1.1 The Host appoints FG Properties to market and let the Property for the Rental Period.
1.2 FG Properties shall provide the Services in respect of the Property and in accordance with this Agreement.
1.3 In order to enable FG Properties to perform its obligations under this Agreement, the Host (a) authorises FG Properties to enter the Property for the purpose of this Agreement, and (b) shall provide FG Properties with any co-operation, assistance, and/or access to such information/documentation as may be required by FG Properties.
2.1 The Host warrants, represents, and undertakes that he has (a) the legal right to let the Property, and (b) acquired all the necessary permits, licences, certificates and consents as required by Law to let the Property.
2.2 The Host shall comply with the Laws in respect of the Property.
2.3 It shall be the Host’s sole responsibility to comply with the Law in respect of the Property.
2.4 FG Properties shall have no responsibility whatsoever of conducting any checks to verify that determining whether the Host has complied with this clause.
3.1 The Host shall keep the calendar on Kigo updated during the Rental Period. If the Property is shown as available, FG Properties shall be free to rent the Property within the availability window and every booking shall be binding on the Host.
3.2 The Host shall provide (a) FG Properties with a master set of 4 keys to the Property, (b) a current and valid Gas Safety Certificate (FG Properties can obtain such a Gas Safety Certificate, if the Host does not have one), (c) the furniture and furnishings, including eating utensils and electrical appliances, (d) wi-fi access, and (e) any other items that FG Properties require to ensure that a guest’s stay is comfortable and as advertised.
3.3 During the Term, the Host shall (a) ensure that Property is fit for human habitation, (b) maintain the Property and all furniture and furnishings by eliminating tear and wear, and (c) create and maintain inventory in respect of any Property items (including any personal property).
3.4 The Host shall pay any and all utility bills, council tax and any other charges arising out of or in connection with the Property including gas, electricity, trash collection, water, telephone, television, cable and all other similar public services, including installation, connection and disconnection charges.
3.5 The Host shall be responsible for (a) repairing any damages to the Property, and (c) replacing any missing property from the Property. The Host shall bear any costs and expenses arising out of or in connection with the aforesaid that are not covered by the security deposit collected from the guests by FG Properties.
3.6 The Host shall maintain in force insurance to cover its liabilities under this Agreement including personal injury and property damage occurring in the Property, which policies shall be made available to FG Properties upon signature of this Agreement.
3.7 The Host shall not (a) enter the Property or otherwise disturb the guests without FG Properties’ prior written consent, and (b) interfere with guests reservations. If the Host breaches 3.1(b), it shall be liable to pay to FG Properties any costs and expenses incurred by FG Properties as a result including the costs of procuring alternative accommodation for the guests.
3.8 The Host shall immediately notify FG Properties upon becoming aware and/or notified (and make reasonable enquiries where appropriate), if there are any planned and/or on-going works and/or maintenance which may affect the personal enjoyment of the prospective guest. Depending on the severity of such works and/or maintenance, FG Properties reserve the right to offer a discount on the rental amount to the Guests for any resulting disturbance, and/or, if necessary, to relocate them to another Property.
3.9 The Host agrees to give FG Properties a written 30-day notice of the Host’s intent to place the property on the real estate market for sale. In some cases it will not be feasible to rent the Property while it is on the market for sale and FG Properties may choose to terminate this Agreement immediately by giving written notice the Host has notified FG Properties that it intends to sell. The Host and his sales agent, if any, shall not show the Property to prospective buyers during any occupancy by a guest and will advise prospective buyers of any future reservations created under this Agreement.
4.1 The rental rates are set by FG Properties at their sole discretion employing sophisticated revenue management techniques.
4.2 FG Properties makes no representation whatsoever to the Host about the amount of rental income the Host may anticipate receiving under this Agreement.
5.1 The Host shall pay the Fees in accordance with Schedule 1. All Fees are and charges payable by the Host to FG Properties under this Agreement are payable in Pounds Sterling and are exclusive of any tax (including VAT), the Host shall pay any tax on Fees and charges in the manner prescribed by Law.
5.2 Subject to the terms and conditions of this Agreement, if any sum payable is not paid within 30 days after the due date, then (without prejudice to FG Properties’ other rights and remedies), the Host reserves the right to charge 2% interest on that sum on a daily compounded basis (before as well as after any judgment.
If a dispute arises with a guest regarding the Property, on or after taking possession and for any reason, FG Properties shall not as a liaison between the Host and any guest who may make a claim or have a dispute with the Host in respect of the Property, and shall not assist in negotiating the resolution of any such claim or dispute. It is the Host’s sole responsibility to resolve any such claim or dispute and direct FG Properties as to what to do in respect of return of rental fees etc.
7.1 This Agreement shall commence on the Start Date and shall remain in effect up to and including 18 months from the Start Date (“Initial Term”) (subject to earlier termination). At the end of the Initial Term, this Agreement may be renewed for additional periods of 12 months (each a “Renewed Term”) if the parties so agree in writing.
7.2 FG Properties shall be entitled to terminate this Agreement immediately (a) by giving written notice to the Host, and (b) by giving written notice if the Host breaches clauses 3, 4, and 6.
7.3 Either party shall be entitled to terminate this Agreement immediately by giving written notice to the other party if that other party (a) commits any material breach of this Agreement and fails to remedy that breach within 30 days’ written notice of that breach, or (b) commits any material breach of this Agreement that isincapable of remedy.
8.1 On expiry or termination (whichever is earlier) of this Agreement howsoever caused (a) the rights and duties created by clauses 5, 8, 9 and 10.1 shall survive, (b) the rights and remedies of either party which arose on or before expiry or termination shall remain unaffected, (c)reservations that exist for the Property beyond the expiry or termination date, then FG Properties shall use reasonable efforts to transfer the reservations to another Property. If FG Properties are unable to transfer the reservations, this Agreement shall remain effective after termination for the periods covered by the non-transferable reservations, and (d) outstanding payments covering the entire letting period to us will fall due immediately.
9.1 Neither party shall exclude or limit its liability for (a) death or personal injury caused by its negligence, and/or (b) fraud or fraudulent misrepresentation.
9.2 FG Properties shall not be liable to the Host for any consequential or indirect loss, loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, and/or loss of business.
9.3 Each party’s Contractual Liability to the other party shall not exceed £5,000. “Contractual Liability” means the total maximum aggregate liability howsoever arising under or in relation to the subject matter of this Agreement that is not excluded or limited by virtue of clauses 9.1., 9.2 and/or 9.3.
9.4 The Host hereby indemnifies FG Properties from any liability, loss, damage, cost or expense, including legal fees and judgments arising from injury to person, damage to the Property, sustained by anyone in connection with the rental of the Property not caused by the gross negligence or willful conduct of FG Properties, its officers, directors, employees, agents, contractors and/or affiliates.
10.1 Changes No changes to this Agreement shall be valid unless made in writing and signed by the authorised representatives of both parties.
10.2 Assignment FG Properties shall have the right to assign, delegate, sub-contract, or sub-license or otherwise transfer (in whole or in part) this Agreement. Subject to the foregoing, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns.
10.3 Third Party Rights The parties hereby exclude to the fullest extent permitted by Law any rights of third parties to enforce or rely upon any of the provisions of this Agreement.
10.4 Force Majeure FG Properties shall not be liable for any delay or failure in performing its duties under this Agreement to the extent that its performance is interrupted or prevented by an event outside its control.
10.5 Entire Agreement This Agreement supersedes any prior contracts, arrangements and undertakings between the parties in relation to its subject matter and constitutes the entire agreement between the parties relating to that subject matter. Neither party is relying upon any agreements, understanding, arrangement or course or trade or business (whether in writing or otherwise) that is not expressly stated in writing within this Agreement.
10.6 Severance If any part of this Agreement is held unlawful or unenforceable that part shall be struck out and the remainder of this Agreement shall remain in effect.
10.7 No Waiver No delay, neglect or forbearance by FG Properties in enforcing its rights under this Agreement shall be a waiver of or prejudice those rights and may only be waived in writing and specifically.
10.8 Disputes If a dispute arises under this Agreement between the parties, the parties shall negotiate in good faith to resolve it.
10.9 Notices All notices under this Agreement (including invoices) shall be in writing and shall be sent to the address of the recipient set out in this Agreement or to such other address as the recipient may have notified from time to time. Any notice may be delivered personally, by a reputable courier service, by first-class post, by fax or by e-mail and shall be deemed to have been served if by hand when delivered, if by courier or first-class post 48 hours after delivery, if by fax, when confirmation of transmission is received, or if by e-mail immediately.
10.10 Counterparts This Agreement may be signed in any number of counterparts and by the parties on separate counterparts, but shall not be effective until each party has signed at least one counterpart.
10.11 Law and Jurisdiction This Agreement is governed by the laws of England and is subject to the exclusive jurisdiction of the English courts.