“GUEST READY” HOST TERMS AND CONDITIONS
Flying Jamon Ltd. (“Hostmaker.com”) provides value-added services to host and guests.
These terms and conditions (“Host Terms”) apply to your registration as a “Host” with Hostmaker (“we” or “us”) and to any and all services which we supply to you, as a Hostmaker registered customer (“Customer”). Your registration with Hostmaker is conditional on your agreement to these Host Terms in full.
In these Host Terms, Customers who are acting in their capacity as hosts (who are allowing their property to be occupied by Guests) will be referred to as “Hosts” and individuals who are acting as guests at such property will be referred to as “Guests”. For the avoidance of doubt these Host Terms shall not apply to the Hosts who will be subject to the Hands-Off Terms (and who are defined therein) and/or the other agreements relating to full-time management of a listing.
We provide services to you, the Host, in order to ensure that the property you make available for occupancy by Guests (“Property”) is “guest ready”. Our Guest-Ready Services (as defined below) are provided to you in order to complement your booking made with an Approved Booking Supplier (as defined below in clause 3.2) (“Booking”) for the occupation of the Property by a Guest.
We may amend these Host Terms at any time by posting the amended terms on the website hostmaker.com (“Site”). All amended terms will automatically take effect immediately on posting. Please check these Host Terms periodically to inform yourself of any changes. In continuing to use the Site and/or our Guest-Ready Services you confirm that you accept the then current Host Terms in full at the time you use the Site and/or our Guest-Ready Services.
Subject to the receipt of a valid Service Request (defined below) we agree to provide any or all of the following services to you as requested by you, the Host, with reasonable skill and care and in accordance with these Host Terms (“Guest-Ready Services”):
House-Keeping Services (as set out in Appendix A).
Linen Services (as set out in Appendix B).
Check-in Services (as set out in Appendix C)
A request for the receipt of any of the above Guest-Ready Services can be made by you on the Site or by contacting us on +39 0694803917 or by email at our Hostmaker email addresses (“Service Request”).
A Service Request shall be submitted by a Host at least 48 hours in advance of the intended time of service failing which extra charges shall apply as specified on the Pricing page of the Hostmaker website.
We shall endeavour to respond to your Service Request(s) within 48 hours of receipt of the same.
We are entitled to appoint sub-contractors to provide any and all of the Guest-Ready Services to you (“Third Party Suppliers”) and the terms and conditions of such third party services shall apply to the relevant services in addition to these Host Terms.
In order to allow us to provide the Guest-Ready Services set out in these Host Terms you agree that you will:
provide us with complete, accurate and timely information about the Property, the Guest and other information reasonably requested by us or which you consider relevant for provision of the relevant Guest-Ready Services, at all times;
liaise and cooperate fully with us in the provision of the Guest-Ready Services and the delivery to us of (a copy of) the keys to the Property;
respond to any requests which may be made by us;
comply with the provisions of Appendices A – D to these Host Terms;
pay our fees and costs as per paragraph 4 below; and
not, at any time during or following the provision of the Guest-Ready Services, directly or indirectly solicit or entice away (or attempt to solicit or entice away) any employees or contractors of Hostmaker, including our cleaners, from our employment or engagement.
Where a discount is provided to a host upon sign-up, the following terms and conditions apply:
Following the host signing the contract, the host will provide Hostmaker with all necessary support and information in order for Hostmaker to list the property within 7 business days of contract signing. Relevant information includes but is not limited to the host presenting the property in an acceptable condition for marketing on Airbnb, allowing Hostmaker to schedule and complete professional photography, receiving the required sets of keys for the property and host completion of the property manual.
There will be one discount per property.
To receive the discount, the host will make a request to Hostmaker in written format.
Hostmaker reserves the right to decide whether a host enquiry is valid in determining whether a discount will be provided.
By agreeing to these Host Terms you warrant that you are a registered Host with a booking services supplier which is either Airbnb, Housetrip, Flatclub, Wimdu, Nine Flats or another supplier approved by us in writing (“Approved Booking Supplier”) and have a confirmed Booking.
You understand and agree that Hostmaker does not act as an insurer and that you shall obtain the appropriate insurance for the Property and its contents.
You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses including (without limitation) reasonable legal fees, arising out of, or in connection with, any breach by you of these Host Terms or the terms of any agreement you may have in place with the Approved Booking Supplier from time to time.
Charges and Payment
Details of our current charges for our Guest-Ready Services (“Charges”) are set out in Appendix E or as otherwise agreed with you.
We will render invoices to you in respect of each Service Request (and the related Guest-Ready Services) and such invoices may include services provided by Third Party Suppliers. The Charges shall be payable immediately upon receipt of the invoice and in any event prior to the relevant Guest Ready Service, in to the bank details specified therein. We reserve the right to cancel a Guest Ready Service if we do not receive payment prior to commencement of that service.
When you make a Booking you may also agree with the Approved Booking Supplier that they supply certain guest services to you and/or your Guest(s) (“Guest Services”). The provision of Guest Services shall be governed by the Approved Booking Supplier’s terms and conditions and any fees payable for such services shall be included in the accommodation fees quoted by the Approved Booking Supplier.
For the avoidance of doubt you will not be entitled to withhold by way of set-off, deduction or counterclaim any amounts which you owe to the Approved Booking Supplier against any amounts that you owe to us or vice versa.
The cancellation or termination of a Booking by you or the Approved Booking Supplier shall in no way release you from your obligation to pay our Charges in respect of our Guest-Ready Services in accordance with these Host Terms.
Termination / Cancellation
If your Hostmaker account is terminated for any reason in accordance with the Website Terms, the agreement between you and us set out in these Host Terms shall immediately terminate.
Upon termination of your Hostmaker account we will cease to provide our Guest-Ready Services to you with immediate effect.
The Charges for our Guest-Ready Services provided up until the date of termination shall become payable immediately following termination and receipt of our final invoice.
You agree to pay interest on any amount payable under these Host Terms and not paid on the due date, for the period from the due date to the date of payment at a rate equal to 4% above the Bank of England base rate from time to time.
You may withdraw a Service Request and cancel the relevant Guest-Ready Services up to 48 hours before commencement of such services (“Cancelled Services”). Any Charges already paid in respect of Cancelled Services shall be refunded to you. For the avoidance of doubt, we shall not refund any charges already paid in respect of any Guest-Ready Services that are cancelled less than 48 hours before they are due to commence but such charges shall be credited towards your account for the next Guest Ready Services that you request.
You agree that our liability in respect of any loss under these Host Terms will be limited in accordance with the terms and conditions set forth herein.
We do not have the authority to form a binding agreement between you and a Guest for the occupation of the Property. You will contract directly with a Guest and we will not be liable in respect of any matter arising which relates to a Booking between you, as Host, and a Guest. Nor will we be liable in respect of any matter arising between you, as Host, a Guest and/or an Approved Booking Supplier.
We will not be liable for the provision of services by third parties (including Third Party Suppliers) nor will we be liable if any Guest-Ready Services requested by you are unavailable.
We will not be liable to you or be deemed to be in breach of these Host Terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as shortages, unavailability, overbooking, severe weather, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar occurrences.
In no event shall we be liable for exemplary, incidental, indirect, special or consequential damages or for any business, financial or economic loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising out of or resulting from these Host Terms (even if we have been advised of the possibility thereof) and whether such loss arises as a result of negligence, breach of contract, tort or otherwise by us or any agent, employee or third party providing services on our behalf (including a Third Party Supplier) except to the extent the foregoing limitation is prohibited by applicable law.
Notwithstanding anything to the contrary herein, subject to any exceptions set forth in applicable law, our liability for all losses, damages, and other liabilities relating to or arising out of these Host Terms and the Guest-Ready Services provided hereunder (including, without limitation, with respect to property damage, damage to valuable or fragile items at the Property, personal injury, death) will be limited to the cost of obtaining replacement services or the amount of the Charges payable by you for our Guest-Ready Services within the 12 (twelve) months up to the date on which the liability is calculated, whichever is the higher amount.
You agree that by giving keys to your Property to Hostmaker, you are allowing access to each of Hostmaker’s employees, contractors and agents access to your Property.
Each of the parties hereto warrants that it has the power to enter into the agreement set out in these Host Terms and has obtained all necessary approvals to do so.
The relationship between you and us is that of an independent contractor. We shall not be, act as, purport to act as, or be deemed to be, the agent, employee or partner of you as to any matter. No partnership, joint venture, association, alliance, or other fiduciary, employee/employer, principal/agent or other relationship other than that of independent contractor shall be created by these Host Terms, express or implied.
The parties agree that these Host Terms are fair and reasonable. However, if any provision of these Host Terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording was deleted, then such provision shall apply with such deletions as may be necessary to make it valid and the remaining provisions shall remain in full force and effect and these Host Terms shall be enforced in such manner as carries out as closely as possible the intent of the parties hereto.
No failure or delay by us in exercising any right or remedy provided by law or under these Host Terms and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.
These Host Terms are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
Appendix A - Housekeeping Services
Appendix B - Linen Services
Appendix C - Check-in Services