a The headings in this agreement are for convenience only and shall not affect its interpretation. b Windrush is part of “Windrush Trading Limited” and are the “agent” in this agreement.
c The leaseholder(s), owner(s) or manager(s) of the property are known here as the “owner”
d The “customer” means a client(s) who has been enrolled or introduced to the property via the agent.
2 The Agent’s Duties
a Where appropriate to pay in sterling less commission and expenses, as stated in the schedule no later than 7 days after the arrival date.
b To represent the owner.
c Advertising and general marketing in anyway the agent considers suitable and viable.
d If applicable to collect monies from customers.
e Find a suitable customer for a short, medium or long term let.
f Taking damages/breakages monies, as a cheque/cash/credit card details etc (not cashed unless needed), from the customer, held by the agent on behalf of the owner until the end of the let, where appropriate.
g The agent will notify either the owner or the delegated representative, or by a common availability chart, provisional and paid bookings so they can prepare the property for let etc. This will not happen if the agent is managing the property.
h Entitled to provide similar services for other owner’s properties etc.
i This agreement does not ensure the property will be let although it is in the interest of the agent to do so. No performance targets can be given and no liability for poor letting can be held against the agent.
3 Owner’s Duties
a The property must be correctly insured.
b To ensure the property is very clean and tidy with enough equipment for the maximum number of people allowed.
c Define the days available to be let by the agent and keep them updated.
d To abide by any local or national regulations that are applicable.
e Expect general wear and tear of items in the property including the occasional broken or damaged item.
f We agree that we are responsible for our property and are letting it to the customer supplied by the agent.
g We agree not to pass the customer details to a third party.
h Any changes to the property or personal details must be notified to the agent as soon as possible.
i Accept all bookings arranged by the agent in accordance with this agreement.
j Comply with all the applicable local and national laws and regulations relating to the nature of letting the property.
k They shall indemnify the agent against any liability all costs and expenses which may reasonably incur in defending any proceedings which may occur by reason only of its being the owner’s agent.
l Ensure letting conditions are in accordance with the terms of the property lease or ownership.
m As suggested by law any electrical or gas appliance in the property should be supplied with safety information and instructions (instruction book covers all of this).
4 ^ Vouchers
a Voucher numbers can be issued by the agent to allow owners to give out to family or friends etc. Percentage discounts of up to 20% on accommodation only can be given them so they can just go to our website or give us a call to book quoting the full voucher number.
5 VAT, Tax, Insurance and TV Licence
a TV Licence may differ from country to country so please be aware of the local regulations.
b At present the agent does not pay VAT but if there comes a time when the agent did so this would be added to the commission and expenses paid to the agent. Any other requirements needed by any VAT regulations at the time would come into effect.
c The owner shall be responsible for the property being adequately insured for holiday letting.
d Payment of any local tax, ground rent or other services/charges will be the responsibility of the owner.
e If the property is in the UK and the owner is living outside the UK (anyone living abroad for at least 6 months per any 12 months is classed as non resident) then the agent must deduct 20% for tax (or whatever is required) (agent will add
10% administration) unless the owner applies and the agent receives a tax exemption letter from HMRC. Use form NRL1 from www.hmrc.gov.uk. There will be a 2.5hr charge (see schedule) for administration with or without this letter as reports are sent to HMRC.
a Restricted information to be determined as an addendum to this agreement and signed by both parties.
a The agent or owner may terminate this agreement at any time on one months written notice.
c The owner and agent are signing this agreement for the whole season/year.
d All bookings confirmed to the agent prior to termination must be honoured.
a Any waiver by either party of any breach of this agreement or indulgence granted by either party to either party shall not affect the enforcement of any rights by either party or be construed as a waiver of any further breach.
a Any variation to this agreement whatsoever must be made in writing and signed by both parties.
a Any dispute arising out of or in connection with this agreement shall be referred to an arbitrator appointed by agreement between the parties.
b This agreement shall be governed by and construed in all respects in accordance with the Laws of England, and all parties hereby submit to the non-exclusive jurisdiction of the English Courts.
11 Damages and Breakages
a Damages cheque/money are not always taken.
b Damages and breakages are not the responsibility of the agent and is therefore not liable for any loss or damage caused by letting the property.
c If the customer cancels the damages cheque or credit/debit card etc before it is cashed or the cheque gets returned it is not the responsibility of the agent to pay those damages.
d If the agent decides a property cannot be let they will immediately remove its availability until it has been resolved.
12 Safety Regulations
a It is agreed that the owner shall ensure that the property is made available for letting in a safe condition and in compliance with the current regulations. Testing of all the electrical and gas appliances, smoke detectors, heating system and plumbing is the responsibility of the owner. The type of furniture and soft furnishings are also controlled by the law. The owner shall ensure that all equipment is checked at the beginning of each season/year by and at the cost of the owner.
b The owner agrees to indemnify the agent against any expenses or penalties that may be suffered as a result of non-compliance of the property with fire and appliance safety standards etc.
a The owner gives permission to use photographs of their properties or anything else they may supply to the agent. Where applicable the owner gives permission for the agent to take any photographs of the owner’s properties whether inside or out now and in the future all the time they use their services. The agent may use all photographs for any purpose they decide to promote the name of Windrush or any other part of it. The owner allows the agent to use these photographs without restriction or payment now or in the future whether the owner is still using the services of the
agent or not.
b The owner must not supply or suggest to use any images where they do not own the copyright; copyright remains with the person that created the original image. Any images offered via a website or by any other means is the
responsibility of the owner. Images used by the agent directly or indirectly supplied by the owner that are subsequently found to be someone elses copyright and costs are incurred. Then the owner agrees to pay all costs regarding these issues.
14 General Authority
a The owner confirms that he/she/they is/are the sole or joint owner(s) of the property and have the right to rent out the property under the terms of the ownership and mortgage (where applicable). The owner authorises the agent to carry out the various duties of the service as detailed in this agreement.