Booking services agreement, US

Agreement with Pierpont Reservations Limited (“we” or “us”)

For members of the onefinestay Club

To Supply Booking Services to Homeowners

1. About Us

1.1 We are a corporate member of the onefinestay Club (“the Club”). This allows us to provide booking and payment services to members of the Club who wish to offer property for occupation by other members of the Club. We also hold payment for accommodation on behalf of Guests and provide booking services to Guests.

1.2 We are a Booking Supplier as described in the rules of the Club. We are a service provider to members of the Club. We provide a platform for Club members to make bookings with each other and arrange for payment to be made between Club members. We are not an accommodation or bookings agent. We do not have authority to form a binding agreement between, you the homeowner member (“you” or the “Homeowner”) and a guest member (“Guest”) for the occupation of your property (the “Property”). In accordance with the Club rules (“the Club Rules”) you will contract directly with a Guest for accommodation of the Property. As we are not an agent for you, the Homeowner, Guests will be required to enter into a separate agreement with us in order to make a booking with you and hold funds on behalf of the Guest.

1.3 We are not a party to any agreement or transaction between Homeowners and Guests, nor will we be liable in respect of any matter arising which relates to a booking between Homeowners and Guests. We are not a travel agent, travel seller or reseller nor are we a travel promoter. We are not selling or promoting time shares nor are we recommending any particular properties or ensuring that such property will meet the specific needs or criteria of any member.

2. These Terms

2.1 We agree to provide the services set out below to you, the Homeowner, in accordance with these terms and conditions. We are subject to and agree to comply with the standards and rules of the Club as a corporate member of the Club. As such we will provide our services in accordance with those rules and standards and from time to time changes or variations may need to be made to these terms and conditions. In the event that we need to vary these terms we will email a copy of the revised terms to you. If you do not accept the revised terms you will be entitled to terminate your agreement with us. However, any bookings that you have made prior to such termination will continue to be binding on you.

3. Our Duties

3.1 In this agreement you instruct us to provide the following services to you:

  • We will provide access to an online booking facility used by us under licence from third parties and which may be used by the Club’s Homeowners to list their Property;
  • We will collect and hold the applicable funds for a booking you have made with a Homeowner pending the booking;
  • We will liaise with your Guest Services supplier and the Homeowners service provider in order to ensure that the booking can proceed smoothly;
  • We will assist with finding suitable alternative accommodation for a booking in the event that a booking cannot proceed.

3.2 We agree to provide our services with reasonable skill and care (subject to clause 8). All other warranties and implied terms are excluded to the fullest extent permitted by law.

4. Making a Booking with a Homeowner

4.1 A request for a booking can be made by you on the website on which the Homeowner’s property is listed,. That request will be received by us and passed on to the Homeowner (or the Homeowner may have indicated their willingness to accept bookings immediately).

4.2 Once you have confirmed your acceptance of a booking and we have received payment from you of the fees due, we will notify you and the Homeowner that the booking is confirmed and we will send the Accommodation Agreement to you. You will have made a binding booking for the Property in accordance with the Accommodation Agreement.

4.3 Under this agreement, subject to Section 4.6 below, you irrevocably instruct us to hold the funds for a booking in accordance with the Club’s cancellation policy and the terms of the Accommodation Agreement and we will return funds to you in accordance with that policy and the Accommodation Agreement. Please note that in the event that you cancel a booking you irrevocably authorise us to deduct from the amount we are holding (or charge to any debit or credit card you provided at the time of your booking) the agreed cancellation charge and to remit the cancellation charge to the Homeowner after paying any amounts owing by the Homeowner to any of the Homeowner’s Authorised Suppliers. Each Accommodation Agreement represents a contract to occupy a given property on given dates. Any variation of the dates or accommodation, including without limitation, any reduction in the number of days of your booking or the dates of your booking will amount to a cancellation of a booking, unless the Homeowner and the Club agree otherwise.

4.4 You agree that in the event of a cancellation by your Homeowner of a booking, the Homeowner (and only the Homeowner) will be liable to you as set out in the Accommodation Agreement for alternative accommodation. We will not be responsible or liable for finding alternative accommodation but we will endeavour to assist. In the event that we are able to arrange for an alternative booking between you and another Club member or arrange for alternative hotel accommodation, the Homeowner will be solely responsible for any additional costs which may be payable in respect of such booking and you may be required to pay such additional costs pending recovery by you of such amounts from the Homeowner.

4.5 Once a booking is accepted we are irrevocably authorised to deduct our costs and charges and to make payment of the funds paid by you:

  • to your Guest Services Supplier for the Guest Services;
  • to any relevant tax authorities (in respect of any taxes due for the booking);
  • to any corporate member of the Club who has supplied services to the Homeowner;
  • to the Club for any membership fees which are due; and
  • to pay the Homeowner (in respect of amounts due to the Homeowner).

Once you have appointed us in respect of a booking you are not entitled to terminate this agreement and our instruction to hold your funds is irrevocable. You will for the avoidance of doubt be fully liable in respect of any cancelled booking in accordance with the terms of the Accommodation Agreement and the Club rules. subject to the following provisions of this Section.

4.6. If, but only if, you have paid the Club’s flexible rate (which will be set forth in your Booking Summary and/or confirmation of booking) then the following cancellation policy will apply. You may cancel a booking at any time more than 48 hours prior to commencement of the booking period and you will be entitled to a full refund less our flexibility fee as set out in your Booking Summary and/or confirmation of booking). If you cancel a booking 48 hours or less prior to the commencement of the booking period then you will be liable to pay the full Accommodation Fees for the entirety of the booking period (and you authorize us to deduct such sums from any funds we are holding or charge such sums to the credit or debit card which you supplied when making the booking). As noted above, any reduction in the number of days of your booking or the dates of your booking will amount to a cancellation of a booking. The cancellation provisions of Sections 4.3 through 4.5 above shall apply to the revised booking. The flexible rate must be selected and purchased at the time of the 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.

5. Guest Services

5.1 When you make a booking you will also agree with a guest services supplier (“Guest Services Supplier”) that they may supply guest services to you. It is a condition of the Club rules that guest services are provided and you will not be able to opt-out of these services (however your accommodation fees quoted by a Homeowner will include the cost of basic “Included” Guest services).

5.2 The Guest Services Supplier will also be a corporate member of the club and will be available to welcome you to the Property and will also provide cleaning services, linen changing and such other services as you may request.

5.3 Some services will be included within the accommodation fee listed by the Homeowner and will be set out on your invoice for accommodation charges (“Included Services” as set out below). Other services (“Additional Services” as set out below) will require additional payment which you authorise us to collect by credit or debit card and remit to the Guest Services Supplier.

5.4 The following services are Included Services:

  • Welcome to the Property and key hand over;
  • Cleaning of the accommodation before and during the stay;
  • Access to helpdesk services for inquiries regarding the Property (but additional telephone charges may be payable for use of this service);
  • Housekeeping (changing of linens);
  • Check-out and collection of keys.

5.5 The following services are Additional Services for which an additional charge will be payable as set out below:

  • Concierge services (advice on the area, booking of third party events, reservations etc.);
  • Equipment hire (hire of audio visual equipment, tablets etc.);
  • Food ordering;
  • Stocking of refrigerator;
  • Any other services requested by a Guest which we agree to provide.

6. Guest Obligations and Homeowner and Guest Responsibilities

6.1 In order to allow us to provide the services set out in these terms you agree that you will:

  • provide the us with complete, accurate and timely information;
  • be bound by the terms of an Accommodation Agreement that we issue on your behalf;
  • cooperate fully with us in the provision of the services;
  • respond to any requests for confirmations, bookings etc which may be made by us;
  • irrevocably instruct us to hold the payment for a booking under completion of the booking and instruct us to release those funds to you or the Homeowner in accordance with the Club’s payment and cancellation policy.

6.2 We are not a party to any agreement between you and a Homeowner and will not be liable in respect of any matter whatsoever arising between you and the Homeowner relating to the property or a booking.

6.3 In the event of any dispute whatsoever between you and a Homeowner or another member of the Club in relation to a booking or a property you hereby release us from any and all liability in connection with such dispute and agree that we will not be liable or responsible in any way in respect of that dispute or to resolve that dispute.

7. Charges and Payments

7.1 You agree to pay our charges and expenses as may be specified from time to time. These charges for the services outlined in these terms will not be commission based but will usually be based on a fee per-booking or based on our expenses and licence fees.

7.2 Invoices will be issued to you in respect of each booking for which we provide services and such invoices may include services provided by third party suppliers which we have paid in accordance with the Club rules.

8. Liability

8.1 You agree that our liability in respect of any loss under this agreement will be limited in accordance with these terms and conditions.

8.2 We will not be liable to you for any indirect or consequential loss or damage such as lost profit, loss of anticipated savings, data loss, lost opportunity, lost bargain, lost reputation or otherwise and whether caused by our negligence, the negligence of our employees or agents or otherwise.

8.3 Our aggregate liability including the liability of their partners, agents, subcontractors and employees under any agreement with you will be limited to the lower of £5,000 or the total receipts you have received in respect of bookings we have arranged within the twelve months up to the date on which the liability is calculated.

8.4 No claim may be brought against us more than twelve months following the date of completion of a booking.

8.5 You accept that the limitations of our liability set out above are reasonable in all the circumstances given the limited nature of our duties under this agreement.

9. General

9.1 Each of the parties warrants its power to enter into this agreement and has obtained all necessary approvals to do so.

9.2 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 severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest.

9.3 Each party acknowledges that this agreement (as varied) and the conditions contain the whole agreement between the parties and that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.

9.4 This agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England.

9.5 Any proceedings arising out of or in connection with this agreement may be brought in any court of competent jurisdiction in England or Wales.

9.6 Failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.

December 2014