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