The Company – applies to Luxury House Hire.
The Client – a person, group or company who have inquired about renting The Property.
The Property – The property which is to be recommended and/or marketed by The Company and/or to be stayed in by The Client at the time of The Booking.
The Owner – The owner of the property or their representative, company or individual.
The Booking – The agreement between The Client and The Owner for The Client to rent The Property.
Commission – The Company’s fee.
Introduce/Introduction – introduction deemed to be from the time that The Company contacts The Owner and The Client’s name, surname or company is given, this could be email or by phone. Or if The Client states to The Owner that they have found The Property via The Company or The Company’s website.
Booking Deposit– the initial non-refundable monies paid to secure the booking.
Booking Balance – the balance of monies paid to complete the booking.
Damages Deposit – the refundable deposit of money held against damages during the booking.
1. The Company is a recommendation service that introduces Clients to Owners and The Owner recognises that the contract governing The Property Booking is between The Owner and Client. The Company cannot accept responsibility or liability for the behaviour of The Owner or The Client, or any breach, negligence or otherwise by the Owner or Client.
2. The Owner confirms that they have all the relevant insurances and health and safety procedures as required by Irish law for this type of rental accommodation.
3. The Owner confirms that they have all the relevant permissions to allow The Company to use, free of any charges or restrictions, the Photographs/Images on The Owner’s website and/or supplied by The Owner and that The Owner will indemnify The Company against any charges that are made at any time for use of these images unless they have expressly in writing asked the Company not to use the images.
4. The Owner agrees to pay The Company 15% Commission on the total value of The Booking.
5. The Owner agrees that The Company may collect the Booking Fee and Booking Balance, or other agreed monies, from The Client on The Owner’s behalf. This does not imply or create any contract between The Client and The Company nor imply any liability for The Booking to The Owner.
6. The Company will pay any monies collected from The Client to The Owner within 1 working day of receiving funds into their bank account. The Owner agrees though that The Company cannot be liable for delays in bank transfers, to help with this The Company will send The Owner an email stating what is being sent and when and for which booking.
7. The Owner agrees to contact The Company immediately should they think that due funds have not been received. The Owner agrees that they will on receipt of an email or telephone confirmation from us that the client wishes to book the property allow 5 working days for The Client’s Booking Deposit to reach The Owners account and will not in that time release the dates or book them to another party. Breach of this term will require The Owner to immediately refund any monies back to The Client and pay us the 15% commission due.
8. The Company will always deduct their 15% Commission from the monies sent before sending them onto The Owner. The Company will issue the Owner with an invoice for this. The Owner understands that balances received with the 15% Commission deducted are full and final payment for The Booking at each stage and will honour The Booking on this basis.
9. The Company will not bear any banking or transfer charges and will deduct any charges as necessary from payments made to The Owner or Client. A statement of these can be provided on request.
10. The Company reserves the right to charge card fees to The Client if taking the monies by card. This will not be passed onto the owner as it is a direct cost.
11. If, for whatever reason, The Owner collects the monies, The Owner agrees to pay the agreed Commission on the total advance value of The Booking to The Company for Bookings made by any Clients introduced to The Property or Owner by The Company. This does not include food and beverage unless The Company has sold The Client a package or been involved in the organisation of such. This will be invoiced as 15% of the Booking Deposit at the time of making The Booking and 15% of any balances either at the time of payment or 2 months before the start of The Booking, whichever is sooner.
12. If the Owner or Client cancels for whatever reason and The Owner keeps a part payment or all payment on The Booking, The Owner agrees to pay 15% of the total value of that payment to The Company.
13. If The Owner cancels The Booking for whatever reason then they agree to refund The Client’s monies in full immediately.
16. If The Owner sells The Property or cancels The Booking for reasons other than acts of god which prevent The Booking, damage to The Property which prevents The Booking, or due to negligence by The Owner then The Owner agrees to pay The Company the full and expected Commission immediately and refund The Client in full immediately and indemnify The Company against any action taken by The Client.
17. The Company may hold monies including but not limited to a Damages Deposit in their own bank account at the request or with agreement from The Owner on a good will basis only. This does not infer in any way a contract between The Client and The Company or any further liabilities of The Company to The Owner or Client.
18. The monies will in these circumstances still be governed by The Booking contract between The Client and The Owner.
19. The Owner agrees however that The Company has the right to refund The Client in full at The Companies discretion with no reference or compensation to The Owner in the following circumstances:
a. If The Owner is unreachable for whatever reason for more than 3 weeks from the date that The Client departs The Property. The Company will attempt to contact The Owner but The Owner must contact The Company within 3 weeks if they do not wish for the Company to refund The Client’s Damages Deposit with reasons as b. below.
b. If The Owner is unable for whatever reason for more than 3 weeks from the date that The Client departs The Property to supply to The Company with a detailed summery of damages and associated costs for retention of The Damages Deposit. This should be in writing and acknowledged by The Company in writing.
c. If The Owner cancels The Booking for whatever reason before The Client is at The Property we may return the Damages Deposit in full to The Client.
d. If The Client cancels The Booking for whatever reason before The Client is at The Property we may return the Damages Deposit in full to The Client.
e. If The Company cancels The Booking for whatever reason before The Client is at The Property we may return the Damages Deposit in full to The Client.
f. If The Owner is involved in any fraudulent or illegal behaviour.
g. If The Owner is declared bankrupt or goes into administration.
h. If it becomes clear to The Company that for some reason The Owner is unable to fulfil The Booking and in The Companies opinion in no fit state to be able to address this with The Client or fulfil The Booking Contract due to unforeseen circumstances.
20. If the Owner wishes, in accordance with The Property Booking Contract, to keep any of the Damages Deposit they agree to inform The Company within 5 working days of The Clients departure from The Property. The Owner will supply a detailed summery of damages with associated costs and the details of the bank account in which they wish to receive the monies. The Company will acknowledge and transfer monies into that account as requested within 2 working days of notification and the rest will be transferred back to The Client with a statement of damages as supplied by The Owner.
21. The Owner agrees that The Company cannot be liable for delays in bank transfers. The Owner agrees to contact The Company immediately should they think that due funds have not been received.
22. The Owner agrees to supply any photographs of damages or proof of costs as requested by The Client immediately.
23. Any costs incurred by The Company in the collecting or refunding of The Damages Deposit (including any bank charges) will be charged to The Owner. The Company will send The Owner a summary of these on request.
23. The Company will not judge or adjudicate in any dispute between The Client or The Owner. If a dispute is entered into The Company will immediately transfer The Damages Deposit to The Owners last known bank account (or supplied bank account) and inform both The Owner and The Client that we have no further involvement.
24. The Owner agrees not to advertise with any other agent or on their own website cheaper than the price that has been given to The Company. If they are found to do so The Owner accepts breach of contract and agrees to pay compensation to The Company. The Owner also agrees that they will honour The Booking at a matched/discounted rate via The Company as long as The Client can show proof of a lower offer for the exact same stay. This will be at standard 15% commission.
25. The Owner agrees not to exclude The Company from the booking procedure or offer The Client a better deal to avoiding paying The Commission with a Client introduced by The Company and also agrees that if The Client tries to do this The Owner shall let The Company know immediately and still pay the full Commission due if a Booking is taken from that Client. If the Owner is found to breach this term then they agree to pay the full Commission plus a £250 administration fee immediately.
26. The Owner agrees to pay 10% of the total value of the booking with food and beverage exceptions as per point 4. on any subsequent Bookings made by a Client that has been introduced by The Company for their first booking. This is the case even if the Client contacts the Owner directly to make a subsequent Booking. If the Owner is found to breach this term then they agree to pay 15% commission immediately on every subsequent booking.
27. The Owner agrees to give accurate information about The Property to the best of their knowledge to The Company at the time of joining The Company’s website and to maintain the property to at least the standard that it was at the time the property was first advertised on The Company’s website.
28. If The Owner is aware that The Property has restrictions, damages or significant changes that may affect the Client’s stay or change it from how it is advertised by The Company they agree to communicate this to The Company as soon as they are aware of it (communication deemed to be received when The Company sends acknowledgement in writing). The Company will communicate this to The Client within 1 working day of receiving the notification from the Owner.
29. Failure to notify The Company of changes or to give the correct information may result in The Booking being cancelled and in this instance The Owner agrees to pay The Company the full and expected Commission immediately and refund The Client in full immediately and indemnify The Company against any action taken by The Client.
30. The Owner agrees that The Company recommends The Property in good faith. The Owner agrees to uphold the reputation of The Company to the best of their abilities and to deal fairly with The Client. Failure to this may result in The Booking being cancelled and in this instance The Owner agrees to pay The Company the full and expected Commission immediately and refund The Client in full immediately and indemnify The Company against any action taken by The Client.
31. The Owner agrees to make pricing as clear as possible at the time of The Booking and notify or detail any extra charges they are aware of such as, but not limited to: VAT, cleaning charges, party based charges for stags and hens, credit card charges and additional hire charges for items such as chair or place setting hire. Failure to do this may result in The Booking being cancelled and in this instance The Owner agrees to pay The Company the full and expected Commission immediately and refund The Client in full immediately and indemnify The Company against any action taken by The Client.
32. We assume that all prices quoted to us are either VAT inclusive or no VAT is applicable unless otherwise stated.
33. The Company has a large investment in social media and uses it to promote The Owners properties. The Company cannot be held liable for the use that a Social Media platform makes of any images, text or information that The Company has posted or otherwise put onto a social media platform in good faith. The Owner must inform us in writing if they do not wish to appear on any or all social media platforms, we will acknowledge this wish in writing.
34. The Company cannot be liable for any computer or electronic attacks that adversely affect The Owner, result in the shutting down of The Company’s email, phones or Websites or are generally performed with negligence or malicious intent by a third party.
35. The Company reserve the right to make changes to our websites and other marketing materials in our own time with no reference to The Owner and may seek to verify information given to us before publishing it or confirming with any Client.
36. The Owner agrees not to pass on or discuss with any third party The Company’s documents, details, contracts, terms, employees, or working practices unless required to do so by law or with our express written permission.
37. The Owner agrees not to use any personal or contact details that have been supplied by The Company or The Client to sell to third parties or to use for marketing purposes, unless express written permission has been given.
38. Booking documentation or templates that The Company has supplied remain the property of The Company and should not be used by The Owner without or express written permission and should never be sold or copied to financial gain of The Owner.
39. All original website and email content remains the property of The Company and should not be copied for purposes other than in The Owners dealings with The Company and The Company’s Clients.
40. The Company will charge interest at 8% PA on invoices outstanding for more than 8 weeks after the date issued as stated on the invoice. We may in certain circumstances of unpaid debuts look at legal action or debut recovery services and will seek to recover all these costs from you as well as any interest and the original payment.
41. Either party can terminate the agreement with 1 months’ notice. In the event of termination The Owner agrees to pay The Company all monies outstanding on confirmed Bookings at the date of termination. The Company agrees to take no further bookings for The Property from the notice of termination.
42. The Owner agrees that if a Client has been introduced to The Property or Owner before termination but does not Book until after termination The Owner is still liable to pay all commission as detailed in these terms.
43. This Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
44. If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement
45. All disputes to be settled under Irish law.