Terms & Conditions - Host

Last Updated Date: 25/03/2024

1. General
   1. Stay For Work Limited is incorporated and registered in England and Wales with Company Number 14776280, whose registered office is at Suite 4, Zenith House, Highlands Road, Shirley, Solihull, B90 4PD (shall be referred to as "Stay For Work" or the "Agent").
   2. The Host is the accommodation provider or operator who is entering into this agreement with Stay For Work Limited (shall be referred to as "Host" or "Supplier").
   3. Under these terms and conditions ("agreement"), the Host wishes to use the agency services of Stay For Work Limited to facilitate the sale of the accommodation on behalf of the Host.
   4. By noting its acceptance of this agreement, the Host shall be bound by the terms and conditions set out below.
   5. The term "accommodation" shall be inclusive of but not limited to the following formats serviced apartments, property, company lets, corporate housing, shared houses or HMOs, hotels, aparthotels and temporary accommodation. This shall be used interchangeably and any use shall be inclusive of all other formats unless explicitly stated.
   6. This agreement shall refer to "accommodation" which can be both singular and plural covering an individual property or multiple properties.
2. Definitions
   1. In this agreement, the following defined terms shall have the following meanings:
      Stay For Work platform means the Host portal including all information required to be completed by the Host by way of entries in the building section and the account section and any other data request that the Host is required to complete in relation to accommodation or otherwise;
      Client means any person, firm or company who makes a reservation for or otherwise uses a accommodation pursuant to this agreement;
      Confidential information means any confidential, commercially sensitive or proprietary information of Stay For Work Limited (including but not limited to any information however concerning any clients).
      Property details means all information and materials provided by the Host or obtained by Stay For Work Limited in relation to the accommodations and/or the facilities, services and amenities offered;
      Host terms means the Host's terms and conditions of stay to be adhered to by a client in relation to each reservation;
      Reservation means when a booking has been accepted and confirmed by the Host in accordance with this agreement;
      Accommodation means the Host's accommodation(s) (or any of them) which Stay For Work Limited has agreed to facilitate the sale of, in accordance with this agreement;
      Accommodation fees means the charges for staying at the accommodations (excluding vat and/or other taxes) as agreed between the parties from time to time;
      Website means the website at www.stayforwork.co.uk and any other domain name used by Stay For Work Limited for the promotion of its business.
3. Appointment
   1. By way of this agreement, the Host appoints Stay For Work Limited as its non-exclusive selling agent for the sale and promotion of its accommodation.
   2. Stay For Work Limited accepts the appointment and agrees to promote and sell the services and perform the other obligations set out in this agreement. Stay For Work Limited shall also be permitted to appoint sub-agents for the sale of the arrangements and/or services, should Stay For Work Limited wish to do so, including but not limited to intermediary companies working with Stay For Work Limited and booking accommodations on behalf of business travellers/travel management/relocation management companies.
   3. In the event that the person agreeing this agreement is not the legal and beneficial owner of the accommodations, they warrant and agree that they have the authority to act on behalf of and to bind the owner of the accommodations for the purposes of this agreement.
4. Effective Date and Term
   1. This agreement will commence on the date the Host signals its acceptance of this agreement via Stay For Work Limited's extranet system or by acceptance of a confirmed booking and will continue in full force and effect until terminated in accordance with clause 10.
5. Minimum Standards

   1. The Host warrants that the accommodations shall be provided in accordance with the following and as advertised and stated:

      1. The accommodation is let or rented out on a nightly basis (or as per the minimum stay requirement) in principally the same way as a hotel room.
      2. The accommodation is fully furnished, has a fully functioning and equipped kitchen, or as a minimum a kitchenette, and is serviced.
      3. Service levels must, as a minimum, mean being fully cleaned with a change of all linen and towels at least once per week, 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 booking offer and confirmation.
      4. All utility & service costs except outgoing phone calls must be included in the accommodation fees.
      5. There is no requirement for the accommodation to provide reception facilities or a meet & greet service. A self check-in service is acceptable.
      6. The accommodation shall be provided using all due skill, care and diligence.
      7. The accommodation shall conform to all applicable planning, licensing 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.
   2. The Host shall provide emergency management & maintenance support, via on-site staff or a manned emergency telephone number 24 hours a day, every day of the year.
   3. The Host shall ensure that the accommodations are maintained at all times in a clean, tidy, reasonable and tenantable condition.
6. Host Obligations
   1. The Host agrees to provide the accommodations (and any agreed services or extras) to the clients strictly in accordance with the terms of any reservation.
   2. If the Host fails to provide accommodation in accordance with a reservation then it shall source suitable alternative accommodation of the same or higher standard to the reservation in question. In the event that the fees for the alternative accommodation are higher than the accommodation fees, then the difference will be the sole responsibility of the Host.
   3. All reservations are binding on the Host from the time that the reservation confirmation is submitted in the Stay For Work's platform, or the time the reservation is confirmed by email to the Host. The Host acknowledges that Stay for Work Limited acts as its agent in arranging bookings under the Terms of this Agreement and at the time at which the reservation confirmation is submitted via email or via the platform the host will enter into a contractual relationship with the client.
   4. At the request of Stay for Work Limited the Host shall permit any client to cancel or amend a confirmed reservation, to which Stay For Work limited is not liable for any loss.
   5. The Host agrees to provide full information to Stay For Work Limited in relation to the accommodations including the property details. The Host undertakes that all information, materials and property details that it provides to Stay For Work Limited are accurate, complete and not misleading and that it shall immediately inform Stay For Work Limited of any changes or inaccuracies.
   6. The Host shall keep Stay For Work Limited fully informed of any feedback received from any client regarding the accommodations and inform Stay For Work Limited within one working day of any complaints received.
   7. Neither party will do anything or omit to do anything which may damage the reputation or business of the other party.
   8. The Host shall provide any assistance reasonably required by Stay For Work Limited and further agrees to respond to Stay For Work Limited within the time frame specified by Stay For Work Limited (acting reasonably) of any requests of Stay For Work Limited concerning a client, the accommodation or a reservation.

   9. The Host accepts that Stay For Work Limited makes no warranty that:

      1. The content placed on the website will meet the requirements of the user of the website ("user").
      2. Access to the website will be uninterrupted, timely, secure, or error-free.
   10. The Host agrees to comply with all applicable obligations placed upon it by the General Data Protection Regulation (EU) 2016/679, the Data Protection Act 2018 and as set out in the data sharing agreement in place between the parties.
   11. The Host shall not circumvent the Agent, in which the Agent may be directly or indirectly negatively commercially affected.
       
       The Host agrees not to contact, initiate contact, or attempt to do business with, at any time for any purpose, either directly or indirectly, any guests, bookers, employees, agents or other related parties of the reservation introduced by the Agent for the purpose of circumventing, the result of which shall be to prevent the Agent from realising a profit, fees, or otherwise, without the specific written approval of the Agent. Such approval will be specifically granted in written form by the Agent on a case-by case basis. If such circumvention shall occur, the Host will pay a monetary penalty that is equal to the commission or fee the Agent should have realised in such a transaction, plus any losses the agent incurred on enforcement. To avoid uncertainty or doubt, this includes non-circumvention not only applies to confirmed reservations, but is inclusive of, but not limited to any prospective business opportunity, contact or information directly introduced or disclosed to the Host by the Stay For Work Limited. 6.12. The Host acknowledges that general wear & tear, and maintenance are their responsibility and not treated as a damages. In the event of damages incurred solely from the guests under a reservation with Stay For Work Limited, the Host has 48 hours to inform the agent of these including photo evidence of all items. A further 24 hours is granted to 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 damages for the reservation, unless an agreed extension for further details is granted in writing by Stay For Work Limited. After this point, Stay For Work Limited will aim to facilitate an agreeable resolution between guest and Host, however, in the event of an unsuccessful resolution within 48 hours the Host is granted permission to communicate directly with the guest.
7. Stay For Work Limited's Obligations
   1. Stay For Work Limited shall not be obliged to advertise or promote the Host's accommodations on its website or otherwise.
   2. Following receipt of a booking enquiry or request, Stay For Work Limited shall inform the Host of the same unless, in its sole discretion, Stay For Work Limited considers the accommodation inappropriate for the client's needs.
   3. Stay For Work Limited provides no guarantee or warranty as to the number of reservations that it may facilitate.
8. Accommodation fees and terms and conditions of stay
   1. Stay For Work Limited agrees that when processing a booking it will provide the client with a copy of the Host terms, before the booking is confirmed by the Host.
   2. A copy of the Host terms must be provided to Stay For Work Limited immediately upon entering into this agreement and, thereafter, at any time within one working day of a request from Stay For Work Limited for the same. In the event of terms not being provided default guest terms and conditions will be provided.
   3. If required, deposits shall be taken from the guest and held by Stay For Work Limited. Any deposit funds shall only be released to the Host upon a settlement of any evidenced damages and not as part of a holding deposit. To avoid doubt, whilst the guest is liable for any deposit amount or damage claim, during an active booking Stay For Work Limited will temporarily cover a liability up to the value of listed deposit.
   4. The Host shall provide Stay For Work Limited 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 Stay For Work Limited no later than 30th November of the preceding year.
   5. Any amendment to the list of accommodation fees during the year must be notified by the Host to Stay For Work Limited with at least 30 days' written notice. Stay For Work Limited shall update the accommodation fees in its reservation system and website within 14 days of receipt of the same.
   6. Accommodation fees should be provided inclusive of commission but net of taxes. All taxes that apply must be clearly stated on the list of accommodation fees.
   7. If the accommodation is located in the United Kingdom, it is expected that the Host will apply the reduced rate of VAT from the 29th consecutive night onwards. If the Host wishes to apply a different VAT policy, this must be clearly explained in writing when the accommodation fees are provided.
   8. Hosts will have the opportunity to set their pricing on each booking prior to guest confirmation.
9. Payment
   1. The commission shall be payable by the Host to Stay For Work Limited on the accommodation fees and also on cancellation fees and no show fees in relation to all reservations for the accommodation facilitated by Stay For Work Limited. The commission shall be paid in line with the percentage rate agreed between Stay For Work Limited and the Host, which is shown prior to booking confirmation and which may change from time to time.
   2. Hosts will be paid their booking fee minus commission. All fees will be clearly visible on each accommodation offer prior to Hosts confirming the booking.
   3. In the event that any difference of accommodation fees between what the guest pays and Host receives after commission shall be invoiced by Stay For Work Limited.
   4. Stay For Work Limited shall be entitled to deduct the commission from the payment of accommodation fees made to the Host for each reservation (or shall otherwise invoice the Host if a deduction cannot be made for any reason). Upon request, Stay For Work Limited will provide a VAT receipt in respect of the commission to the Host for their records (if applicable). Stay For Work Limited will issue the receipt within 7 days of processing payment of the accommodation fees.
   5. Where possible, Stay For Work Limited agrees to forward payment prior to guest arrival and check in.
   6. If a client confirms a reservation for accommodation, Stay For Work Limited shall facilitate and receive payment from the client of the accommodation fees on behalf of the Host.
   7. The Host shall send all client invoices to Stay For Work Limited, marked for the attention of the client (with relevant booking number if contact details are not available) but "care of" Stay For Work Limited in accordance with the EU TOMS regulations, in respect of a reservation at the agreed time, taking into account the dates for which the reservation is made.
   8. For reservations of 14 nights or less, Stay For Work Limited will pay the whole amount in one transaction. Invoices should be issued to Stay For Work Limited on the day that the reservation is made for payment (this can either be immediate or under credit terms arranged between Stay For Work Limited and the Host).
   9. For reservations of 15 nights or more nights, Stay For Work Limited will a minimum of two weeks initially upfront and the balance fortnightly basis thereafter. In some instances, this may be four-weekly or monthly Invoices that should be issued to Stay For Work Limited on the day that the reservation is made for the first period nights and then on the agreed cadence thereafter. Information can be visible on payment schedules within the booking area.
   10. Stay For Work Limited will forward the accommodation fees (less commission) received from the client directly to the Host's nominated bank account, or by other agreed method.
   11. Stay For Work Limited acts as a "disclosed agent" for the purposes of the EU TOMS legislation. In order for the client to be able to recover VAT on the accommodation fees, Stay For Work Limited must act formally as a 'disclosed agent' in order to stay out of the TOMS. Stay For Work Limited will require the Host to issue their invoices in a compliant format.
10. Termination & Effect of Termination
    1. Either party shall, by giving notice in writing to the other, be entitled to terminate this agreement with immediate effect:
       1. 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 14 days of receiving written notice to do so by the other party;
       2. if 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.
    2. Either party shall be entitled to terminate the agreement without cause by giving not less than 30 days' notice in writing to the other party.
    3. 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.
    4. In the event of termination, the Host shall immediately return or destroy all of Stay For Work Limited's confidential information.
11. Intellectual Property
    1. The Host grants Stay For Work Limited a licence to use all property details and materials that it provides to Stay For Work Limited in relation to the accommodations for the advertisement and promotion of the accommodations on the website and elsewhere and Stay For Work Limited may modify or adapt the same as it deems appropriate for the purposes of advertising and promoting the accommodations, but will not falsify or misconstrue in any way.
    2. The Host warrants that it owns all intellectual property rights in any property details and materials that it supplies to Stay For Work Limited and that any use of such property details or materials by Stay For Work Limited in accordance with this agreement shall not infringe the intellectual property rights of any third party. For the purpose of this clause 11, intellectual property rights shall include but not be limited to copyright, trademarks (registered or unregistered), brand, design rights, database rights, patents or confidential information.
    3. The Host agrees that all intellectual property rights in Stay For Work Limited's website shall at all times remain vested in Stay For Work Limited (and where relevant its licensors).
12. Liability
    1. 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 anything else in relation to which it would be unlawful for them to limit or exclude.
    2. Subject to clause 12.1, Stay For Work Limited shall not be liable to the Host for any indirect or consequential loss or for any loss of profit, savings, use of money, business, goodwill or reputation whether such losses are direct or indirect.
    3. Subject to clause 12.1, in relation to each reservation Stay For Work Limited's liability shall be limited to the commission paid to Stay For Work Limited in respect of that reservation. To the extent the liability does not relate to a particular reservation, Stay For Work Limited's liability to the Host shall not in any given year exceed the total commission paid by the Host during such year.
    4. Stay For Work Limited shall not carry out any checks during the reservation in relation to the clients 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.
    5. The Host indemnifies Stay For Work Limited for any liability on damages, loss of earnings and expenses associated with a reservation or booking
13. Indemnity
    1. Without prejudice to any other provision in this agreement, the Host hereby agrees to indemnify Stay For Work Limited for the full amount of all damages, expenses, losses, compensation, demands, actions, liabilities, fines, costs (including legal costs) which Stay For Work Limited incurs or pays to any clients, employees, agents and/or representatives and/or any third party (including own legal costs) or authority as a direct result of:
       1. Any breach by the Host of their obligations expressed or implied under this agreement and/or any act(s) and/or default(s) of the Host and/or any person(s) provided or used (directly or indirectly) by the Host; or
       2. Any failure of the Host to reach the standard agreed with Stay For Work Limited to include by way of example and by no way of limitation, any failures or deficiency in the standard of quality of the accommodation provided, 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.
    2. This indemnity shall survive the termination of this agreement for any reason.
14. Insurance
    1. The Host shall as a minimum maintain, for the duration of this agreement (as detailed in clause 4), with a reputable insurance company public liability insurance, to a minimum of £1 million (or local equivalent), to cover injury and damage to third parties on their premises. The responsibility of insuring contents and building lies with the Host. In both cases the insurer must be notified by the Host that the premises will be let.
    2. The Host will, on Stay For Work Limited's request, supply Stay For Work Limited with evidence of such valid insurance cover.
15. Force Majeure
    1. Neither party shall be liable to the other for any contractual default which they could not foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our or the Host(s) concerned control ("force majeure"). Regulation from the foreign office to avoid or leave a particular country may constitute force majeure.
16. General
    1. In the event of any change of ownership of the business of the Host, the Host shall notify Stay For Work Limited of this immediately and shall, with Stay For Work Limited's prior consent, transfer its obligations under this agreement to the new owner. Should Stay For Work Limited not consent to the transfer, Stay For Work Limited shall be entitled to immediately terminate the agreement upon giving written notice to the Host, without liability.
    2. 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.
    3. This agreement constitutes the entire agreement between Stay For Work Limited and the Host and supersedes any prior written or oral agreement in relation to its subject matter. The Host acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Stay For Work Limited which is not set out in this agreement.
    4. 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.
    5. 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.
    6. Nothing within this agreement is intended, or shall be deemed, to establish any partnership or joint venture relationship between the parties.
    7. The Host shall keep in strict confidence all confidential information which has been disclosed to the Host by Stay For Work Limited, its employees, agents or subcontractors, and any other confidential information concerning Stay For Work Limited's business or its services which the Host may obtain.
    8. 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.
    9. 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.