Terms & conditions
1.2. In this Agreement, you includes anyone acting on your behalf or with your express or implied authority.2. Our obligations
2.1. Quirky Apartments shall provide you with:
- (a) Services substantially in accordance with the Schedule.
- (b) customer support services during Business Hours in accordance with the Quirky Apartments Support Services Policy in effect at the time the Services are provided.
2.2. In the event Quirky Apartments fails to provide the Services in accordance with clause 3.1, Quirky Apartments will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 3.1
3. Your obligations
3.1. To access and use the Quirky Apartments Holiday Let Management service you must:
- (a) register as an Airbnb Member and agree with Airbnb to rent your Property to Guests for at least 1 calendar week at a time using the OTA's Platform.
- (b) carry out all of your responsibilities as set out in Airbnb’s Terms of Service or any other access or registration requirements of Airbnb.
- (c) provide Quirky Apartments with all necessary co-operation and information and access to your Property to provide the Quirky Apartments Holiday Let Management service.
- (d) ensure that all information, photographs and any other listing information is true, accurate and not misleading.
- (e) carry out all of your responsibilities set out in this Agreement in a timely and efficient manner.
This Agreement commences on the Commencement Date and, unless otherwise terminated as provided in this clause 11, shall continue for the Term set out in the Schedule and, thereafter, this Agreement shall be automatically renewed for successive periods equal to the Term stated in the Schedule, unless: (a) either party notifies the other party of termination, in writing, at least 30 days before the end of the then current term, in which case this Agreement shall terminate upon the expiry of the then current term; or (b) otherwise terminated in accordance with the provisions of this Agreement.
5. Fees and payment
5.1. You must pay 19% of your booking fee (plus VAT where relevant) plus cleaning fees to be set by us on Airbnb to us for the provision of the Quirky Apartments Holiday Let Management service. All Fees and quotations are in British Pounds unless stated otherwise. The Fees are payable within fourteen (14) days of the invoice date unless specified otherwise or otherwise agreed in writing.
5.2. If you fail to pay to Quirky Apartments by the due date, without limiting any other remedies available to us at law, Quirky Apartments may, at our sole discretion, either:
- (a) charge interest on all outstanding Fees, charged at an interest rate of 1.25% per month (15% per annum); or
- (b) suspend or defer performance of the Services or access to the Quirky Apartments Holiday Let Management service until all outstanding Fees and other charges (including interest) are paid in full.
5.3. You will pay Quirky Apartments all costs and expenses incurred in recovering any outstanding Fees (including interest), legal costs or other expenses incurred by Quirky Apartments in relation to mercantile or collections agents. In the event that you cancel a booking for whatever reason, you must pay a Cancellation Fee in accordance with our Cancellation Policy. The parties agree that any such Cancellation Fees are a reasonable pre-estimate of Quirky Apartments’s loss in the event you cancel, albeit that such pre-estimate may not prove to be an accurate reflection of the true loss suffered by Quirky Apartments in any particular case.
1. Quirky Apartments does not guarantee the suitability, reputation, credibility, reliability or creditwothiness of Guests (potential or actual, as the context permits). You acknowledge that introductions to Guests are made based on various factors, including information provided to Quirky Apartments by you, Airbnb or the Guest (or any of their referees, agents or representatives) and Quirky Apartments is not responsible for any errors, omissions or incorrect conclusions as a result of this information being incorrect or inaccurate, nor any reliance therefrom. Quirky Apartments will take reasonable steps to ensure that the details provided in relation to the Guest are correct and accurate.
2. No warranty is given and Quirky Apartments will not be liable for:
- (a) acts and omissions of any person (including any Guest and any person the Guest invites to the Property) who resides at, visits, occupies, uses, rents, licences, lets or are otherwise present at, or deals with, the Property.
- (b) the availability, continuity, reliability, accuracy, currency or security of the OTA's Platform or Airbnb.
- (c) the suitability of the Quirky Apartments Holiday Let Management service or any Services for any particular purpose or use under specific conditions.
- (d) the collection of booking fees or any other fees or charges payable by a Guest or anyone else to you. You or any collection agency you engage are responsible for the collection of any and all booking fees or any other fees or charges payable to you by a Guest or Airbnb. We will not be a party to or in any way be responsible for any transaction between you and the Guest, or between you and Airbnb.
- (e) the suitability of any Guest or third party to rent, occupy, visit or attend the Property.
- (f) damage or loss caused to the Property or any chattels, goods, fixtures or fittings, or arising from personal injury or death of any person (including any Guest and any person the Guest invites to the Property) who resides at, visits, occupies, uses, rents, licences, lets or are otherwise present at, or deals with, the Property.
- (g) the suitability or use of any Airbnb or third party materials, information, goods or services, which may be purchased, advertised or obtained in connection with the Services.
- (h) any loss or damage caused by Force Majeure as set out in clause 13.
- (i) any loss or damage arising out of or in connection with your failure to obtain the necessary licences, rights, permissions, approvals, permits and consents (including those required in order to rent the Property) from any third party, such as a mortgagee, licensor, landlord, owner or similar.
3. any loss, damage or injury arising of out any conduct, statement, representation, act or omission made by you (or on your behalf) to a Guest, potential Guest or third party regarding the Quirky Apartments Tool, the Services, the OTA's Platform or the Property.You warrant, acknowledge and agree that:
- (a) to access and use the Services you must be an Airbnb Member and use the OTA's Platform.
- (b) Quirky Apartments is not an agent, employee, agent, servant, officer, director or shareholder or related entity of Airbnb or any Guest. Quirky Apartments is not a party to any agreement entered into between you, Airbnb or any Guest for the rental of your Property.
- (c) Your use of the Quirky Apartments Holiday Let Management service or Services has not been made on the basis of any representations made by Quirky Apartments regarding future features or functionality of the MyProperty Host Tool or Services or the likelihood of finding a Guest for your Property.
- (d) you have all necessary licences, rights, permissions, and consents to rent the Property to the Guest (including without limitation from any landlord, owner, mortgagor, licensor or similar) and to grant Quirky Apartments access to the Property for the purpose of providing the Services.
- (e) you have the right to post, publish and reproduce listing information, photographs, images and Content (and all Intellectual Property Rights contained therein) of the Property on Airbnb Platform (and to grant us the right to post, publish and reproduce the foregoing).
- (f) you have the right to receive rental income or payments from the Guest (without the requirement to account such payments to any third party).
- (g) you will be liable for any insurance premiums, Taxes, utilities or any other charges or fees associated with the Property or the rental of the Property.
- (h) all the information and Content provided by you is true, accurate, complete and up to date. You agree to maintain the currency of that information and Content by updating us promptly after you become aware of any change.
- (i) you have the full power and authority to enter into this Agreement and perform your obligations contemplated by this Agreement and in doing so you will not breach any third party rights.
- (j) you will comply with all applicable laws, rules and regulations.
7. Third Party Providers
1. You acknowledge that the Services may enable, assist or facilitate you to use or access Third Party Products and the OTA's Platform and that you do so solely at your own risk.
2. Quirky Apartments makes no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of any such Third Party Products and the OTA's Platform, or any transactions completed, and any contract entered into by you, with the owner, licensor or operator of such Third Party Products or the OTA's Platform.
4. Quirky Apartments does not endorse, sponsor or approve any Third Party Products or services made available via the Services or the OTA's Platform. It is your sole responsibility to determine that specific products or services, introduced or used by you, meet your individual needs and/or are suitable for the purposes for which they are used.
5. Any rights you may have to access Third Party Products or the OTA's Platform shall be limited to:
- (a) the extent of Quirky Apartments’s ability to pass on such rights to you; or
- (b) the relevant third party licensor terms.
8. Confidential information
1. Save as required by law, all information supplied by us in relation to Quirky Apartments, the Quirky Apartments Holiday Let Management service, the Fees, the Services or any other terms of this Agreement is confidential and must not be disclosed by you to a third party (except your professional advisors) without our written consent. This includes, without limitation, information provided to you in any form (including written and electronic) and by any means (including during any conversations with you). Upon the expiry or termination of this Agreement, such confidential information must either be destroyed or returned to us, as directed by us.
9. Intellectual property
1. Using the Quirky Apartments Holiday Let Management service or Services does not give you ownership of, or any Intellectual Property Rights to, the Quirky Apartments Holiday Let Management service or any information, Content or technology that may be provided to, or accessed by, you in connection with your use of the Quirky Apartments Holiday Let Management service or Services, all of which is owned by Quirky Apartments or our licensors.
2. Unless otherwise agreed to in writing by the parties, all Intellectual Property Rights discovered, developed or otherwise coming into existence as a result of, for the purposes of, or in connection with the Quirky Apartments Holiday Let Management service or the performance of the Services will vest in, and are assigned to, Quirky Apartments.
3. You will remain the owner of your Content, subject to a royalty-free, transferable, worldwide and perpetual licence for Quirky Apartments to use and sub-license any Content you make available to us (and all Intellectual Property Rights contained therein) to perform the Services or any ancillary services, including, without limitation, for marketing purposes.
4. You agree not to submit Content or any information through the OTA's Platform unless you have the rights to do so and we do not undertake any pre-screening of such Content.
1. In addition to any other termination right available in this Agreement or at law, Quirky Apartments may terminate this Agreement immediately by notice in writing if:
- (a) you are in breach of any term of this Agreement and such breach is not remedied within 5 days after receiving noticing requiring it to do so; or
- (b) you are in breach of any term of this Agreement and such breach is not capable of remedy.
2. Quirky Apartments may terminate this Agreement for convenience at any time by giving you 45 days’ notice in writing, except that termination of this Agreement shall not release you from any obligation which has accrued as of the date of termination.
3. This Agreement will automatically terminate if you are no longer an Airbnb Member for whatever reason, except that termination of this Agreement shall not release you from any obligation which has accrued as of the date of termination, including, without limitation, your obligation to pay the Fees.
4. Upon termination or expiry of this Agreement for any reason:
- (a) you must return to us all confidential information, or if not capable of return destroy it and certify in writing its destruction to us.
- (b) you must pay within 14 days any outstanding Fees and charges that are due to Quirky Apartments under this Agreement.
5. Termination of this Agreement will not affect any provision of this Agreement which is expressly or by implication intended to come into force or continue on or after the termination including this clause.
11. Limitation of liability and indemnities
1. To the maximum extent permitted by law, Quirky Apartments excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision of the Services or the Quirky Apartments Holiday Let Management service.
2. To the fullest extent permitted by law, Quirky Apartments will not be liable to you, any Guest or any third party for:
(a) indirect, consequential, incidental, special or exemplary damages, expenses, losses or liabilities; or
(b) loss of profits, business interruption, loss of revenue, economic loss, loss of goodwill, loss of data, downtime costs, loss of use, failure to realise anticipated savings, loss of opportunity or expectation loss or loss of production; or
(c) loss of or damage to any property, chattels or goods belonging to you or any third party or any personal injury or death, arising out of, relating to or connected to the provision or use of the Services, the Quirky Apartments Holiday Let Management service and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring, including without limitation, the cost of any good or services purchased from Quirky Apartments as a result of using the Services, the Quirky Apartments Holiday Let Management service or the OTA's Platform.
3. To the extent that Quirky Apartments liability cannot be or is not otherwise limited according to this clause 12, under no circumstances will Quirky Apartments’s aggregate liability whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Fees paid by you in the last 2 months to Quirky Apartments under this Agreement in relation to the Property (that is the subject of the liability in question).
4. You agree to defend, indemnify and hold Quirky Apartments and its Personnel harmless from and against any and all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against Quirky Apartments or which Quirky Apartments may pay, sustain or incur as a direct or indirect result of or arising out of any:
- (a) breach or non-performance by you of any of your obligations under this Agreement;
- (b) you, any Guests or any third party’s negligent, wilful or wrongful acts or omissions;
- (c) loss of or damage to the Property, chattels or goods belonging to you or any third party or any personal injury or death arising out of or in connection with this Agreement;
- (d) actual or alleged breach committed by you (or arising as a result of your act or omission) of any mortgage, lease, sub-lease, license, insurance policy or similar, associated or ancillary instrument or document in relation to the Property;
- (e) actual or alleged breach by you of a third party’s Intellectual Property Rights; or
- (f) actual or alleged breach by you of any law including any applicable privacy laws.
5. Each indemnity in the Agreement is a continuing obligation separate and independent from your other obligations
12. Force majeure
1. Quirky Apartments shall have no liability to you under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default by or act or omission of a third party such as Airbnb, hosting or data centre providers or other suppliers or sub-contractors.
1. The Agreement contains the entire understanding between the parties concerning the subject matter of the Agreement and supersedes all prior communications. You acknowledge that you have not relied on any representations made by Quirky Apartments which are not set out in this Agreement and to the extent permitted by law.
2. This Agreement cannot be amended or varied except in writing signed by both parties. You must not assign or otherwise deal with its rights or obligations under this Agreement without Quirky Apartments’s prior written consent.
3. If the whole or any part of any clause of this Agreement is illegal or unenforceable, that part or whole of that clause will be severed and will not affect the continued operation of the remaining provisions.
4. If there are any inconsistencies between the terms contained in this Agreement and the Schedule, the terms of the Schedule will prevail to the extent of the inconsistency.
5. Nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, or any other form of association between the parties in which one party may be liable for the acts or omissions of any other party. You do not have the authority to incur any obligation or make any representation or warranty on our behalf, or to pledge our credit. We are mere facilitators in procuring an opportunity for you to let your property on Airbnb and you do so at your own risk. For the avoidance of doubt, you recognise that we are not Airbnb, nor are we affiliated with or endorsed or sponsored by Airbnb. Further, we reserve the right to sub-contract any of our obligations to subcontractors.
1. In this Agreement, unless the context otherwise requires:
‘Airbnb’ means Airbnb Inc., Airbnb Payments Inc, Airbnb Payments UK Limited or any other Airbnb entity or company providing the OTA's Platform.
‘Airbnb Platform’ means the website, applications and services that facilitate the listing and booking of properties for rent via the OTA's website located at www.airbnb.com.
‘Airbnb Member’ means a person who has registered and created an account with Airbnb in accordance with its terms and conditions and any registration requirements.
‘Business Days’ means each day excluding Saturdays, Sundays and Bank Holidays in the United Kingdom.
‘Business Hours’ means 9:30am to 5:30pm on Business Days.
‘Content’ means all content, text, emails, files, names, artwork, graphics, video, reports, policies, or other information or materials downloaded, uploaded, sent or received.
‘Fees’ means the fees that Quirky Apartments charges for the provision of the Quirky Apartments Holiday Let Management service and the Services as set out in the Schedule.
‘Guest’ means a person who has booked and rented your Property via the OTA's Platform (and who is an Airbnb Member) via a facilitation through the Quirky Apartments Holiday Let Management service (or who proposes to do so, as the context permits). ‘Intellectual Property Rights’ means any intellectual or industrial property rights that have been or may be created or developed, whether or not registered or registrable, including without limitation a patent, trade mark or service mark, copyright, visual image, performance, recording or broadcast, registered design, business name, trade secret, confidential information (including the confidential information), or database or list of information.
‘Quirky Apartments Holiday Let Management service’ means the tool provided by us to facilitate your short and long term Airbnb let, including the provision of Services and access to the Website.
‘Personnel’ includes any officer, employee, agent, contractor, sub-contractor or consultant of Quirky Apartments.
‘Property’ means the property that you have listed as available to be rented via the OTA's Platform.
‘Services’ means the services to be performed by Quirky Apartments under this Agreement as set out in the Schedule.
‘Taxes’ means any sales taxes, value added taxes, goods and services taxes, transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes or other fees that Quirky Apartments may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
‘Third Party Products’ means software, products, services or content (including all Intellectual Property Rights contained therein) that:
- (a) are provided by third parties;
- (b) interoperate with the Services, the Quirky Apartments Holiday Let Management service or the OTA's Platform; or
- (c) may be identified as third party products. ‘Website’ means the Quirky Apartments website located at www.quirkyapartments.co.uk/ or any other internet site notified by Quirky Apartments from time to time.