General Terms & Conditions - Owners

 

GENERAL

The Tenant has no right to remain on the premises once the lease initially specified in this agreement has expired, except with the agreement of the Landlord. The number of Tenants may not exceed the maximum number of tenants indicated in the website. Concerning pets, please refer to the specific section of the website. Sheets and towels are provided. The facilities (pool, spa, garden, parking, .or whatever is provided.) are strictly reserved for the resident guests at their own risk and the have full responsibility. Concerning Check in as well as Check out please refer to the provided information on the website.

AGREEMENT

By Completing the agreement form and indicating your acceptance with “YES” creating a Villas n Homes account, you represent that you areauthorized to enter into this Agreement as a private person or as an authorized representative of the company being represented as a party to this Agreement with hospitality-xperts LLP, and that you agree to be bound by all its terms and conditions, including these Terms.Such agreement takes into consideration and agrees with the booking rules, cancelation Policies for the Guests and cancelation Policies applicable to Owners as well Managers along with the penalties imposed in case such actions and activities take place. Those policies, are described in detail at the end of the present Terms of Reference.

SERVICE

We provide Villas nHomes as an online service, meaning that all services provided are in digital form and no hard copies of data or services will be made available. Villas n Homes provides an online management service for holiday rentals which takes the form of a software platform which is used to distribute your property Listing(s) to supported Sales Channels and sell nights in the Accommodation you own, manage or have authority to represent.

ACCOMMODATION LISTINGS

You acknowledge and agree that you alone are responsible for any and all Listings you publish.Accordingly, you represent and warrant that you are legally entitled to advertise for rental the Accommodation represented by any Listing published for your property (s) using the Service. Specifically, you represent and warrant that any Listing you publish and the booking of, or a Guest's stay at, an Accommodation in a Listing you post: (i) will not breach any agreements you have entered into with any third parties, such as homeowners associations, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Villas n Homes assumes no responsibility for an Owner’s or Property Manager’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Villas n Homes reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Villas n Homes, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Service.

ACCOUNT PLAN

The Plan which we provide you gives accessto Payouts one day after the guest’s check-in. Your account or the registered Business account must be made in the same name recorded in your registration formHospitality-xperts LLP reserves the right to adjust the commercial terms of Account Plans at any time, including the commission rate and Payout terms. All affected Account holders will be notified of such changes in advance by email, and your continued use of the Service after such notification shall be deemed as your acceptance of such changes.

RATES INPUT

Rates will be quoted by the NET amount you want to receive and we will calculate the Gross amount from that. We'll add mark-up to cover sales channel commissions, credit card fees, and Villas n Homes commissions etc...to arrive at your Net amount. Our commission plan at the present time is as follows: 5% commission will be added, in addition to the O.T.A. commission for those reservations generated through the OTAs. 15% commission will be added for reservations generated through the Villas n Homes Website. Those commission levels could be adjusted from time to time.Note: All bookings are charged to the Guest in EUR, while your payout will be sent in your preferred currency. Therefore there may be small rounding discrepancies due to currency exchange differences when finalizing your Net amount.

MANAGEMENT OF BOOKINGS

Management of Bookings is the primary responsibility of the user.You understand and agree that Hospitality-xperts LLP doesnot act as an insurer or as your contracting agent. If a Guest books your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Hospitality-xperts is not a party to it, as it operates as a promotional entity making sure that your property appears in many Online Travel Agency (O.T.A.s) websites which eventually generates more Bookings for your property(s).

SPECIAL RULES FOR PROPERTIES PROVIDED BY www.villasnhomes.com

On departure, the Tenant undertakes to leave the premises as clean as he or she found them on arrival. Cleaning can be ordered at a fixed rate. For the weekend packages departure time is set to Sunday noon.

SPECIAL RULES FOR B&B ACCOMMODATIONS

It is forbidden to eat in the bedroom and to store any nurture. In order to keep our guests intimacy, the cleaning of the room is only made on demand. Reservations are payable by Visa, MasterCard or American Express credit cards or other means as indicated. Reservation becomes effective when the Tenant has paid according to the prevailing policy. This payment implies full acceptance of the present conditions. 100% payment is due if the reservation occursless than one month before the day of arrival and for reservations made through www.villasnhomes.com.

ACCEPTING RESERVATIONS

You have accepted to Instant Booking for a Listing, Therefore Bookings are automatically confirmed by the Platform as long as your Calendar has availability, Booking Rules are fulfilled, and the Guest details and Payment are valid.Your rates are offered to us, as result of our established collaboration on Net Basis. We will add our commissions, and all the expenses related to the financial transactions like credit card charges, collection fees and Bank transfer charges including the costs of transferring security deposits and other related to the reservation handling transactions.

CANCELLATION OF BOOKINGS

Once a Booking made through the platform is confirmed (see above), the Booking is binding.

Cancellation by the tenant:Should the Guest cancel a Confirmed Booking prior to the check-in time, we will calculate any refund due to the Guest based upon the exact time that the Booking was cancelled and the Guest Cancellation Policy present on your Listing at the time of Booking. Should the Guest cancel a Confirmed Booking, commission fees are non-refundable and will be deducted from any Payout due to you.

Any cancellation of this agreement by the Tenant must be made by registered letter with receipt of delivery to the address given on this document, and the date on which the Landlord receives it will be the relevant one.

When cancellation takes place up to15 days before the scheduled arrival of the guest a 50% refund for cancellation will be refunded. In case the cancellation takes place 14 days or less prior to the scheduled arrival date a 100% cancellation penalty will apply.

Cancellation Policy will be reviewed and adjusted to conform to the requirements of Owners as well OTA’s policies. In cases in which an O.T.A, has developed own cancellation policy such policy overrides the cancellation policy of Hospitality-Xperts LLP, and this will be communicated to the owner/manager of the lodging facility.

In the event that a Guest cancels a confirmed booking the V.P., BDD, BDM and the Owner/Manager will be notified by email and will receive a Payout according to the terms of the cancellation Policy.

  • You will immediately receive a notification of the cancellation by email.
  • The booking will show as Cancelled in the Booking overview page
  • The Booking details page will be updated with the following information:
  • Status: Cancelled by the Guest
  • Payout information will be updated to show you the Payout amount that you will receive based upon your Guest cancellation policy
  • Your Payout will be processed on the same day as the cancellation occurs.
  • The booking will be removed from your Calendar.
  • The dates in your Calendar will automatically be open for booking.
  • If you export your calendar to other calendars, the dates will become available in those calendars.
  • We apply the Guest cancellation policy to a booking at the time of booking.

INSTANT BOOKING POLICY APPLIES to all Bookings and anyone who agrees to collaborate with us, such collaboration is on Instant Booking basis, only. There will never be any agreement or policy based on per request basis

Cancellation by the property Owner:

Should you cancel a Confirmed Booking prior to the check-in time, you will incur a cancellation fee or penalty, which by signing this agreement you agree to pay to us either by way of a deduction from your next Payout or upon receipt of an invoice from us.

Cancellation fee amounts are communicated and may be adjusted from time to time. You will always be required to accept the Cancellation fee amount when cancelling a Confirmed Booking.

The Landlord shall be paid the whole of the payment made by the Tenant if the Tenant does not appear on the day specified in the agreement.
This agreement is considered to be cancelled.
The Landlord may dispose of the accommodation otherwise.

If for whatever reason, except force majeure, the Landlord cancels this agreement before the Tenant arrives,he will refund the Tenant the full amount and at the same time will be charged a penalty by the OTA equal to the commissions the OTAs will be earning from this specific reservation.
If the Landlord cancels the agreement during the rental period, proper justification must be given, such as proven damage to the accommodation, or complaints from neighbors. The cancellation must be made by registered letter with receipt of delivery, and requires that the Tenant vacate the premises within two days of the date of delivery.
In the event that the owner or property Manager must cancel a booking that has already been confirmed, such cancellation must be made by the property owner through communication with Villas n Homes and it is only deemed to be cancelled when the owner/Manager receives a written confirmation of the cancellation.

In such an event the fees which will apply will be deducted from the next scheduled payout or upon presentation of an invoice by Hospitality-xperts or the collaborating OTAs.

Those penalties are always paid by the Owner and this should always be made clear from the commencement of our collaboration.

It is the V.Ps, BDDs, BDMs, or anyone who handles a particular registration, responsibility to make clear and understood by the Owner/Manager that he is responsible and will be asked to pay the penalties, when such a circumstances are developed.

PENALTIES due to cancelations made by the property Owner

Those penalties are always paid by the Owner and this should always be made clear from the commencement of our collaboration. It is the V.Ps, BDDs, BDMs, or anyone who handles a particular registration, responsibility to make clear and understood by the Owner/Manager that he is responsible and will be asked to pay the penalties, when such a circumstances are developed.

EARLY DEPARTURE

Any cancellation of this agreement by the Tenant must be made by registered letter with receipt of delivery to the address given on this document, and the date on which the Landlord receives it will be the relevant one.

If the Tenant chooses to depart early, and if the Landlord’s responsibility is not involved, there will be no refund, except for the security deposit.

Force majeure: If the Tenant presents serious reasons characteristic of force majeure (unforeseeable, compelling circumstances outside the Tenant's control) making it impossible to continue the lease, the agreement is cancelled without further formalities.The amount of rental already paid by the Tenant is returned, pro rata for the period left of the lease.

The Landlord shall be paid the whole of the payment made by the Tenant if the Tenant does not appear on the day specified in the agreement. This agreement is considered to be cancelled. The Landlord may dispose of the accommodation otherwise.

  • Advance Payment to the Owner/Manager
    Despite the fact that we have decided to pay the owner/property manager 7 days in advance prior to the guest’s arrival. This policy could change at any time we notice that owners take advantage and do not offer the traveler conditions and properties meting guest’s expectations or provide services below the standards promised or having any guest arriving and not finding anyone able to welcome and support the guest during his check in. Cancellations more than 5% could be a reason for a property to be expelled from the system.

SECURITY DEPOSIT

You may elect to require a Security Deposit from the Guest by defining this in your Listing.

Should you require a Security Deposit from a Guest, as defined in your Listing at the time the Booking we will guarantee approved claims for damages by you up to this amount in the event that the claim for damages cannot be resolved directly with the Guest by you, or any insurance held by you or your Guest does not cover the approved claims for damages.

For the rented accommodations, the Tenant must make a securitydeposit for the indicated amount. The security deposit is made by a pre-authorization on the Credit Card of the Tenant and it is handled by the merchant account company who will reimburse the owner, in case of damages. The deposit is based on the owners’ proposal at the time of the property registration and it is handled by the merchant account without sending the amount to the owner except when a damage occurs. This way which is simpler additional expenses and foreign currency expenses avoided.

The owner decides on a realistic amount and in case a damage is higher, then the merchant account will send the deposit to the owner while the owner will pay for the difference. If the Tenant does not own a Credit Card the security deposit is due in cash and will be deposited with the merchant account. Any deductions made, as result of the damages occurred must be duly justified by the Landlord, on the basis of such evidence as the property inventory, process-server's affidavit, estimates, and invoices, prior to the tenant’s departure. If the deposit is insufficient, the Tenant undertakes to make up the sum after the final inspection.

The amount is not actually charged unless in case of damage, loss, or cleaning. If the Tenant does not own a Credit Card the security deposit is due in cash and will be deposited by bank transfer. Any deductions made must be duly justified by the Landlord on the basis of such evidence as the final inventory, process-server's affidavit, estimates, and invoices, prior to the tenant’s departure. If the deposit is insufficient, the Tenant undertakes to make up the sum after the final inspection.

The deposit may not be taken as part payment of the rental. When the deposit is transferred back to the Tenant, partly or in its entirety the corresponding for the transfer expenses will be taken care by the merchant account.

Hospitality-xperts LLP will use commercially reasonable efforts to addressProperty owners and Managers’ requests and claims related to Security Deposits, but Hospitality-xperts LLP is not responsible for administering or accepting any Damage Claims by Owners/Property Managers related to Security Deposits, and disclaims any and all liability in this regard.

USE OF PREMISES

The Tenant will occupy the premises without causing disturbance and for their intended purpose. All the items listed in the inventory must be returned to the places they occupied when the Tenant arrived. Any repairs required because of negligence or poor maintenance during the lease will be charged to the Tenant. The premises may not be used by other persons, except by prior agreement with the Landlord. The Tenant is not allowed to sub-let under any circumstances, even for no payment, and the agreement will be cancelled if this occurs. The full amount of the rental will then be retained by or due to the Landlord. The premises are rented for the purpose of temporary or holiday accommodation to the exclusion of any professional, commercial or craft activity of any type, or as complementary or occasional accommodation. The Landlord will deliver the premises as specified in the description and will maintain them in good order.

INSPECTION AND INVENTORY

An inspection and inventory of the furniture and fittings will be made at the start and end of the lease by the Landlord, or representative, and Tenant. If the inventory cannot be made at the time of arrival, the Tenant has seventy-two hours in which to check the inventory displayed on the premises and inform the Landlord of any discrepancies. After that time, the property rented will be assumed to have been undamaged on the Tenant's arrival. An inspection must be made at the end of the lease and signed by both Parties.The Tenant agrees that the inspection may be made either by the Landlord or by the Landlord's representative with written authority. If the Landlord observes any damage, he or she must inform the Tenant within 10 days.

CANCELLATION OF THIS AGREEMENT

Any cancellation of this agreement by the Tenant must be made by registered letter with receipt of delivery to the address given on this document, and the date on which the Landlord receives it will be the relevant one. When cancellation takes place up to 8days before the scheduled arrival of the guest a 50% refund for cancelation will be refunded. In case the cancellation takes place 7 days or less prior to the scheduled arrival date a 100% cancellation penalty will apply.

Cancellation Policy will be reviewed and adjusted to conform to the requirements of Owners as well OTA’s policies. In cases in which an O.T.A, has developed own cancelation policy such policy overrides the cancellation policy of Hospitality-Xperts LLP, and this will be communicated to theowner/manager of the lodging facility.

The Landlord shall be paidthe whole of the payment made by the Tenant if the Tenant does not appear on the day specified in the agreement. This agreement is considered to be cancelled. The Landlord may dispose of the accommodation otherwise. If for whatever reason, except force majeure, the Landlord cancels this agreement before the Tenant arrives, he will refund the Tenant. If the Landlord cancels the agreement during the rental period, proper justification must be given, such as proven damage to the accommodation, or complaints from neighbors. The cancellation must be made by registered letter with receipt of delivery, and requires that the Tenant vacate the premises within two days of the date of delivery.

EARLY DEPARTURE

If the Tenant chooses to depart early, and if the Landlord’s responsibility is not involved, there will be no refund, except for the security deposit. Force majeure: If the Tenant presents serious reasons characteristic of force majeure (unforeseeable, compelling circumstances outside the Tenant's control) making it impossible to continue the lease, the agreement is cancelled without further formalities.The amount of rental already paid by the Tenant is returned, pro rata for the period left of the lease.

LOCAL TAXES

In some towns or regions, Property Managers must register guests and collect tourist or local taxes upon check-in. It is your sole responsibility to be aware of your local laws and collect and report any applicable taxes and fees. When you add local tax requirements, we'll notify the Guest when they book, and they'll pay you upon check-in. The applicable tourist's tax per day and per head for the accommodations is to be paid upon arrival, or handled according to the prevailing circumstances in any country.

PAYOUTS

The money that you receive for a booking is called a Payout. A Payout is made to your nominated Payout method 7 days prior to your guest’s arrival. In case there will be certain problems developed by owners who besides receiving the amount for the accommodation did not have the property available, then this policy could be changed to payment of the property owner one day after the guest’s arrival.

INSURANCE

The Tenant must insure the premises rented. The Tenant must therefore check that his or her domestic insurance policy covers holiday accommodation abroad. If it does not, the Tenant must apply to his or her insurance company for an extension of cover, or else take out a special holiday policy. An insurance certificate must be shown on arrival or a signed statement from the Tenant.

DISPUTES AND COMPLAINTS

It is recommended that the complainant should initially discuss any dispute with the Landlord and attempt to solve any related issue attempting to arrive at an agreed settlement: if the agreement has been solved it should be signed by both Landlord and Tenant. If the complaint is presented within three days of arrival, in the case of disputes concerning the state of the premises or the description at the end of the lease for any other complaint. If no agreement can be reached between the Landlord and the Tenant, the dispute will be submitted to the courts with jurisdiction over the property.

Security

Villas n Homes undertakes to make its best efforts to keep its users’ data confidential and to distribute it only to authorized parties. You are requested to keep backups of your own data and in the event of a data loss Villas n Homes does not guarantee to keep copies of your data. You are responsible for the accuracy of your own data and for checking the quality of the data on a frequent basis. Having access to the system you undertake to use the system only for its intended purpose. Software hacking, re-use of our software code, accessing materials which you have not been authorized to use, and deliberately placing the platform under undue stress and repeatedly harassing other users via unsolicited email or other means of communication are strictly forbidden.

License

Villas n Homes undertakes, where and when feasible,to allow its users to upload their accommodation pricing, digital media such as images and text describing accommodation for rent and calendar data describing the nightly availability of each accommodation unit for sale. Hospitality-xpertswill store such data and distribute it in real time or closeto realtime to Sales Channels authorized by you.

Warranties and Limitations

While we strive for our systems to be available at all times and free from errors, we do integrate software and services from third party vendors to provide certain features, and as such, Hospitality-xperts cannot be held liable by you for any problems arising from:

  • Failures or delays of Calendar Sync imported events from third party calendar systems
  • Failures or delays of Calendar Sync export from Villas n Homescalendars andtheir import into third party calendar systems
  • Non-delivery of SMS or email Booking Request or Booking Confirmation notifications
  • Failure of payouts due to errors with our financial services provider or bank account errors input by you
  • Non-removal of Listings from specific Sales Channels within a certain time period
  • Publishing of Listings by specific Sales Channels within a certain time period.

Hospitality-xperts may not be held responsible for damages to third parties resulting from distribution of data and media supplied by you, which you were unauthorized to send to us. You warrant that you have permission to distribute all data and media you supply to us. You are responsible for damage to Hospitality-xperts or third parties resulting from malicious code or computer viruses which were distributed by you into the platform.

Interruptions in our service

Whilst Hospitality-xperts take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at anytime. As a result, Hospitality-xperts do not accept any on-going obligation or responsibility to operate the Villas n Homes website or any particular part of it.

Abuse

Hospitality-xperts reserves the right to collect statistics describing its users’ performance and compliance with these terms and conditions and reserves the right to cancel service with immediate effect for users who abuse these. Serious abuse resulting in financial loss or reputational damage to Hospitality-xperts may result in legal action being taken against the Property Manager.

Breach

If a Property Manager is found to be in breach of contract, Hospitality-xperts reserves the right to cancel the Property Managers service with immediate effect. In cases of contract breach, any funds owed to Hospitality-xperts must be settled immediately and Hospitality-xperts reserves the right to net any fees due from deposits made by the Property Manager which have been held in trust.

Termination

If you wish to unlist specific or all of your Listings, this can be done provided that you communicate with Hospitality-xperts. If you no longer wish to have an active account in Villas n Homes, the account can be deleted. If you would like to cancel your Villas n Homes Account entirely, you can do so by contacting us at info@villasnhomes.com from your registered email address. In the event that you wish to permanently delete your account, you agree to honor any existing Confirmed Bookings. Your account may only be deleted when all Confirmed Bookings have been Cancelled or Completed. When an account is deleted, this Agreement is terminated.

Limitation of Liability

In no event other than abuse of the platform covered in the paragraph titled "abuse" shall either party's aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission in the content, regardless of the cause, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.

Modification of terms

We reserve the right, at its sole discretion, to modify the service or to modify the Terms of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification to your registered email address. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or usethe Service after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.

No partnership or joint venture

Nothing in these Terms or in your use of the Villas n Homes site creates, or is intended to establish, any partnership or joint venture between Your Rentals and you.

Miscellaneous

In the event of any discrepancy between the English and any translated version of the Property Manager Terms & Conditions (due to translation or mistakes etc.) the English version will prevail.

Jurisdiction

This agreement is made under the laws of United Kingdomand any disagreements will be settled in the appropriate court in London.