Guest Reservation Agreement, US

Agreement with onefinestay Reservations Ltd (“onefinestay”, “we” or “us”) to supply reservation services to Guests.

1. Contract Status

1.1 This agreement is between the Guest named on the Booking Summary ("you") and us in relation to the provision of reservation and payment services ("Guest Reservation Services") relating to the booking of accommodation (the “Accommodation") listed by users ("Hosts") on the website: (the "Website").

1.2 We provide you with access to the Website to make a booking with Hosts ("Booking") and we arrange for payment to be made between you and the Host.

1.3 We are not an accommodation or bookings agent and we do not have authority to form a binding agreement between you and the Host for the occupation of the Host’s Accommodation.

1.4 When making a Booking you will contract directly with a Host for accommodation of the Property.

1.5 We do not act as an agent for the Host and, therefore, we require you to enter into this agreement with us in order to make a booking with a Host.

1.6 In this agreement you authorise us to confirm the booking on your behalf with the Host (and/or any representative of the Host as the case may be) and to hold payment on your behalf in accordance your agreement with the Host.

1.7 We are not a party to any agreement or transaction between Hosts and Guests and we are not liable in respect of any matter arising which relates to a Booking.

1.8 We are not a travel agent, travel seller or reseller nor are we a travel promoter. We are not selling or promoting timeshares nor are we recommending any particular properties or ensuring that such property will meet the specific needs or criteria of any person and we will not be letting, sub-licensing or otherwise creating any interest in the Accommodation to you.

2. These Terms

2.1 We agree to provide the services set out below to you, the Guest, in accordance with these terms and conditions. We may need to vary these terms from time to time and, in the event that we do 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, we will:

  • provide access to an online booking facility for Host’s Accommodation available through the Website;
  • subject to clause 3.2, suggest an accommodation agreement applicable to the Host’s Property ("Accommodation Agreement");
  • collect and hold on your behalf the applicable funds for a Booking;
  • liaise with other companies who provide services to you and to the Host to ensure that the booking can proceed smoothly;
  • appoint any service provider to provide any services pursuant to this agreement, as the case may be; and
  • assist with finding suitable alternative accommodation for a Booking in the event that a booking cannot proceed.

3.2 Please note that:

  • the Accommodation Agreement is for information purposes only and we shall not accept any liability as to the terms and conditions of the Accommodation Agreement to be entered into between you and the Host; and
  • you remain free to provide and submit any alternative agreement of your choice, provided such agreement (i) complies with the cancellation policies, damages policy and payment rules adopted by onefinestay from time to time; and (ii) is accepted by the Host.

3.3 We agree to provide our services with the skill and care to be expected of an online booking facility. All other warranties and implied terms are excluded to the fullest extent permitted by law.

4. Making a Booking with a Host

4.1 A request for a booking can be made by you on the website on which the Host’s property is listed or by phone. Such request will be received by us and passed on to the Host and/or a nominated representative of the Host.

4.2 Once you have confirmed your acceptance of a Booking and we have received payment from you of the applicable funds for your Booking, we will notify you and the Host that both you and the Host have confirmed the Booking. You will have made a binding Booking for the Property in accordance with the Accommodation Agreement.

4.3 Subject to clause 4.6 below, you irrevocably instruct us to hold the funds for a Booking in accordance with the cancellation policy adopted by us from time to time and we will return funds to you in accordance with that policy and the Accommodation Agreement.

4.4 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) any agreed cancellation charge and to remit the cancellation charge to the Host. .

4.5 Each Accommodation Agreement represents a contract to occupy a given property on given dates and 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 Host agrees otherwise.

4.6 You agree that in the event of a cancellation by the Host of a Booking, the Host (and only the Host) will be liable to you as set out in the Accommodation Agreement for alternative accommodation.

4.7 We will not be responsible or liable for finding alternative accommodation but we will endeavour to assist.

4.8 In the event that we are able to arrange for an alternative booking between you and a Host or arrange for alternative hotel accommodation, the Host 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 Host.

4.9 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 any supplier of Guest services to you;
  • to any relevant tax authorities (in respect of any taxes due for the booking); and
  • to pay the Host or, as the case may be, any representative appointed by the Host.

4.10 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.

4.11 If you have agreed or paid for a 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 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 then you will be liable to pay the full Accommodation Fees for the entirety of the Booking (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 and 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 Host bookings where a Host’s discount has been applied.

5. Guest Services

5.1 When you make a Booking you will also agree to receive supplies relating to your Booking (such as, but not limited to meet and greet services, a concierge desk and additional items for the Accommodation) from a guest services supplier appointed by the Host (“Guest Services Supplier”).

5.2 Some services provided by the Guest Services Supplier will be included within the accommodation fee listed by the Host and will be set out on your invoice for accommodation charges ("Included Services") including:

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

5.3 Services which do not form part of the Booking ("Additional Services") include:

  • Concierge services (advice on the area, booking of third party events, reservations etc.);
  • Equipment hire (hire of audio visual equipment, tablets etc.);
  • Cleaning of the accommodation during the stay;
  • Food ordering;
  • Stocking of refrigerator; and
  • Any other services requested by a Guest which the Guest Services, Supplier, or any relevant Authorised Supplier, agree to provide.

5.4 Any Additional Services requested by you will require additional payment which you authorise us to collect by credit or debit card and remit to the6. Guest Services Supplier.

6. Guest Obligations and Host 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 us with complete, accurate and timely information;
  • be bound by the terms of the Accommodation Agreement entered into between you and the Host (or any alternative agreement made in connection with a Booking);
  • cooperate fully with us in the provision of the services;
  • respond to any requests for confirmations, bookings etc which may be made by us; and
  • 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 Host and/or any representative of the Host in accordance with the these terms, the cancellation policy and/or the Damages Policy.

6.2 You agree not to do anything which is or which may be or become a nuisance, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighbouring property and including playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture) ("Unauthorised Use").

6.3 In the event onefinestay is informed of an Unauthorised Use, we will attempt to contact you and then either the Host or onefinestay will make entry to the Accommodation and assess the potential Unauthorised Use of the home.

6.4 In the event the Host and/or onefinestay consider there to have been an Unauthorised Use, your Booking and use of the Accommodation will be terminated with immediate effect, and you acknowledge that:

  • any deposit provided shall be held by onefinestay pending a review of the Unauthorised Use;
  • you will be liable to pay an amount equal to 100% of your effective daily rate for the Accommodation for each unauthorised guest found at the Property;
  • you will be liable to pay in full for any repair of damage caused by the Unauthorised Use and you hereby allow us to make such deductions to the card used for the booking; and
  • this clause 6 is in addition to all other rights or remedies available to the Host under this Agreement.

6.5 In the event a dispute arises between you and the Host you shall use your best endeavours to resolve such dispute with the Host and you will appoint onefinestay (or such other company as onefinestay may nominate) to mediate any dispute that arises between you and the Host and you agree to cooperate with such mediation.

6.6 Any mediation undertaken by onefinestay (or any nominee of onefinestay) shall be non-binding and 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.

7. Charges and Payments

7.1 You agree to pay the fees applicable to your booking, as indicated in the Booking Summary you have accepted and which shall include in addition to the funds to be remitted to the Host, all charges and expenses for the services (excluding Additional Services) outlined in these terms and/or provided by a Guest Services Supplier.

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 on your behalf.

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 our partners, agents, subcontractors and employees under any agreement with you will be limited to the lower of £5,000 or the total amount you have paid in respect to the relevant booking.

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.

June 2016