Agency Agreement

By using Select Cornwall and accepting bookings you agree to the below.

1) The Property Owner appoints The Commission Based Introducer (Select Cornwall Ltd) to be the joint/sole Introducer for The Property Owner for the purpose of letting The Property until such time as this Agreement is terminated in accordance with the termination provisions set out below.

2) This Agreement is bound by the terms of the Laws of England & Wales.

3) In the event of a dispute between Introducer & the Property Owner, both parties will endeavour to resolve the matter without the need for expensive litigation and agree to refer any such dispute to mediators if unsettled.

SELECT CORNWALL'S OBLIGATIONS

1) The Introducer will use all reasonable endeavours to advertise The Property for holiday/rental purposes.

2) The Introducer will advertise accepting all costs relating thereto as The Introducer (in its absolute discretion) deems necessary to ensure adequate letting.

3) The Introducer shall keep in a Lettings account all money received from tenants and prospective tenants for The Property until accounted for to The Property Owner (or in the case of returnable deposits. to the persons entitled to them).

4) The Introducer may deduct all charges, disbursements and any sums owed by The Property Owner from sums held on behalf of The Property Owner.

5) The Introducer shall be responsible for the administration of all bookings made and shall make a proper record of the same which shall be available for inspection by The Property Owner on logging into their account.

6) At the Introducers sole discretion, The Introducer may refuse bookings where it is believed to be in the interest of The Property Owner or the goodwill and reputation of The Introducer.

7) It is agreed that The Introducer shall be paid 3% of gross letting income (plus VAT if applicable). Any other services provided by The Introducer for cleaning or of any other services of a similar nature shall be charged for separately but may also be deducted from rents held by The Introducer.

8) If a booking has been cancelled, the 11% deposit paid to The Introducer will be paid to The Property owner if the holiday period was not re-booked. If re-booked by The Introducer The Property Owner will receive the full amount of the holiday, minus the Introducers fees as usual and the original deposit will be returned to original booker. If the Property Owner re books a holiday when a cancellation has occurred less than one week until the holiday then the Property Owner will receive the deposit of (11%) in addition to the booking fee they have received out side of Select Cornwall

9) The Introducer will charge the booker a service fee of 8% upon booking, this covers all credit card charges, administration and is used for site maintenance and marketing.

10) All monies held by the Introducer, that is not comission or service fee (monies owed to Property Owner) will be held in a seperate protected client account and not touched until payment is made to the Property Owner, this will be into the account provided by the property owner in the 'Owners Dashboard'. The reference on the payment will be the booking number.

11) Payment to the Property Owner will be made one day after the arrival date for the relevant booking and will be updated in the Property Owners admin panel.

THE PROPERTY OWNERS OBLIGATIONS

The Property Owner will;

1) Maintain The Property to a standard required or approved by The Introducer,

2) Arrange at his/her own expense the services of a Housekeeper/Cleaner whose duties will be to check that The Property is thoroughly cleaned, aired and warmed (if necessary) and ready for incoming tenants, and where appropriate arrange for key collection

3) Maintain The Property and any furniture or equipment in a good state of repair and decoration.

4) The Property Owner shall complete the available dates, pre-set the weeks to be `week`or 'any time' bookings only, set a day as their changeover day and pre-set a percentage discount per free room (Unused bedrooms), simply login online to do this.

5) The Property Owner is allowed to book weeks outside of The Introducer but agrees that they must login and change the booking period as booked on the booking calendar before accepting the booking. This is to prevent double booking. The Property Owner understands and agrees that if The Introducer has accepted a booking then that booking must take priority. In exceptional circumstances if contacted within 24 hours we will cancel a booking taken by us the Introducer if you've taken an automatic booking elsewhere, limited to 2 times per property owner per calendar year.

6) If after accepting a booking from The Introducer, The Property Owner subsequently cancels that booking he/she will pay a relocation charge, the price of that booking in full (to cover the company’s cost of relocating that guest), the payment is expected within 4 weeks of notice.

7) In the event of The Property Owner leaving Select Cornwall without fulfilling the bookings taken, The Property Owner subsequently cancels that booking he/she will pay a relocation charge of £200 (Guest relocation charge) This fee is a compensation charge for the inconvenience caused and distress to the guest. There will also be a £150 fee per booking taken, for the Introducer, this is for time taken to help the guests out and also go towards any additional costs. Total payment due for any booking however far into the future it is will be £350. Payment is due within 4 weeks of leaving the Introducer, and a £50 charge after this for each correspondence, up to £100 per month.

8) The Property Owner is not allowed to encourage booking outside of Select Cornwall, if caught doing so will be banned and removed for life. Repeat bookings, as we only charge 7.5% commission we would appreciate you encouraging the booker to book through The Introducer the following year, a simple case of use us or loose us. Together we can create a cheaper way of letting your accommodation for years to come.

9) To ensure at all times that The Property and its letting complies with all of the following:

(a) The terms of any freehold or leasehold interest of The Property Owner in The Property.

(b) Fire regulations including in relation to furniture and content.

(c) Planning and Building Control conditions.

(d) The terms of any insurance policy.

(e) The terms of any mortgage on The Property.

(f) Gas and Electrical Safety: The Property Owner is responsible for compliance with all statutory regulations relating to gas & electrical equipment & is required to provide copies of the appropriate certificates to The Introducer.

(g) The Property must be covered by appropriate public liability insurance to a minimum of Two Million Pounds for any one incident (a copy of which must be scanned or photographed and sent to adam@selectcornwall.co.uk), & contents cover should be taken out if not already in place.

10) The Property Owner may want to hold a security deposit from the client during their stay. This is up to the individual and must only be used in cases of abuse and major damage. The odd broken plate may be considered reasonable wear and tear. Damage deposit and the admin of it will always be at owners discretion.

11) The Property Owner is recommended to keep a complete inventory of any contents in The Property and can provide the Introducer with a copy if they wish.

12) The Property Owner agrees to indemnify and keep indemnified The Introducer from and against any and all loss, damage or liability whether criminal or civil suffered and legal fees and costs incurred by The Introducer in the course of conducting the management of The Property.

13) The Property Owner acknowledges that they own the rights to, or have permission to use, all content I publish to the site (including text, images and any other content). They acknowledge that they will add no content that is in breach of any laws or legislation in the UK they accept that breaches to copyright, laws and legislation, or acceptable taste are my responsibility and will hold Select Cornwall Ltd and any partners in no way responsible for consequences resulting from breaching these terms.

14) The Property Owner agrees to indemnity & keep indemnified The Introducer in the event of there being any claim against The Introducer by a client in respect of matters properly the responsibility of The Owner

15) The Property Owner shall not take a booking outside of the Introducer if the introducer has initiated the conservation for booking, be it from our Facebook page's or Facebook group 'Cornwall Holidays Direct' or on private messages on the Select Cornwall website or Facebook. If we find this out, The Property Owner shall pay the Introducer 15% of the total booking value. On a case by case basis we will decide to firstly ban the offending party from our social media groups and pages, then consider removing from Select Cornwall all together.

TERMINATION OF CONTRACT

This agreement may be brought to an end by either party

This agreement may be brought to an end by either party

(a) After all bookings by the Introducer have been fully completed.

(b) Immediately on such termination any funds held by The Introducer shall be returned to The Property Owner after the deduction of all monies due to The Introducer, including those resulting from a firm or provisional booking made, before the termination of this agreement. If termination is immediate and there are provisional or firm bookings in place, the Property Owner is liable to pay £200 relocation costs for those guests and compensation to the introducer for time spent relocating the guests of £150.

Payment is due within 4 weeks of leaving the Introducer, and a £50 charge after this for each correspondence, up to £100 per month.

I, The Owner of The Property above agree to the terms and conditions of letting and offer The Introducer the opportunity to let The Property on all dates other than those removed from booking by me or The Introducer.