Host Terms & Conditions
08/05/2024
- General
- Comfy Workers Limited is incorporated and registered in England and Wales with Company Number 13044402, whose registered office and main trading address is at Bedford Heights, Brickhill Drive, Bedford, MK41 7PH (We, Us or Our)). Our VAT number is GB395262961 and We operate the Comfy Workers Platform (as defined below). To contact Us, telephone our customer service team at 0330 2231412 or email Us at hello@comfyworkers.com.
- The host is the Accommodation provider or operator (You or Your) who is entering into this agreement with Us.
- You wish to use Our agency services to facilitate the short term letting of the Accommodation on Your behalf. Under this Agreement (as defined in clause 1.4), We are acting as a disclosed agent on Your behalf. We are not responsible for the Accommodation itself, for which You are entering into a contract directly with the Guest.
- These terms and conditions (Terms) apply to Your order for Services and Our supply of Services to You (together, the order and these Terms constitute the Agreement between Us and You for Our Services). By using the Comfy Workers Platform and placing Your order for Services with Us, You agree to be bound by these Terms and the Agreement. After You place your order, for Services You will receive an email from Us acknowledging that We have received it, but please note that this does not mean that Your order has been accepted. Our acceptance of Your order takes place by Us sending an email to You containing a link to the Comfy Workers Platform and You following the link to confirm your order (Order Confirmation), at which point and on which date (Commencement Date) the Agreement between you and the guest will come into existence. Occasionally We may accept Your order by telephone where You request Us to. We will send an Order Confirmation to you in these circumstances.
- These Terms apply to the exclusion of any other terms that You may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- The Agreement is the entire agreement between You and Us in relation to its subject matter. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Agreement.
- Definitions
- In the Agreement, the following defined terms shall have the following meanings:
Accommodation means Your accommodation which We have agreed to facilitate the sale of short term occupation, in accordance with this Agreement which may include but not be limited to the following formats: serviced apartments, property, company lets, corporate housing, shared houses or HMOs, hotels, aparthotels and temporary accommodation. Such term shall be used interchangeably and any use shall be inclusive of all other formats unless explicitly stated. Each reference to Accommodation can be both singular and plural covering an individual property or multiple properties.
Accommodation Fee(s) means the all-inclusive charges for Guest stays at the Accommodation under all Reservations as agreed between You and each Guest from time to time, including all charges for Guest stays (including cleaning charges), all charges for utilities and services costs as set out in clause 6.1.8 and for any booking fees, cancellation fees and no show fees, and including VAT and/or other taxes at applicable rates. For the avoidance of doubt, the Security Deposit shall itemised separately from the Accommodation Fee.
Advanced Protection means any per Reservation damage protection insurance taken out by Us in Our sole option (subject to satisfactory Guest identity verification checks) covering damage over and above the amount of any Security Deposit held by Us.
Comfy Workers Platform means the host portal at www.comfyworkers.com and any other domain name used by Us for the promotion of Our business, including any mobile application or alternative owned listing formats made available by Us. The Comfy Workers Platform shall include all information required to be completed by You by way of entries in the building section and the account section and any other data request that You are required to complete in relation to Accommodation or otherwise.
Customer means any person, firm or company who makes a Reservation for or otherwise uses Accommodation pursuant to this Agreement.
Commission means the sums payable to Us for the Services pursuant to clause 10.
Confidential Information means any confidential, commercially sensitive or proprietary information of a party.
Guest means a guest under a Reservation.
Host Conditions of Stay means any terms and conditions of stay to be adhered to by a Customer and Guests (as applicable) in relation to each Reservation.
Property Details means all information and materials provided by You or obtained by Us in relation to the Accommodation and/or the facilities, services and amenities offered.
Reservation means when a booking has been accepted and confirmed by You in accordance with this Agreement.
Company Deposit means a payment made to Us by the Customer upon their first confirmed booking with Us as a security deposit covering the cost of any damage caused by the Customer and/or Guests to any Accommodation booked with Us up to the value of £500.
Services means the promotion and sale of short term occupation on Your behalf, acting as agent, of Your Accommodation and the performance of the other obligations on Us as set out in this Agreement.
Specification for Services means the specification appearing on Our Comfy Workers Platform at the date of Your Order Confirmation in all material respects, as amended from time to time in accordance with clause 5.2.
- In the Agreement, the following defined terms shall have the following meanings:
- Appointment
- Under this Agreement, You appoint Us as Your non-exclusive selling agent for the sale of short term occupation and promotion of Your Accommodation.
- We accept the appointment and agree to provide the Services. We shall be permitted to appoint sub-agents for the supply of Services, including but not limited to intermediary companies working with Us and booking Accommodation on behalf of third parties, including business travellers/travel management/relocation management companies.
- In the event that the person entering into this Agreement is not the legal and beneficial owner of the Accommodations, by entering into this Agreement they warrant, represent and undertake that they have the authority to act on behalf of and to bind the owner of the Accommodation for the purposes of this Agreement.
- Effective Date and Term
- This Agreement will commence on the Commencement Date and will continue in full force and effect until terminated in accordance with clause 11.
- Our Services
- Subject to Our right to amend the Specification of Services (see clause 5.2) we will supply the Services to you in accordance with the Specification of Services.
- We reserve the right to amend the Specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such amendment.
- We warrant to You that the Services will be provided using reasonable care and skill.
- We will use Our reasonable endeavours to meet any performance dates agreed between the parties, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Agreement.
- If Our ability to perform the Services is prevented or delayed by any failure by You to fulfil any obligation under the Agreement (Your Default):
- We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Agreement under clause 11;
- We will not be responsible for any costs or losses You sustain or incur arising directly or indirectly from Our failure or delay to perform the Services;
- it will be Your responsibility to reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from Your Default.
- If a problem arises or You are dissatisfied with the Services, we have a comprehensive complaints and dispute resolution policy, see https://help.comfyworkers.com/support/solutions/articles/80001070650-comfy-workers-complaints-policy
- We operate call monitoring and recording as part of Our continuing effort to ensure You receive the highest level of Service, We may monitor and record Your call for training purposes.
- Minimum Standards for Accommodation
- You shall provide the Accommodation in accordance with the following:
- in all material aspects as specified and described by You in accordance with clause 7.3 for the purposes of our advert in terms of type, specification, requirements or otherwise.
- fully functioning heating and hot water.
- fully furnished and serviced.
- fully functioning kitchen, or as a minimum a kitchenette as specified and described by You for the purposes of our advert and suitable for the number of agreed guests.
- fully functioning bathroom(s) as specified and described by You for the purposes of our advert;
- let or rented out on a nightly basis (or as per the minimum stay requirement) in principally the same way as a hotel room.
- meets the minimum service levels of: being fully cleaned with a regular change of all linen and towels (being at least once per week or once every two weeks as set out in the Reservation), or at such intervals as agreed between the parties in writing from time to time and in any event, between all changes of occupancy. Any difference in frequency should be agreed as part of the Reservation.
- all utility and service costs except outgoing telephone calls shall be included in the Accommodation Fees.
- maintained at all times in a clean, tidy, reasonable and tenantable condition.
- all relevant safety certificates shall be held and will be maintained, including gas and electrical appliances.
- conform to all applicable planning, licensing, health and safety and other requirements as may be imposed on it by national, local or other laws, regulations, guidelines, rules and codes of practice including, but not limited to those relating to fire, safety and hygiene, of the country(s) in which and for the purposes for which the Accommodation is provided.
- There is no requirement for the Accommodation to provide reception facilities or a meet & greet service. A self-check-in service is acceptable.
- You shall provide emergency management and maintenance support, which shall as a minimum include an emergency telephone number available 24 hours a day, every day of the year.
- If the Accommodation does not fulfil the requirements mentioned in 6.1.1 to 6.1.11, You shall notify Us as soon as is practicably possible and do the following in this order;
- rectify the issue immediately;
if rectification is not possible in advance of Customer check-in or once the Customer notifies you of the issue, then: - provide alternative Accommodation of the same or better standard, type, location and other booking requirements and specifications (including travel routes, accessibility etc.); or
- notify the Guest of their right to cancel with immediate effect regardless of the cancellation policy and refund any paid portion of the Accommodation Fee calculated from when the requirement(s) in clause 6.1 is breached until the check out date.
- rectify the issue immediately;
- You shall provide the Accommodation in accordance with the following:
- Your Obligations
- You shall meet all legal and regulatory compliance related to the offering of the Accommodation. This includes (but is not limited to) ensuring the following:
- Compliance with legal guidance on fire safety including the guidance at the following link [Guidance].
- Compliance with any applicable local licences, registration schemes and planning laws.
- Holding a valid gas safety certificate (as applicable).
- Holding a valid electrical safety certificate.
- Holding a valid energy performance certificate (EPC).
- Permission from any and all relevant interested parties.
- You shall cooperate with Us in a timely manner in all matters relating to the Services. You will provide Us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects. This includes notifying us prior to check in of any fault, issue or damage which you are aware of that materially impacts the Accommodation.
- You shall provide full information to Us in relation to the Accommodation including the Property Details by completing the online form on the Comfy Workers Platform and any Host Conditions of Stay. You undertake that all information, materials and Property Details that You provide to Us are lawful, accurate, complete and not misleading and that You shall immediately inform Us of any changes or inaccuracies. We will use all reasonable endeavours to ensure that We will not host any unlawful information and We will act expeditiously to remove or disable any such information upon becoming aware of the same.
- You shall ensure that any repayments or refunds are paid to Us in a timely manner and in any event within a maximum of 5 business days.
- If You fail to make a payment due to Us under this Agreement by the due date, then, without limiting Our remedies under this Agreement, You shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%. You shall, in addition, pay to Us any fees, costs or expenses of collection We may reasonably incur in respect of any overdue sums.
- You shall obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start.
- You shall provide the Accommodation (and any agreed services or extras) to the Customers strictly in accordance with the terms of the Reservation.
- If You fail to provide the Accommodation in accordance with the Reservation then You shall source suitable alternative accommodation of the same or higher standard to the Reservation, as per clause 6.4.2. In the event that the fees for the alternative accommodation are higher than the Accommodation Fees, then the difference will be Your sole responsibility. If suitable alternative Accommodation cannot be provided in accordance with clause 6.4.2, then clause 6.4.3 shall apply.
- You shall operate, select and offer a cancellation policy for each Reservation permitting any Customer to cancel or amend a confirmed Reservation, for which We shall have no liability for any loss. The cancellation policy must be enforceable at any time between the booking being confirmed up to check out.
- You shall keep Us fully informed of any feedback received from any Customer regarding the Accommodation and inform Us within one working day of any complaints received. You must also inform any Customer that all future correspondence including complaints should be sent to Us.
- You shall provide any assistance reasonably required by Us and further agree to respond to Us within the time frame specified by Us (acting reasonably) of any requests of Ours concerning a Customer, the Accommodation or a Reservation.
- You accept that We give no warranty that:
- the content placed on the Comfy Workers Platform will meet the requirements of the user of the Comfy Workers Platform (“User”).
- access to the Comfy Workers Platform will be uninterrupted, timely, secure, or error-free.
- You shall not circumvent Us, in any way in which We may be directly or indirectly negatively commercially affected. You agree not to contact, initiate contact, or attempt to do business with, at any time for any purpose, either directly or indirectly, any Customers, guests, bookers, employees, agents or other related parties of any Reservation introduced by Us for the purpose of circumventing, the result of which shall be to prevent Us from realising a profit, fees, or otherwise, without Our specific written approval. Where such approval is given, in Our sole discretion, it shall be given in writing on a case-by-case basis. This shall apply 12 full months after the last check-out date within our platform or deregistration, whichever is later. If such circumvention shall occur without Our approval, We will not be responsible or liable for the payment, invoicing or any other matter related to this booking. In addition, You will pay to Us a fee that is equal to the commission or fee We would have realised in such a transaction, plus any costs, losses or expenses We incur on enforcement. You shall also be liable to Us for any commission or fee We would have otherwise realised in future transactions with such Customers, guests, bookers, employees, agents or other related parties, including but not limited to any loss of goodwill, loss of profits, loss of sales or business, loss of agreements or contracts, or loss of anticipated savings or expenses. To avoid uncertainty or doubt, this applies not only to Reservations, but is inclusive of, but not limited to any prospective business opportunity, contact or information directly introduced or disclosed to You by Us.
- You shall procure that the landlord / owner does not interfere with the provision of the Accommodation or with the performance of the parties’ obligations under this Agreement, including Your obligations under clause 7.12.
- You acknowledge that general wear and tear, losses incurred through acts of nature and maintenance are Your responsibility and shall not be treated as damages. In the event of loss or damage incurred solely from the Customer and/or Guests under a Reservation, You shall inform Us within 48 hours of Guest checkout including photo evidence of all items. Within a further 24 hours You shall provide an itemised outline of resolution, replacement or repair of the stated damages. Any items raised outside of these timescale shall no longer be possible to seek reimbursement for such damage from the Customer, the Security Deposit or Advanced Protection (where applicable), unless an agreed extension for further details is granted in writing by Us. After this point, We will aim to facilitate an agreeable resolution between the Customer and You, however, in the event of an unsuccessful resolution within 48 hours You may communicate directly with the Customer in respect of such damage. For the avoidance of doubt, We shall have no liability to You for any damage (accidental, malicious or otherwise) to the Accommodation arising from a Reservation and Our only liability to You in respect of the same is to invoice the Customer and/or administer the payment of the Security Deposit and Advanced Protection (where applicable).
- You shall meet all legal and regulatory compliance related to the offering of the Accommodation. This includes (but is not limited to) ensuring the following:
- Bookings and Enquiries from Customers
- Following receipt of a booking enquiry from a prospective customer, We shall inform You of the same via the Comfy Workers Platform unless, in Our reasonable opinion, We consider the Accommodation inappropriate for the prospective customer’s needs.
- You shall follow Our enquiry and booking process on Our Comfy Workers Platform. Where You offer Accommodation and following a booking enquiry You accept it and the Customer accepts it, the booking shall become a Reservation. We shall confirm the Reservation to You, such Reservation shall be on and subject to these Terms. You shall provide Us with all information that we are required to make available to the Guest in respect of the Reservation.
- All Reservations are binding on You from the time that the Reservation confirmation is submitted in the Comfy Workers Platform, or the time the Reservation is confirmed by email or otherwise to You. Where the confirmation is submitted to You otherwise than in writing, We will follow-up the confirmation with You in writing. You acknowledge that our confirmation to You is the point at which a contract between You and the Customer is formed.
- On confirmation of Your first booking for new hosts or Your next confirmed booking for existing hosts, You must provide the following:
- if applicable, Your legal trading name as on Companies House to ensure we have Your full and correct details; and
- certified copy of Your ID as reasonably requested.
- We provide no guarantee or warranty as to the number of Reservations that We may facilitate.
- We shall not be obliged to advertise or promote Your Accommodation on the Comfy Workers Platform or otherwise.
- We shall undertake:
- appropriate Customer and Guest identity verification; and
- Customer and Guest credit checks;
- Accommodation Fees and terms and conditions of stay
- You shall provide Us with a list of Accommodation Fees as a base rate for each Accommodation which shall be valid for the period 1st January to 31st December each year and shall send the same to Us no later than 30th November of the preceding year.
- Any amendment to the list of Accommodation Fees during the year must be notified by You to Us with at least 30 days’ written notice. We shall update the Accommodation Fees in Our reservation system and on the Comfy Workers Platform within 14 days of receipt of the same.
- If the Accommodation is located in the United Kingdom, it is expected that You will apply the reduced rate of VAT from the 29th consecutive night onwards. You shall notify Us of Your VAT policy at the time that the Accommodation Fees are provided to Us.
- You will only have the opportunity to set Your pricing on each booking prior to the booking being confirmed by Us as a Reservation. Following confirmation of Your booking as a Reservation, you cannot amend the Accommodation Fee.
- Accommodation Fees should be provided inclusive of Commission and taxes. All taxes that apply must be clearly stated on the list of Accommodation Fees.
- For each Reservation, We shall act as your payment processing agent, facilitating and receiving payment from the Customer of the Accommodation Fees on Your behalf.
- Each Customer is required to submit a Company Security Deposit to Us with their first confirmed booking. Such Deposit is held by Us as security against damage caused by any Customer and/or Guest to any Accommodation We provide. With each Reservation We may also (at our sole option) take out Advanced Protection. For the avoidance of doubt, the Security Deposit shall cover a maximum damages sum of £500. In the event of any loss or damage to Your Accommodation, You shall follow the process set out in clause 7.14 above. We will invoice the Customer for any evidenced loss or damage, and, where such invoice remains unpaid, We will administer the payment to You of the Security Deposit and Advanced Protection (where available). For the avoidance of doubt and save where We at Our sole discretion take out Advanced Protection, the Customer is liable for all loss and damage during any Reservation Advanced Protection (where taken out) is available on a per Reservation basis and may only be claimed a maximum of once per Reservation.
- We agree that, where You have any Host Conditions of Stay, We will make these available to the Customer for each Reservation.
- Fees and Payment
- In consideration of Us providing the Services, You shall pay Us Commission in accordance with this clause 10. Commission shall be due on Accommodation Fees. The Commission shall be payable at the percentage rate agreed between Us and You, which is agreed prior to the booking being confirmed by Us as a Reservation.
- We will pay You the Accommodation Fee minus Our Commission (Balancing Payment). All Accommodation Fees will be clearly visible on each Accommodation offer prior to You confirming a booking.
- We shall be entitled to deduct the Commission from the payment to Us of the Accommodation Fees for each Reservation (or shall otherwise invoice You if a deduction cannot be made for any reason). Upon request, We will provide a VAT receipt in respect of the Commission to You for Your records (if applicable). We will issue the receipt within 7 business days of processing payment of the Accommodation Fees.
- Where possible, We shall forward the Balancing Payment in line with the payment plan within 7 business days of Guest arrival and check in. We will forward the Balancing Payment directly to Your nominated bank account, or by other agreed method.
- Where You are VAT registered, You will provide to Us an appropriate VAT invoice itemising the Accommodation Fee and the VAT and other sales tax. You shall send all such invoices to Us electronically, marked for the attention of the Customer (with relevant booking number if contact details are not available) but “care of” Comfy Workers Limited as disclosed agent in respect of a Reservation.
- For Reservations of 28 nights or less, We will pay You the whole amount in one transaction.
- For Reservations of more than 28 nights, We will pay You in calendar months (or at such intervals as We may otherwise agree). Invoices (where required by Us under clause 10.5) should be issued to Us on the later of the day that the Reservation is made or on Our request for an invoice for the first period nights and then on the agreed cadence thereafter. Information can be visible on payment schedules within the booking area on the Comfy Workers Platform.
- Termination & Effect of Termination
- Either party shall, by giving notice in writing to the other, be entitled to terminate this Agreement with immediate effect if:
- the other party commits a breach of any of the terms or conditions of this Agreement and the breach (if capable of remedy) is not remedied within seven days of receiving written notice to do so by the other party; or
- the other party ceases to be able to pay its debts in the ordinary course of its business, enters into an arrangement with its creditors, goes bankrupt or into liquidation, if a resolution is passed or an order is made for the winding up of the other party or if any analogous event occurs which affects the other party.
- Either party shall be entitled to terminate this Agreement without cause by giving no less than two months’ notice.
- If You abuse or harass Our staff, We reserve the right to terminate this Agreement. We also reserve the right to disallow You from using our Services at any time.
- If this Agreement is terminated for any reason, the termination shall not apply in relation to Reservations made before the effective date of termination and the rights and obligations of the parties under this Agreement in respect of such Reservations shall survive the termination and be enforceable notwithstanding it.
- In the event of termination, You shall immediately return or (at our direction) destroy all of Our Confidential Information.
- Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.
- Either party shall, by giving notice in writing to the other, be entitled to terminate this Agreement with immediate effect if:
- Intellectual Property
- All intellectual property rights in or arising out of or in connection with the Services, including the Comfy Workers Platform (other than intellectual property rights in any materials provided by You) will be owned by Us (and where relevant Our licensors).
- You grant to Us a fully paid up, worldwide, non-exclusive, royalty free licence to use all Property Details and materials that You provide to Us in relation to the Accommodation for the advertisement and promotion of the Accommodation on the Comfy Workers Platform and elsewhere and to modify and adapt the same as We deem appropriate for the purposes of advertising and promoting the Accommodation.
- You warrant and represent that You own all intellectual property rights in any Property Details and materials that You supply to Us and that any use of such Property Details or materials by Us in accordance with this Agreement shall not infringe the intellectual property rights of any third party. For the purpose of this clause 12, intellectual property rights shall include but not be limited to copyright, trademarks (registered or unregistered), brand, design rights, database rights, patents and confidential Information.
- Data Protection
- We will process Your personal data in accordance with Our privacy policy, a copy of which can be viewed at https://www.comfyworkers.com/en/privacy-policy the terms of which are incorporated into this Agreement.
- To the extent that any personal data of guests is shared between You and Us (both acting as data ‘controllers’) in the performance of this Agreement, You and We both agree to:
- use such personal data solely for the purpose of this Agreement, including the booking of and stay at the Accommodation; and
- comply with all applicable obligations placed upon us by the EU retained law version of the General Data Protection Regulation (EU) 2016/679 (UK GDPR) and the Data Protection Act 2018.
- You agree to comply at all times with all applicable obligations placed upon You by the UK GDPR and the Data Protection Act 2018 with regard to your collection and handling of Guest personal data.
- Liability
- Nothing in this Agreement shall limit either party's liability for death or personal injury caused by their negligence or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation or anything else in relation to which it would be unlawful to limit or exclude.
- Subject to clause 14.1, We shall not be liable to You whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Agreement for any loss of profit, savings, use of money, business, goodwill or reputation whether such losses are direct or indirect or for any indirect or consequential loss.
- Subject to clause 14.1, in relation to each Reservation, Our liability shall be limited to the Commission paid to Us in respect of that Reservation. To the extent the liability does not relate to a particular Reservation, Our liability to You shall not in any given year exceed the total Commission paid by You during such year.
- Save as expressly provided, We shall not carry out any checks during the Reservation in relation to the Customers or Guests and shall in no way be responsible or liable for their acts or omissions or for any damage or problem caused during their use of the Accommodation.
- You shall indemnify Us in full for any liability, damages, costs, losses, expenses or other sums incurred by Us in connection with a Reservation or booking.
- Indemnity
- Without prejudice to any other provision in this Agreement, You shall indemnify Us for the full amount of all damages, expenses, losses, compensation, demands, actions, liabilities, fines, costs (including legal costs) which We incur or pay to any Customers, employees, agents and/or representatives and/or any third party (including own legal costs) or authority as a direct result of:
- any breach by You of Your obligations expressed or implied under this Agreement and/or any act(s) and/or default(s) of Your and/or any person(s) provided or used (directly or indirectly) by You;
- any failure by You to reach the standard agreed with Us to include by way of example only any failures or deficiency in the standard of quality of the Accommodation, absence or alteration to the Accommodation or lack of cleanliness, hygiene or safety for any reason for any period, or any other reason whatsoever in connection with this Agreement or use of the Accommodation by a third party; or
- the Accommodation not fulfilling the requirements mentioned in clauses 6.1.1 to 6.1.10.
- The indemnity at clauses 14.5 and 15.1 shall survive the termination of this Agreement for any reason.
- Without prejudice to any other provision in this Agreement, You shall indemnify Us for the full amount of all damages, expenses, losses, compensation, demands, actions, liabilities, fines, costs (including legal costs) which We incur or pay to any Customers, employees, agents and/or representatives and/or any third party (including own legal costs) or authority as a direct result of:
- Insurance
- You shall as a minimum maintain, for the duration of this Agreement (as detailed in clause 4), with a reputable insurance company public liability insurance and building and contents insurance to a minimum of £1 million (or local equivalent), to cover injury and damage to third parties and their belongings whilst in the Accommodation. In both cases the insurer must be notified by You that the Accommodation will be let.
- You will, on Our request, supply Us with evidence of such valid insurance cover.
- Confidentiality
- We each undertake that We will not at any time during the Agreement, and for a period of one year after termination of the Agreement, disclose to any person any Confidential Information concerning one another's business, affairs, customers, Customers or suppliers, except as permitted by clause 17.2.
- We each may disclose the other's Confidential Information:
- to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Agreement. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 17; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- Each of us may only use the other's Confidential Information for the purpose of fulfilling our respective obligations under the Agreement.
- Force Majeure
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Agreement that is caused by any act or event beyond Our reasonable control (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of Our obligations under the Agreement:
- We will contact You as soon as reasonably possible to notify You; and
- Our obligations under the Agreement will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with You after the Event Outside Our Control is over.
- General
- Neither party will do anything or omit to do anything which may damage the reputation or business of the other party.
- We may assign or transfer Our rights and obligations under the Agreement to another entity. You may only assign or transfer Your rights or your obligations under the Agreement to a third party if we agree in writing.
- Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision.
- Each provision of this Agreement is independent and severable from the remaining provisions and enforceable accordingly. If any provision of this Agreement is unenforceable for any reason but would be enforceable if part of the wording of the provision was deleted, it shall apply with such deletions as may be necessary to make it enforceable.
- Any variation of the Agreement only has effect if it is in writing and signed by You and Us (or our respective authorised representatives).
- Nothing within this Agreement is intended, or shall be deemed, to establish any partnership or joint venture relationship between the parties.
- Any all rights (express or implied) conferred upon any third party to this agreement by the Contracts (Rights of Third Parties) Act 1998 are expressly excluded.
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.