for the purposes of Special Events so that we can remove your Property from availability for Special Events.
For the avoidance of doubt if damage or loss is caused by a Special Event Guest attending the Property under an agreement onefinestay has negotiated and this sum is not recovered by the Special Event Guest, onefinestay will not accept liability for such loss or damage.
We will generally obtain a card pre-authorisation or deposit from each Special Event Guest who has made a booking for a Special Event by way of credit or debit card charge. If damage to the Property or contents is directly caused by a Special Event Guest and the liability of the Special Event Guest is admitted or clear (and the charge has not subsequently been released), then we will take steps to recover the claim for damage from the deposit or pre-authorization made by the Special Event Guest, without any responsibility for any additional amount.
You explicitly agree that clause 10 of the above terms will not apply to any bookings for Special Events made with respect to the Property and acknowledge that you could and should seek to obtain your own insurance in relation to any damage to the Property or its contents.
Marketing of Your Property
You grant us the right and authority to use your Property without cost for one (1) night per year for press, marketing, sales, photography and other business purposes. Such booking will occur during off peak season and be reasonably designed to minimise any significant loss of revenue to you.
You agree for us to use all photographic images taken by us of the Property for marketing purposes.
We will obtain insurance covering property damage and other liabilities related to our usage of your Property for such purposes and will provide insurance certificates to you on request.
You agree that you have the power to enter into this Agreement, that you own or are authorised to licence the Property, and that the Property is not subject to any third party rights which might affect your ability to license the Property.
You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to us against any amounts that we may owe to you. However, we may withhold by way of set-off any amounts which we owe you against any amounts you may owe to us.
This paragraph covers the general terms of our agreement and our service. Among other things, you confirm your right to enter this agreement with onefinestay, and acknowledge that we may share your information with third parties or companies within our group.
We may use employees or self-employed contractors and we shall have discretion as to which of our employees or subcontractors are assigned to perform any services we provide to you.
This Agreement is personal to you and may not be assigned. If you sell the Property you may not transfer this Agreement to the purchaser except with our express written consent.
We will be entitled to assign or sub-contract our obligations under this Agreement.
We 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 our obligations, if the delay or failure was due to any cause beyond our reasonable control such as fire, explosion, earthquake, storm, flood or other weather or natural disasters; pandemics and epidemics; unavailability of necessary utilities; burglary; internet service provider failures or delay, or denial of service attacks or other communication outages; war, civil unrest, acts of terror, insurrection, or riot; acts of God or the public enemy; strikes, labour stoppages or slowdowns, or other labour problems; embargoes; any law, act, order, proclamation, decree, regulation, ordinance, or instructions of government or other public authorities, or judgment or decree of a court of competent jurisdiction; national or regional emergencies; transportation outages; or any other event beyond our reasonable control.
Save in the case of fraud, negligence of wilful misconduct on the part of onefinestay or its employees these terms as completed and supplemented by the Listing Particulars and any written correspondence between you and us from time to time in respect of Special Arrangements represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
We may be required to undertake reporting, record-keeping and identification procedures. We may also seek to verify your details electronically. We may undertake credit reference or other similar searches. On occasions we may need to ask you for ID documents. Where such information is requested, you agree to provide such information promptly.
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.
These conditions are governed by the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
If you breach these Terms and Conditions and we decide to take no action or are delayed in taking action, no such failure to take action or delay shall limit our rights to take action and enforce our rights and remedies for that or any other breach.
We may revise these Terms and Conditions from time to time, and will always post the most current version on our website. If a revision materially affects your rights or obligations, we will notify you (by, for example, sending a message to the email address associated with your accountn or posting on our blog or on this page). By continuing to use our services after the revisions come into effect, you agree to be bound by the revised Terms and Conditions.
Any notice under this Agreement (with the exception of a notice of termination served by you or a rejection of a booking) may be served by letter, email or, by directly entering information into a specially designed area of our website. A notice of termination may be served by you either by registered post to our registered office (details available on our website) or by email. A notice of termination which is sent to us by email shall not be effective until it has been acknowledged by us (and any ‘out of office’ or autoreply shall not amount to an acknowledgement for the purposes of this clause). A rejection of a booking may only be made by text or email to the number and email address specified in the notice of booking.
For the purposes of this Policy, we will use the following terms as defined below:
“Booking” means a licence to occupy the Property by a Guest for an agreed upon time period.
“Excluded Items” means damage or loss that is not covered by onefinestay’s Insurance Policy including (but not limited to) theft of jewellery, watches, cash and cash equivalents, car keys, cars and vehicles of any nature, business losses.
“Glassware” means glasses, vases or other glassware kept at the property of a Homeowner for a Stay.
“Guest” means a person who stays at a Property listed on the onefinestay website.
“Guest Damage” means any damage to a Property caused by a Guest or a member of onefinestay staff during a Stay other than:
- a Home Breakdown;
- Wear and Tear; or
- damage to and/or loss of any Excluded Items.
“Home Breakdown” means an issue with a Homeowner’s Property that:
- affects its core functionality;
- causes the Homeowner's Property to fall below the Home Standards; and
- arises during the ordinary use of the Homeowner’s Property by the Guest and/or onefinestay during a Stay.
Examples of a Home Breakdown include (but are not limited to) the breakdown of a fridge, or other appliance, a boiler or the internet, improperly functioning heating or air conditioning or other HVAC systems, a drain becoming blocked, damage arising from a flood or leak caused by plumbing at the property or fixtures and fittings becoming loose and unusable.
“Home Standards” means the standards adopted and updated by onefinestay from time to time in relation to the expected standard of a Homeowner’s Property.
“Homeowner” means a person who is the owner of a property or who has authority to act on behalf of the owner or has permission from the owner and lists a property on the onefinestay website as available for an individual or individuals to stay at under a licence to occupy for an agreed period.
“Insurance Policy” means the insurance policy issued to onefinestay from time to time, if any, by its insurance carriers to cover risks associated with individuals staying at the property of Homeowners.
“Kitchenware” means plates, saucers, bowls and other crockery and utensils, and cookware left at the property of a Homeowner for a Stay.
“onefinestay” means the group of companies trading as “onefinestay” under and including Lifealike Limited.
“Quotation Estimate” shall have the definition in paragraph 2.5 below.
“Stay” the period of time the Homeowner’s Property is being used for a Booking by a Guest arranged by onefinestay and including any period when the property is being prepared by onefinestay either before or after such stay.
“Wear and Tear” means any damage to a Homeowner’s property caused during a Stay that:
- does not affect the core functionality of the property;
- does not cause sufficient damage to the property to breach the Home Standards;
- is reasonably immaterial in nature for a property being used for stays (as determined in our absolute discretion); and
- arises in the ordinary course of the property being inhabited,
Examples of Wear and Tear include (but are not limited to) scuff-marks on a wall of the property of less than 5cm in length, gradual discolouration of a carpet over time or a light bulb breakage.
onefinestay may reimburse a Homeowner for the cost of remedying or replacing any Guest Damage at onefinestay's absolute discretion in accordance with this paragraph 2. Reimbursement under this policy is discretionary, except where we have been able to make a successful claim under our insurance policy (please see paragraph 6).
Homeowners agree that onefinestay may seek to recover the cost of any Guest Damage caused by a Guest. If onefinestay reimburses a Homeowner for any damage then the Homeowner assigns (transfers) to onefinestay its right to recover the relevant amount from the Guest.
In the event that onefinestay is either made aware of any Guest Damage arising during the Stay or upon a reasonable inspection of the property discovers any Guest Damage, onefinestay will use reasonable endeavours to inform the Homeowner of such Guest Damage before the Homeowner returns to the property.
In the event onefinestay fails to identify any Guest Damage (other than Guest Damage identified in accordance with paragraph 2.3 above), the Homeowner must notify onefinestay of any Guest Damage within a period of 5 days from the date on which the Homeowner returns to the Property up to a maximum period of 45 days from the date the Stay finished. After this time period, onefinestay will not accept any claim for Guest Damage.
Upon notification of the existence of Guest Damage in accordance with either paragraphs 2.3 and 2.4 above, onefinestay will obtain quotations from their own and/or third party contractors for the remedy or rectification of the Guest Damage and will notify the Homeowner of the value estimate contained in the quotation (the “Quotation Estimate”). If the cost of repair is expected to be less than £1000.00 then onefinestay may arrange for the relevant repairs without obtaining quotations.
In the event a Stay is:
- ongoing and it is necessary (as determined by onefinestay) to remedy or rectify the Guest Damage during the course of the Stay, onefinestay will co-ordinate with their own and/or a third party contractor to remedy and/or rectify the Guest Damage; or
- finished and the Guest Damage has not been rectified and/or remedied, onefinestay shall notify the Homeowner of the Quotation Estimate (unless the cost of repairs is £750 or less).
onefinestay will seek confirmation from the Homeowner that the works can proceed under the Quotation Estimate. The Homeowner agrees to authorise the works to proceed as soon as possible and in any event within five days. If the Homeowner refuses to authorise the works and the Homeowner does not have reasonable grounds to do so, then onefinestay will not be responsible for making good the damage or liable for the cost of rectification of the relevant damage.
The Homeowner must use the contractors recommended or approved by onefinestay or onefinestay’s insurers. If the Homeowner refuses to use the contractors recommended or approved by onefinestay or its insurers then neither onefinestay nor its insurers will be responsible for making good the damage or liable for the cost of rectification of the relevant damage.
onefinestay will not reimburse any Damage relating to Glassware or Kitchenware other than in its absolute discretion and, in any event, any such reimbursement as determined by onefinestay would be up to a maximum of £20 per item damaged.
onefinestay will not in any circumstances reimburse the cost of any theft of jewellery, watches, cash and cash equivalents, cars and vehicles of any nature and business losses (this is a non-exhaustive list). In the event an agreement is made in advance, damage to art or sculptures and items which are not excluded will be covered up to a total combined value of £10,000 for single or multiple items and will require proof of value and ownership (for example a receipt or valuation statement.
If onefinestay offers to cover some or all of the cost of repair or replacement then the offer will be open for a period of 14 days commencing on the date the offer is made. If the Homeowner does not accept the offer within such a 14 day period then onefinestay may withdraw the offer to cover the applicable cost.
Subject to paragraph 3.3, a Homeowner has sole responsibility for the cost, remedying and rectification of any Home Breakdown.
Upon discovery of a Home Breakdown, onefinestay will notify the Homeowner as soon as reasonably practicable of such a Home Breakdown.
If it is not possible to contact the Homeowner within 24 hours of the Home Breakdown and either:
- a Guest is staying in the Homeowner’s property at the time of the Home Breakdown; or
- a Stay is starting within 72 hours of discovery of the Home Breakdown; or
- the Home Breakdown is likely to cause material damage to the Homeowner’s property if the Home Breakdown is not remedied or rectified promptly, onefinestay will use reasonable endeavours to temporarily or permanently remedy and/or rectify the Home Breakdown including engaging third party contractors.
In the event onefinestay engages any cost in the remedy or rectification of a Home Breakdown in accordance with paragraph 3.3, the Homeowner will be liable to pay for the cost of such remedy or rectification of the Home Breakdown and at all times onefinestay will use reasonable endeavours to mitigate and reduce the cost of any such work.
Wear and Tear
Homeowners are solely responsible for the costs, remedy and rectification of making good Wear and Tear.
onefinestay does not report to Homeowners instances of Wear and Tear at the property, unless over a period of time, the cumulative effect of many instances of Wear and Tear causes the property to breach the Home Standards (as determined by onefinestay).
In the event that the cumulative effect of many instances of Wear and Tear causes the property to breach the Home Standards and a Guest’s Stay is or will be affected detrimentally (as determined by onefinestay), onefinestay may temporarily or permanently rectify or remedy such Wear and Tear.
In the event onefinestay engages any cost in the remedy or rectification of cumulative Wear and Tear in accordance with paragraph 4.3, the Homeowner will be liable to pay for the cost of such remedy or rectification of such Wear and Tear, but at all times onefinestay will use reasonable endeavours to mitigate and reduce the cost of any such work.
Other excluded items
We will not be liable or responsible for any damages claim if the claim is reported to us more than five days after the Homeowner returns to the Property up to a maximum period of 45 days from the end of the Stay.
If a Guest causes damage to your property and we are able to obtain successful recovery under our insurance policy, if any, then we agree to pay the amount recovered to you, and we accept liability for Guest damage to the extent that this is covered by our insurance policy and we receive payment from our insurers.