Holiday Home Management Contract
Terms & Conditions
We aim to make the terms and conditions as simple as possible and
will try to keep the legal language to a
minimum where possible but we are
aware some legal terms will apply so
please find the definitions used below.
Definitions
The following definitions shall apply to these Terms & Conditions:
“The Agent” is Lyndale Housekeeping
“Agreement” means the agreement including the three
Schedules;
“The Term” means the period of the agreement, as
standard this is for 12 months;
“The Charges” means the amounts as set-out in Part One
of the Schedule;
“The Owner” means the owner of the Property;
“Payment” means the payment by the Owner to the Agent
of the Charges invoiced;
“The Property” means the property that isto be managed
by the Agent as specified in Part One of the Schedule;
“The Guests” means the person or persons from time to
time occupying the Property;
“Services” means the services for the Property as detailed
in Part One and Part Two of the Schedule;
We at Lyndale Housekeeping want you to be happy with the contract agreement in place so please read the following terms and conditions carefully and if you have any queries please do ask us to clarify and we will be happy to give an example for you until you are happy with the terms set out.
General Conditions
1. Appointment of Agent and Term
The Owner hereby grants to the Agent the exclusive
right to provide the Services for the initial period of
twelve (12) months from the date of the Agreement and
thereafter the annual renewal fee will become payable
in full on each anniversary and the appointment shall
continue on a yearly basis until determined by either
party serving on the other not less than one month’s
notice to terminate.
2. Authority of Agent
By instructing us as your Agent you will be giving
authority for us to act on your behalf in matters
concerning the Property as provided herein. You agree
to indemnify us on demand from and against all costs
and expenses of whatever nature borne by us in
connection with the provision of the Services. The
owner hereby gives the right to the Agent to carry out
any minor works and/or to undertake such further
urgent works which may become necessary, in each
case without prior consultation, if appropriate, or if the
owner or the owner’s designated party is not
immediately available for consultation upto a value of
£100.
3. Obligations of Owner
3.1 The Owner undertakes to comply with all legal
requirements concerning fire, health and safety
regulations and any other applicable regulations that
may from time to time be applicable in respect to the
Property if utilized for rental and letting purposes. The
owner will also comply in full with all current legislation
governing insurance, public liability, electrical and gas
safety regulations, fire and furnishing regulations, and
all other legal requirements.
3.2 The Owner shall make the Payments on or before
the due date without any deduction or set-off of any
nature whatsoever.
3.3 If any Payment is not made on the due date then
the Agent reserves the right to charge interest on any
sum outstanding at the rate of 10% per annum
calculated on a daily basis both before as well as after
judgment.
4. Liability and Indemnity
It is agreed that the Agent and/ or its external
contractors or staff shall not be liable to the Owner nor
to any third party in any way for any loss or damage
due to any cause whatsoever including negligence. The
Agent shall use (and ensure that its sub-contractors (if
any) use) and exercise reasonable skill and care and
comply with all applicable laws and costs, claims,
demands, liabilities, obligations, penalties however and
wherever arising whether directly or indirectly from any
breach, observance or non-performance including
negligence, to the full extent permitted by law.
5. Charges for the Services and Payment
The Owner will pay the Agent the Charges. Payment for
all Services rendered, including callouts and all other
services will be arranged by the Owners in compliance
with the Agent’s agreed payment method of prompt
cheque payment. Fees and charges outlined on the
contract are correct as at April 2010. We reserve the
right to alter these rates should there be any change in
our supplier charges. Annual fees become payable in full
on commencement of this Agreement. All other charges
and agreed fees thereafter are payable in the following
calendar month following the completion of contracted
services or works.
6. Governing Law & Jurisdiction
The validity, construction and performance of this
agreement shall be governed by English Law and any
disputes shall be subject to the jurisdiction of the
English Courts.
7. General
7.1 Variation - The Agent reserves the right to amend
these terms and conditions and any such amendments
shall be confirmed in writing at least 1 calendar month
before coming into effect.
7.2 Entire Agreement - This Agreement supersedes and
invalidates all other commitments, representations and
warranties relating to the subject matter hereof which
may have been made by the Parties either orally or in
writing prior to the date hereof is signed. Each Party
warrants to the other that it has not relied on any such
commitment, representation or warranty in entering into
this Agreement.
7.3 Contracts (Rights Of Third Parties) Act 1999 - A
person who is not a party to this Agreement has no
rights under the Contracts (Rights of Third Parties) Act
1999 to enforce any term of this Agreement but this
does not affect any right or remedy of a third party
which exists or is available apart from that Act.
7.4 Default & Termination - The Agent shall be entitled
to terminate this Agreement and withdraw services forth
with on notice if:
(i) the Owner shall fail to make any Payment within
seven (7) days of the Payment Date; or (ii) the Owner
shall be in breach of any material term of this