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The Apartment Network: Terms of Business for supplier
By submitted your apartment for listing you agree to the following terms and conditions and confirm that you have the authority and approval to agree to the below:
You have serviced apartments that are available for rent, and we procure serviced apartments for persons who have requested that we help them to do so (“Clients”). You would like us to market to our Clients the apartments made available by you from time to time on our platform for serviced apartments on the terms and subject to the conditions set out herein.
1. Apartment Information Questionnaire
a. You will accurately complete our new apartment supplier form for each apartment that you would like to have included on our platform (the “Apartment Information Questionnaire”), which shall include the condition, price, number of bedrooms, location and the cancellation policy in respect of each such apartment.
b. We may market the availability of any apartments in respect of which you completed our Apartment Information Questionnaire as we deem appropriate, by including details which we in our absolute discretion deem appropriate on our platform.
c. As a serviced apartment operator it is expected that rates will include all utility bills and weekly cleaning, including a linen and towel change, as a minimum. Should any other costs be applicable these must be clearly outlined within your Apartment Information Questionnaire and property description. We will not be held liable for any additional charges for services that have been selected as available at your property that are chargeable where this has not been clearly communicated in your property description or acknowledged by us in writing.
a. You agree that you will provide apartment availability and pricing data regularly and will provide updated data as soon as reasonably practicable. We agree that it is our intention that real-time availability and pricing data will be provided as soon as systems allow it.
b. Once an enquiry is received by us in respect of an apartment made available by you, we agree that we will contact you as soon as possible to confirm that the relevant apartment is available on the dates requested by the Client at the price (excluding VAT) notified to us in writing (the “Price”) and you will provide such confirmation within 48 hours of being contacted by us.
c. You agree that we are entitled to treat such confirmation as an offer (the “Offer”) and that we will accept a booking from a Client based on such confirmation.
3. Supplier Acceptance
a. Upon receipt of an Offer from you, we will accept the Client’s booking and submit acceptance of the Offer on behalf of our Client to you in writing, providing inter alia the Client’s contact details and details of the occupant (“Supplier Acceptance”).
b. The Supplier Acceptance shall be deemed to be received upon transmission by us and shall constitute a contract between you and the Client whose details are set out in the Supplier Acceptance.
4. Provisional Bookings & viewings
a. If a Client indicates to us that they wish to reserve an apartment owned by you but requires time to make a final decision, we will notify you and you agree to keep that apartment provisionally reserved exclusively for our Client for the duration of the period for which the Client wishes to make that reservation (“Provisional Booking”) for a minimum of 24 hours (the “Provisional Booking Period”) from the time you receive notification from us for the duration of the period for which the Client wishes to make that reservation.
b. If we do not supply you with a Supplier Acceptance before the end of the Provisional Booking Period and have not contacted you to make a further Provisional Booking, the Provisional Booking shall be terminated.
a. If at any time following the transmission of a Supplier Acceptance, the relevant Client or its representative communicates to us that an extended stay is required (“Extended Stay”), we will communicate this instruction to you in writing, including details of the period for which the Client wishes to extend their stay (the “Extension Period”) as soon as reasonably practicable or at least 14 days before the relevant Client’s departure date in any event.
b. You agree that as long as we comply with the provisions of this clause, you will use your best endeavours to accommodate the Extended Stay in the apartment in which the Client has made a reservation or may be residing. If the relevant apartment is not available for the Extension Period, you will use your best endeavours to find alternative accommodation for the relevant Client in the same building. Any such Extended Stay will be governed by these terms and conditions, including for the avoidance of doubt, clause 7. If a Client contacts you directly in relation to an Extended Stay, you agree that you will notify us within 24 hours of receipt of any such request.
a. We agree that we will collect the Price in respect of a Supplier Acceptance from the Client and remit it to you within 30 days of the anticipated date of arrival by the Client (the “Arrival Date”) subject to clause 7.
b. You will issue to us a valid invoice in respect of the Price within 14 days of receipt of a Supplier Acceptance.
a. In consideration for making a successful booking, the fee payable by you shall be a commission of 10 per cent. of the Price excluding any taxes, including in respect of any Extended Stay (the “Fee”) . We shall be entitled to deduct the Fee from the Price prior to remittance, provided that we provide you with a valid invoice in respect of the Fee. We agree that the Fee shall not fall due in respect of any Cancellation.
b. For suppliers whose main property locations and Head Office are located outside of the United Kingdom, no UK VAT will be added to the commission.
a. During the term of this agreement and for 12 months from the date of termination (the “Restricted Period”), you agree that you will not canvass, solicit or otherwise seek the custom of any Client with a view to making apartment bookings directly with any such Client.
b. You also agree that you will not induce or attempt to induce any Client to cease or refrain from conducting business with us or to reduce the amount of business conducted with or vary adversely the terms upon which it conducts business with us, or do any other thing which is reasonably likely to have such an effect.
c. Any reservation made in breach of clauses 8 a. – c. will result in the Fee being payable in respect of such reservation.
d. You further agree that you will not, during the Restricted Period, offer employment to, enter into a contract for the services of, or otherwise entice or attempt to entice away from us any person who is employed by us at the date of termination.
9. Data Protection
a. You agree that you will process any personal data you may receive from us in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments applicable to any such data from time to time.
b. You also agree that you will take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, personal data
10. Intellectual Property
a. You warrant to us that any photographs, names, logos, copy or materials made available by you for use by us on our platform does not infringe any intellectual property rights of any third party, nor that it constitutes any third party breach of confidence, passing off or actionable act of unfair competition.
b. You will indemnify us and keep us indemnified against all costs, claims, damages or expenses incurred by us as a result of breach of this clause.
a. You warrant that at the time that any Supplier Acceptance is made that:
i. all necessary consents are in place for Clients to occupy and use the apartments made available by you for the purposes intended by these terms and conditions;
ii. all apartments made available by you are fit for purpose and comply with the descriptions of them provided in the Apartment Information Questionnaire;
iii. each apartment complies with all laws, regulations and orders (including, without limitation, gas, electrical and carbon monoxide safety regulations) to enable the use of each such apartment in the manner contemplated by these terms and conditions;
iv. if requested by us, you will supply to us within 24 hours of our request any copies of any relevant certificates or documents demonstrating compliance with relevant laws, regulations or orders;
v. the security in each apartment made available by you conforms to the standards of security reasonably expected of an apartment located in the location of each relevant apartment; and
vi. You have in place appropriate buildings and contents insurance and all other insurance applicable for the use of any apartment in the manner contemplated by this agreement.
a. You acknowledge that our sole role is as agent for the Client. Upon receipt of a Supplier Acceptance, you will enter into a valid and binding contract with the Client who is referred to in any Supplier Acceptance.
b. We accept no responsibility for the Client’s use of any apartment (including in respect of authorised invitees of a Client), any loss or damage to any property of any Client, any personal injury death or any other losses, claims, costs, demands, actions, proceeds, damages, expenses or other liability arising out of a Client’s use of the property.
c. You agree that you will indemnify us against all costs, claims, damages or expenses incurred by us in connection with the above.
a. You may notify us in writing at any time of your intention to remove an apartment from our database, and we will remove all references from any such removed apartment from our platform and take no bookings in respect of such apartment within 14 days of receiving your notification.
b. We may notify in writing you at any time of our intention to remove an apartment from our platform and we remove all references to any such apartments and take no bookings in respect of it within 7 days of giving you notice.
c. Either of us may terminate these terms and conditions in writing with immediate effect:
i. in the event that the other fails to pay any amount due under this agreement on the due date and remains in default for 30 days after being notified in writing to do so;
ii. the other party repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
iii. the other party suspends or threatens to suspend payment of its debts or is unable to pay its debts as they fall due, or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
iv. the other party commences negotiations with all or any class of its creditors with a few to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors;
v. a petition is filed, a notice is given, a resolution is passed or an order is made for or in connection with the winding up of that other party; or
vi. a person becomes entitled to appoint a received over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party; or
vii. The other party suspends or ceases, or threatens to suspend or cease to carry on all or a substantial part of its business.
d. We may terminate these terms and conditions in writing with immediate effect:
i. if any warranty given in clause 11 of these terms and conditions is found to be untrue or misleading;
ii. if any Supplier Acceptance is not fulfilled; or
iii. the other party commits a material breach of any of these terms and conditions or any terms and conditions between you and a Client;
14. Consequences of Termination
a. If an apartment is occupied by a Client, that Client may continue to occupy that apartment for the period set out in our Supplier Acceptance and any Extended Stay.
b. If you wish to terminate occupancy by a Client for a valid reason resulting from the actions or omissions of the occupant, you will give us notice in writing of your desire to terminate the occupancy and the reasons for that termination, so that we may take up the matter directly with our Client. If there is no valid reason, or the reason given by you is disputed you will only be able to terminate the occupancy by that occupant on locating an alternative apartment for that occupant that is of equal standard and such alternative is accepted by the occupant. Where the occupant incurs expenses in connection with such relocation, you will reimburse the reasonable costs and expenses incurred by the occupant.
c. Upon termination of these terms and conditions, we will remove all apartment details from our platform and cease to accept bookings in respect of them.
a. We each agree to keep these terms and conditions and details of all Clients confidential and not disclose to any third party except as agreed by the other in writing.
b. Neither of us shall be entitled to assign this agreement without the prior written consent of the other.
c. We may from time to time vary these terms and conditions provided that we have agreement in writing from you.
a. These terms and conditions will be governed by and construed in accordance with the laws of England and Wales, the courts of which have exclusive jurisdiction over any dispute arising out of it.
Updated 27th July 2017