your get away, uk holidays
Owner TERMS AND CONDITIONS
The Account Registration Form, the Listing Registration Form and these Terms (that will have been emailed to you as part of our registration process (as defined below)) form the Agreement between you and Your Get Away (us, our, we) in relation to that Listing only. You are agreeing to enter into the Agreement when you tick the box that says “By ticking this box, I am ticking to say that I agree to enter into this Bookable Registration Form, the Account Registration Form and the current Terms at https://www.yourgetaway.uk/owner-terms/ with Your Get Away, and I have the rights and authority to do so” on the Listing Registration Form webpage (the Agreeing Process).
TERMS
What Happens Next
Your Account - When you complete the Agreeing Process we create a user account for you (Account). Within your Account you will be able to create a new listing of a Holiday Home (as defined in the section “Listings Generally” below) (Listing) on our website www.yourgetaway.uk (Website). However if you would prefer we can create your listing for you free of charge.
Listings Generally - A listing is for one holiday home which can be a static caravan, glamping pod or tent, apartment, house, cottage, unique property, chalet, villa, farmhouse, bungalow, windmill or lighthouse. If you would like to list any other type of holiday property please contact us via our contact email info@yourgetaway.uk
If you are an individual, by creating a Listing you confirm you are ordinarily domiciled in the United Kingdom. If you are not, please contact us via email to discuss what additional information we will need from you.
If you wish to list more than one Holiday Home on the Website, please contact us via email to notify us and provide proof of ownership for each additional property. Please create a separate Bookable listing for each of them; this can be done within your Account, or we can create for you free of charge if you prefer. When you do this you will be asked to agree to a set of terms and conditions – as it is one set of terms per Listing.
A Listing must not contain text advertising a third party website, text advertising a caravan other than the one being advertised on our Website, text prompting a customer to leave our Website and/or contact information such as an email address and/or telephone number etc. or such other matter(s) as we inform you of from time to time.
By Listing your Holiday Home with us, you confirm that in relation to it:
-You have a suitable fire risk assessment that is reviewed every 12 months (or earlier if something happens or changes at the Holiday Home);
-Fire blankets and fire extinguishers are available and checked regularly;
-Working smoke alarms are installed and checked regularly;
- Working carbon monoxide detectors are installed and checked regularly;
- All electrical appliances are regularly PAT tested;
- All gas appliances are checked by a Gas Safe registered engineer every 12 months and a gas safety certificate is issued evidencing your Holiday Home is safe to let from this perspective;
- Appropriate child safety devices are installed on all window blinds with cords;
- All external areas are suitably maintained (e.g., clean decking area to prevent slips);
- Your Holiday Home insurance covers use by paying guests and is suitable and adequate for the activity you are carrying out, including it having public liability cover, and you agree that you are able to and shall let it in compliance with all laws, regulations and agreements and arrangements that you are party to or subject to (including ones not specifically referred to above).
Your Listing and Features within your Account
Once in your Account you will see that there are various steps to creating a Bookable Listing, for example, you will be asked for details about your Holiday Home and if you would like to offer certain extras to holidaymakers, to upload photos of it, and when you would like to make it available for holidaymakers to book and at what price (you are responsible for getting the price right, remember it includes all taxes, charges, dues, fees utilities and all other sums of whatever nature relating to your Holiday Home).
Your Listing includes all of the information (words, pictures, links etc.) that make up what appears on the Website or otherwise to holidaymakers.
For a comprehensive guide of how to create your bookable listing and add availability, pricing and optional extras visit here https://www.bookalet.co.uk/docs/how-do-i-add-a-bookable-bookalet/ or contact us via email for further support.
At the moment they include the Holidaymaker Booking Conditions at https://www.yourgetaway.uk/guest-booking-terms/ (which we can change from time to time (see the “What Services Will We Provide To You”, and “Changes” sections below) and Stripe Terms at https://stripe.com/GB/connect-account/legal (which relate to any good housekeeping bond/security deposit a holidaymaker pays under the Holidaymaker Booking Conditions) (Stripe Feature), but they can also include any other policies and procedures that we let you know about from time to time within your Account. A good example of such policies may be a holidaymaker review and response policy or a policy about good communications between you and holidaymakers. We may remove the Stripe Feature if we wish, but if we do, we will let you know what process is then in place.
Our Verification Process
You will be asked to provide proof of owner ship of the holiday home you are listing, either a purchase agreement, council tax bill etc and your proof of identity, driving licence or passport and a utility bill to confirm your address. Your Listing(s) can still go live before this verification process is complete. However, if it is not completed within 7 days of the date of our email request (or such longer period as we decide), your Listing(s) will be suspended and no refund of any of the fees referred to in the section “What Are We Charging You for Our Services” below will be given.
Standard Terms
Please continue to read the rest of our standard terms carefully.
What Are You Appointing Us As?
You appoint us as your agent to do the matters set out in the section “What Services Will We Provide to You” below. This is not on an exclusive basis unless we and you agree otherwise in the future.
How Long Are We Appointed For? We will market and let your Holiday Home for you until you give us, or we give you, at least 30 days’ notice to stop (or such shorter period as we agree with you). This Agreement can also be terminated as set out in the section “Can this Agreement Be Terminated?” below.
What Services Will We Provide to You?
We shall market your Holiday Home to holidaymakers. We will list it on the Website. We may also decide to list it on the websites of companies within our group and third-party websites and booking services, or any new website(s) that we create;
We shall receive booking requests for your Holiday Home and allow you to accept or reject them. If you fail to respond to us using the relevant Feature within your Account within 48 hours, we will reject the relevant booking request on your behalf. We will confirm to a holidaymaker if their booking is accepted or rejected;
We shall ask each holidaymaker that books your Mobile Holiday Home using our Website to agree to a set of holidaymaker booking conditions (Holidaymaker Booking Conditions). We will update these from time to time (see the “Changes” section below). The current version is here xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, and it explains that it is you and the holidaymaker (not us) that are entering into the agreement to rent your Mobile Holiday Home. We shall have no responsibility to the holidaymaker or you in relation to this;
We dont currently provide an online communication tool, we advise you to contact your guests at the point of accepting the booking to introduce yourself and pass on any information needed.
The policy for your and your holidaymakers complaints is to resolve issues yourselves and complaints should be sent direct to the owner or guest. We can change this policy from time to time and we will let you know if we do. We are not obliged to become involved in any complaint, including to assist, mediate or attempt to settle it, but we can in our absolute discretion do so, and you shall cooperate with us when we do;
We shall accept payments from the holidaymakers who book your Holiday Home using our Website, and we’ll then pay you in accordance with the section “What and When Will You Be Paid” below.
We can also provide services to holidaymakers directly, or help third parties to do so, and receive or collect payment for this e.g. we can charge and be paid a booking fee by holidaymakers for their use of our Website and secure payment facility, we can offer travel insurance, accidental damage insurance and collect premiums due to a third party for this. As mentioned above, we do not assist with complaints or claims by or against a holidaymaker(s) about the Holiday Home or the services you provide to them, but we hope the Complaints Tool is helpful.
If you wish to communicate with a holidaymaker, or them with you, you can use the contact details shared between you (see your Account, and the holidaymaker can see these in their account) until such time as we launch a communications Feature.
What Are We Charging You for Our Services?
A flat fee of £99 for 1 year subscription to our services or 10%, calculated on the rental and other amounts (e.g. pet fee, fees for linen, cleaning, high chairs) that holidaymakers pay to you (via us) for and in relation to their holiday at your Holiday Home that you haven’t had to refund (Commission).
In relation to each holidaymaker booking, we deduct the amount of our Commission from the Balance. Therefore, if you have only been paid a Deposit for a booking (e.g. the holidaymaker cancels the booking before the Balance is due), we won’t take our Commission from that but, you will give us the chance to re-advertise the booking’s dates of travel. If we obtain a booking for any of them, we shall keep the full Deposit(s) from the re-let dates (this helps with our costs of dealing with the original booking but receiving nothing for it). We then take our Commission on the re-let(s) from the Balance(s) as usual. See the “What Happens if a Booking is Cancelled” section for when we will charge a Cancellation Charge.
What Have You Agreed To Do?
Your Listing must be up to date, true, accurate and not misleading. If it isn’t, and it will affect a holidaymaker’s booking, you must let them know, agree a way forward with them, and update it for future bookings. We can, if we choose to do so, remove, suspend or amend untrue, inaccurate or incomplete Listings that we’re notified of or that we otherwise become aware of;
Your availability calendar, included within your Listing, will be up to date. We will update it for bookings made through our Website that you accepted. Any such accepted booking shall prevail/take precedence over any other booking for the same dates (a double booking);
You shall comply with the Holidaymaker Booking Conditions, Stripe Terms (whilst the Stripe Feature is in place) and our policies and procedures that we provide to you from time to time;
Holidaymakers shall be given full access to your vacant Holiday Home during their booking;
Your Holiday Home shall be clean, tidy and maintained to a reasonable standard for each booking, and your Holiday Home shall otherwise meet any standard or quality related rating that has been applied to it;
You shall allow us, or our representatives to inspect the Holiday Home if we ask to do so;
You shall respond to queries, complaints, claims etc. concerning your Holiday Home, matters in the local area if it’s reasonable to do so, and any booking, promptly as and when a holidaymaker or a third party, such as a government authority, public body or similar, raise them with you. As mentioned above we shall not be responsible for dealing with any such queries, complaints or claims;
You shall respond to our requests for information promptly, including when it concerns a health and safety or insurance related matter;
You shall have in place insurance policies, that a reasonable person letting out their Holiday Home would have in place, in connection with your obligations under this Agreement and the Holidaymaker Booking Conditions, including but not limited public liability insurance;
If you are VAT registered, and are required to send VAT invoices to holidaymakers, please remember to do so;
You shall not let out your Holiday Home through us, or allow a booking made through our Website to take place, if you have any health and safety or insurance concern about the Holiday Home for the dates of travel advertised or booked.
What and When Will You Be Paid?
We will pay you the rental charges that we receive from each holidaymaker within 2 working days of their booking having completed (working days exclude Saturdays, Sundays and public holidays in England) less our Commission and fees for any additional services that you choose to purchase from us provided that, you have inputted your valid bank account details into your Owner Registration Form to enable us to do this. It may take around 7 days from the date that we make the payment to you for the rental charges to appear in your Bank Account.
What Happens if a Booking is Cancelled?
If a holidaymaker cancels their booking, you cancel it or we cancel it (as this Agreement, the Holidaymaker Booking Conditions or a policy or procedure allows us to), you agree to keep some, all or nothing of what the holidaymaker has paid as rental charges or extras and/or refund and/or compensate the holidaymaker in accordance with the Holidaymaker Booking Conditions, law, regulation, any government authority’s, public body’s, or similar guidance and/or any Court order (Relevant Matters). We appreciate the Holidaymaker Booking Conditions may say no refund is due, in which case it isn’t unless the other Relevant Matters say otherwise. Where you break a term of this Agreement (including in a manner that gives us the right to terminate the Agreement with immediate effect) or the Holidaymaker Booking Conditions (a) by cancelling a booking or (b) and it is a reason for a booking being cancelled, you shall also pay us an amount equal to the Deposit referred to in the holidaymaker’s booking confirmation for that booking plus VAT (Cancellation Charge).
How Will Complaints from Holidaymakers be Dealt with?
As mentioned above, you are responsible for dealing with holidaymaker queries, complaints or claims. We as a marketing and letting platform don’t deal with them.
Can this Agreement Be Terminated?
You can terminate this Agreement as set out in the “How Long Are We Appointed For” section above, you can also terminate it immediately if we commit a serious breach of this Agreement, and we don’t put it right within 30 days of you asking us to do so. We can terminate this Agreement as set out in the “How Long Are We Appointed For” section above. We can also terminate this Agreement immediately, for the following reasons:
-You fail to pay amounts due to us within 30 days of us sending you a reminder to do so;
-You break a term of this Agreement, and if it’s a matter that can be put right, you don’t do so within 30 days of us asking you to do so;
-We are notified or become aware of a problem with your Holiday Home which means, in our reasonable opinion, that it shouldn’t be let;
-We believe the Listing is an improper one e.g. it’s not a Holiday Home and we’ve not given consent to the Listing, it appears to be a fraudulent one;
-If you sell or transfer any interest in your Holiday Home;
-If you die, or by reason of your own illness or incapacity you’re unable to manage the letting of your Holiday Home, or you become bankrupt or insolvent or you go into liquidation, administration or you’re dissolved (as applicable depending if you are a legal entity or an individual) or, in relation to bankruptcy, insolvency, liquidation administration or dissolution, steps are taken by you or a third party to towards this potential outcome;
-Someone other than you starts or threatens legal proceedings against us in relation to your Holiday Home or our arrangements with you.
What Happens If this Agreement is terminated?
You agree to honour bookings already in place on the date on which we receive your notice to terminate this Agreement. If you decide not to do so, you will refund and/or compensate the holidaymakers in accordance with the Relevant Matters on the basis the bookings have been cancelled by you when they shouldn’t have been. If we give you at least 30 days’ notice to terminate, you will also agree to the above paragraph, unless we confirm to you, acting reasonably that some or all bookings need to be cancelled, in which case you will refund and/or compensate the relevant holidaymakers in accordance with the Relevant Matters on the basis the bookings have been cancelled by you when they shouldn’t have been. If we terminate this Agreement with immediate effect, unless we agree with you otherwise, we will cancel all bookings as your agent and you will refund and/or compensate the holidaymakers in accordance with the Relevant Matters on the basis the bookings have been cancelled by you when they shouldn’t have been.
This Agreement shall continue to apply in respect of each booking for after a notice to terminate the Agreement expires, and each term of this Agreement that is meant to survive the termination of it shall do so (e.g. intellectual property, confidentiality, data protection, notices, law and jurisdiction provisions). For ease Relevant Matters is defined above as Holidaymaker Booking Conditions, law, regulation, any government authority’s, public body’s, or similar guidance and/or any Court order. General Intellectual property You agree to grant us the right to use any intellectual property that you provide to us or that you display on our Website (including in your Listing) on an ongoing basis and for free on our Website, in our marketing and elsewhere, and you confirm that we won’t breach any third parties’ intellectual property rights when we’re doing so. You shall not, without obtaining our prior written consent, use our names, trademarks, logos or any of our other intellectual property rights, including as any form of advertising, marketing or publicity (including but not limited to paid listings in search engines, meta tags, keywords, or links) or otherwise in connection with any PPC (pay per click) or SEO (search engine optimisation) activities.
Damage deposit
Holidaymakers may be required to provide a security bond (a damage deposit). The requirement and the amount of it will be included in the Listing if you choose this Feature in your Account. You will need to complete a full review of the condition of the Holiday Home before and after every booking and complete an inventory of contents/facilities in the Holiday Home. After a holidaymaker’s departure, if you find any damage, the damage deposit will be dealt with in accordance with the Holidaymaker Booking Conditions. Remember to keep photographic and written evidence showing the damage caused, as well as receipts (where applicable) or other written evidence of costs.
See the Holidaymaker Booking Conditions for how the good housekeeping bond works (e.g. when a claim needs to be made by and when the damage deposit needs to be returned by).
Payments
We can deduct any amounts that you owe us, from amounts that we would otherwise pay to you under this Agreement. We can pause payments due to you if we’re concerned that we’re not paying the correct person, i.e. the person(s) that owns/has the right to let the Holiday Home. You agree that in the future we can decide to take our Commission percentage from the Deposit and Balance, ensuring that the timing of when you and we get paid amounts is fairer for us provided that, we notify you of this by email and/in your Account 15 days before. You’ll pay us in accordance with the terms of this Agreement or, within 30 days of us asking if we haven’t specified a date for payment. We may charge you interest on late payments at a rate of 4% a year above the base rate of the Bank of England. You are responsible for paying all tax on any amounts that you receive from us (unless we are legally required to, and do, deduct this at source for you), or that are otherwise payable by you in respect of the letting of your Holiday Home and/or your Agreement with us, and you will ensure we receive all amounts due to us, without any deduction or set off having been made to them.
This Agreement
This Agreement is the entire agreement between us in relation to us marketing and letting your Holiday Home and supersedes prior agreements about this. A person who isn’t a party to the Agreement can’t benefit from it or enforce it.
Confidentiality
You agree to keep this Agreement and our dealings confidential other than as required by law, regulation, if you need to seek professional advice on it/them or if they are in the public domain other than due to a breach of confidentiality by you.
Data Protection
You will be a separate and independent data “Controller” in your own right in relation to any personal data passed to you by us or our group companies. You are responsible for registering with any relevant data protection authorities. You shall comply with all laws relating to data protection, including the privacy of electronic communications. For details of how we may use your personal data and your obligations to use the data of holidaymakers please see our privacy policy at https://www.yourgetaway.uk/privacy-policy.
Notices
We can send each other notices under this Agreement by post and/or email to the contact details that we have provided each other with (see the section “Our Details” for ours), or any updated contact details that you tell us about and that we input into our systems, or that we tell you about. All notices under this Agreement should be in writing (which includes email).
Transfers
You agree not to assign or otherwise transfer this Agreement to anyone without our prior written consent. You consent to us transferring this Agreement to one of our group companies or another organisation if we decide to do so.
Sub-agents
You agree that we can appoint sub-agents to market and let your Holiday Home, and when we do this, and when they accept bookings for you, their holidaymaker booking conditions apply in addition to ours, with theirs prevailing if there is a conflict. We’ll let you know when such bookings are made, and the terms for them will be the ones available on their websites and/or during the holidaymaker booking journey. You agree to comply with these. Changes We can amend this Agreement and the Holidaymaker Booking Conditions without your consent to reflect a change in law, regulation and/or a government authority’s, public body’s, or similar, guidance (Required Changes). We can also amend this Agreement and the Holidaymaker Booking Conditions without your consent for other reasons if the change won’t have a significant detrimental impact on you or on the nature or the quality of the services that we’ve agreed to provide you, or that you’ve agreed to provide to holidaymakers under them. In relation to changes we’re able to make to the Holidaymaker Booking Conditions, we’ll place the amended ones on our Website for at least 15 days before they will apply to future bookings of your Holiday Home (or less if they are Required Changes) and/or we’ll send you them by email and/or we’ll show them to you in your Account. We’ll do the same in relation to changes to the Agreement, excluding putting them on our Website. In relation to all other changes to the Agreement and Holidaymaker Booking Conditions, we’ll notify you of them (this may be by email, in your Account, on our Website), at least 30 days in advance, and if you don’t like them, you can, within those 30 days, give your 30 days’ notice to terminate the Agreement, after which time, if you haven’t given such notice, the changes shall apply. If you have, they won’t.
Liability
In this section a reference to “liability” is to every kind of liability arising under or in connection with this Agreement including a liability in contract, tort (including negligence), misrepresentation or otherwise. Notwithstanding any other part of this Agreement, we don’t exclude or limit our liability to you where it would be unlawful for us to do so. This includes us not excluding our liability to you for death or personal injury caused by our negligence or due to us having committed fraud or a fraudulent misrepresentation. Subject to the below, our total aggregate liability to you for successful claims made against us in any calendar year shall be limited to the total amount of Commission that you have paid or pay to us in that calendar year. We shall have no liability to you for loss of profit, loss of business or a business opportunity, business interruption, loss of anticipated savings, loss of or damage to goodwill or any indirect or consequential loss. We shall have no liability to you for any loss or liability that you suffer due to a holidaymaker leaving a review or you responding to it, or in relation to your Holiday Home Listing that you are responsible for. We will not be in breach of this Agreement or be liable for a delay in performing it, if the breach or delay results from events, circumstances or causes beyond our reasonable control. If we let you know of a substantial delay (we shall be allowed a reasonable time period for the purpose of providing our services) you can contact us to terminate the Agreement, and we’ll work with you to try and resolve the situation for holidaymakers, or if we can’t, you will refund the holidaymakers the amount they paid for their booking. You shall compensate us in full for all losses, liabilities, claims, actions, proceedings, damages, charges, fines and penalties (excluding indirect or consequential ones) and reasonably incurred costs and expenses that we suffer due to any holidaymaker, government body, public body, regulator or similar, or other third party making a claim or taking action against us, or threatening to make a claim or take action against us, for (i) tax on amounts we receive on your behalf, (ii) in connection with your Holiday Home, the Listing and/or the letting of it, or (iii) due to you breaking a term or causing us to break a term of this Agreement and/or the Holidaymaker Booking Conditions, or any sub-agent booking conditions if applicable. This paragraph shall also apply if a holidaymaker makes a successful chargeback request against us. You shall compensate us in full for all properly incurred third party costs and expenses that we incur due to us having to take any step(s) to collect any unpaid overdue debt, that you owe to us, from you. Capacity When entering into this Agreement, you warrant and represent to us that you are a business because you are buying services from us wholly or mainly in connection with a trade or business as you are using the Holiday Home to gain an income. Information You agree that all information that you provide to us in connection with this Agreement and the Holiday Home is true, accurate and not misleading. Interpretation When we use words or phrases like e.g., such as, by way of example, or something similar, the words that follow shall not be interpreted as an exhaustive list. Law and jurisdiction
This Agreement and any dispute under it will be governed by English law. The Courts of England shall have exclusive jurisdiction over it. If a court or relevant authority decides any term of this Agreement is unenforceable, the remaining provisions will stay in full force and effect. Our details yourgetaway.uk) whose registered office Lytchett House, 13 Freeland Park, Wareham RD, Dorset, HB16 6HA Email address: info@yourgetaway.uk We will let you know if these change on our Website.