In this Agreement, the following terms shall have the meanings set forth below:
“Accommodation Agreement” means an Agreement that grants the Guest the right to occupy and use the Property for a defined period of time as a license to occupy. The Guest agrees to comply with all Terms and Conditions of this Agreement, including any restrictions on the use of the Property, requirements for maintenance and repair, and payment obligations.
"Accommodation Sum" means the total amount due to the Homeowner for the rental of the Property, minus any management fees, as set out in the Schedule of Fees.
"Applicant" means the person(s) who enquires to book the Property.
"Agreement" means this document which is a legally binding agreement between the Homeowner and Domus Stay upon signing of the Homeowner Confirmation Form.
"Appraisal" means the process of determining the rate value of the Property, as conducted by Domus Stay and reported in an Appraisal Document.
"Booking" means the reservation made by the Guest for the Property.
"Booking Confirmation" means the written confirmation provided by Domus Stay to the Guest, confirming the details of the Booking.
"Cancellation Period" means the period of time, prior to a Stay, which the Guest may cancel the Booking without penalty.
"Contract" means either the Accommodation Agreement or the Tenancy Agreement (if applicable) that is signed by the Guest contracting them to the rental of the Property as per it’s Terms.
“Domus Stay” or “the Agent” “us” or “we” means the company Domus Stay Limited of 3 Dukes Gate, London, W4 5DX who are party to this agreement and provide all Services in relation to the Instruction of your Property.
"Guest" means any person who stays in the Property where a Contract is formed.
"Homeowner” or “the Homeowner”, “you” and “your” means the owner of the Property, or their authorised Agent, Usufructuary or representative.
"Homeowner Confirmation Form (HCF)" means the form signed by the Homeowner, confirming the instruction of the Agent to market the Property.
“Instruction” means the management and right to rent the Property for a given period in which Domus Stay acts as the Agent.
"Inventory Check-In and Check-Out Reports" means the written reports provided by an independent third-party contractor to Domus Stay upon Check-In and Check-Out of any Guest, detailing the condition of the Property and its fixture and fittings.
"Management Fee" means the fee charged by the Agent, to the Homeowner for the management and administration of the Property, as set out in the Schedule of Fees.
"Operating Float" means the amount of money held by the Agent to cover any expenses or Works during a Stay.
"Property" means a Property, including any out buildings, fixtures and fittings owned by the Homeowner and rented to the Guest under this Contract.
"the Schedule" means the Schedule of Fees and Charges document incorporated herein by reference, setting out the fees, charges, and other amounts payable by the Homeowner in connection to renting the Property.
"Security Deposit" means the amount of money, paid by the Guest, held by Domus Stay, on behalf of the Homeowner, to cover any damages caused by the Guest during their Stay.
"Service" means the services provided by Domus Stay to the Homeowner in connection to marketing, renting and managing the Property.
"Stay" means the period of time during which the Guest and any invitees stay in the Property, as set out in the Stay Confirmation.
"Tenant" means the person or entity that rents the Property from the Homeowner under a Tenancy Agreement.
“Tenancy Agreement” means an agreement that grants the Tenant the right to occupy and use the property for a defined period of time as a Tenant.
"Stay Confirmation" means the written confirmation provided to the Homeowner by Domus Stay, confirming the dates of their Stay and other details of the Booking.
"Third-Party Websites" means any third-party websites or platforms used by the Agent to market or promote the Property, including, but not limited to VIP Concierge and Travel Services, Relocation Agents and Property Partners.
"Works" means any redecoration, improvements, replacements, or repairs to the Property or its contents where necessary to ensure that the Property meets any standards laid out in law or by the Contract.
Each of the foregoing definitions shall apply both to the singular and plural forms of the terms defined.
1. General Services Provided by Domus Stay
As part of the Service provided by Domus Stay to the Homeowner, Domus Stay stipulates to follow the Terms of the Agreement, as such;
1.1 Domus Stay will only provide the Homeowner with the Services specified within Section 2 of the Agreement.
1.2 No action, discussion, or forbearance of Domus Stay can be inferred as assent to provide additional or more comprehensive services.
1.3 Domus Stay will provide all services to the Homeowner using reasonable skill and care.
1.4 Domus Stay will form binding agreements by way of a Contract between the Homeowner and Guests who agree to let the Property on a short-term basis. You will contract directly with each Guest, and you must comply with the terms of that Contract which will be in a standard form (varied in form by us from time to time). A copy of the current Accommodation Agreement and Tenancy Agreement is maintained online. You agree that any booking which is made through us will be made on the terms of such a Contract which is a binding between you and the Guest for the duration of the agreed dates on the agreed Terms.
1.5 Instruction of Domus Stay does not guarantee continuous or any occupancy of the Property by the Guest or any third party introduced by Domus Stay.
1.6 Domus Stay reserve the right to amend, alter or remove any part of the Services provided if necessary to comply with changing legislation or local and government regulations, circumstances outside the control of Domus Stay, when the removal or amendment does not materially affect the Services provided by Domus Stay or if due to any force majeure (unforeseen circumstances).
1.7 Domus Stay act as an independent Contractor but may from time to time sub-contract services to a suitable vetted third party; or act with a third party to provide services to the Homeowner.
1.8 Domus Stay confirm that nothing in the Agreement excludes or limits the Homeowner liability for death or injury.
1.9 These terms apply only to the provision of Services by us to you and do not apply to the occupation or rental of the Property.
1.10 If a Tenancy Agreement is agreed with a Guest, then express consent will be obtained from you.
2. Specific Services provided by Domus Stay
Domus Stay will carry out the following:
2.1 Visit the Property to discuss marketing strategy (including suitable hosting sites) with the Homeowner or his representative; obtain copies of any house rules, regulations or conditions imposed by a third party; and agree any parts of the Property or the fixtures and fittings which will not be available to any Guest during occupation.
2.2 Provide the Homeowner with the facility to detail the dates on which the Property is available. Domus Stay will provide the Homeowner with updates to the diarised Bookings upon written request. From time to time Domus Stay may inform the Homeowner of new or amended Bookings. It is the Homeowner’s responsibility to update Domus Stay on the Property’s availability prior to our Instruction, as well throughout our agreement. Domus Stay are not liable for any failure to do so should Guest cancellations occur as a result of this.
2.3 Market the Property, on our website or as Domus Stay sees fit including on any Third-Party Website to the extent necessary.
2.4 Any photographs or images of the Property or surrounding area taken by Domus Stay remain the property and Copyright of Domus Stay and will be used as Domus Stay see fit.
2.5 During any Stay by a Guest Domus Stay will provide certain services to the Homeowner as agreed in writing. Domus Stay are not liable for any loss incurred for any amendment alteration or cancellation of any service provided.
2.6 Arrange for Contractors (including but not limited to cleaning companies, electricians, or other third parties) to visit the Property to carry out any cleaning, inspections, or remedial work prior to the start of, during or after a Guest Stay. All costs incurred will be the liability of the Homeowner, as indicated in the Schedule.
2.7 Inform the Homeowner of all costs arising in relation to the Property and to provide an itemised statement monthly while acting on behalf of the Homeowner for any Stay arranged for a Guest.
2.8 Arrange to have a minimum of five sets of keys cut at the Homeowner’s expense including the administration charge unless five sets of keys are provided when Domus Stay is instructed.
2.9 To agree that one (or more if deemed necessary) set of keys will always be retained by Domus Stay to be held to effectively manage the Property. The Homeowner agrees that the keys may be given to a third party authorised by Domus Stay; to carry out the day-to-day management, cleaning and housekeeping of the Property, or as instructed by the Homeowner.
2.10 In addition to the Management Fee, Domus Stay require the Operating Float set out below to be paid by the Homeowner in advance of the commencement of the Stay to enable Domus Stay to carry out Works.
2.11 An Operating Float of not less than £500 is required to be maintained throughout the duration of a Stay. For the avoidance of doubt a higher float may be requested dependent on the size and type of the Property. Any higher amount must be mutually agreed with the Client before the commencement of any Stay. The float total will be replenished from rental income from a Stay were the float to be used.
2.12 The Operating Float shall be paid into a designated Client Account. Due to the speed and number of transactions involved Domus Stay will not attempt to calculate or credit to the Client any interest that may be earned as a result of handling these monies.
2.13 Not all works can be done by our in-house team. By signing this Agreement, you are authorising Domus Stay to instruct Contractors on your behalf and deduct the invoice cost from the Operating Float or from rental funds received, for works up to £350, except in an emergency. For any Works, the cost of which exceeds £350, Domus Stay shall obtain the Homeowners approval for the Works, except in an emergency.
2.14 Manage the Property during any rental period; and if necessary, instruct Contractors on behalf of the Homeowner. All costs incurred will be payable by the Homeowner and will be deducted from the rental income, the Operating Float or invoiced to the Homeowner if funds are not held on account at that time. Domus Stay are not liable for Contractor’s invoices. All Contractors are instructed as the agent of the Homeowner.
3. Obligations of the Homeowner
3.1 This Agreement, together with the Appraisal and HCF, set out the standard terms and conditions under which Domus Stay will provide the services to the Homeowner. The Agreement is quite detailed and precise and if further clarification is required then the Homeowner should contact your Domus Stay Portfolio Manager.
3.2 The Homeowner by completing the HCF has requested that Domus Stay provides the Services in accordance with the Agreement and agrees to pay the Management Fee for the services pursuant to the Schedule, which accompanies this Agreement, and any additional costs and expenses detailed therein.
3.3 The Homeowner must provide Domus Stay the power to grant short term lets under their lease if the Property is leasehold.
3.4 Any changes or additions to the services must be agreed in writing by all parties.
3.5 By signing the HCF the Homeowner agrees that if a Guest cancels a Booking then the Homeowner will be liable for any costs incurred that are; not deductible through the debit or credit card of the Guest or by other means of payment, or for services by third parties that cannot be reimbursed or cancelled, or for costs that have already been incurred prior to the cancellation.
3.6 By signing the HCF, the Homeowner confirms that all Bookings made by Domus Stay will be honoured in full and that acceptance of the Booking is a binding contract. Failure to honour the Booking may result in the Homeowner being liable to compensate the Guest and Domus Stay for any losses suffered, including incremental costs of cancellation or the cost of alternative accommodation, as detailed in the Schedule. However, it is important to note that the compensation referred to in the clause is limited to the value of the Stay and does not extend to any consequential or indirect losses.
3.7 If a Guest cancels a Booking outside of the Domus Stay Cancellation Policy, the Homeowner will be entitled to compensation provided payment has been made by the Guest in cleared funds after deduction of costs and expenses incurred by Domus Stay and agreed with the Homeowner. Save that, if the Homeowner or Domus Stay manages to rebook the Property for the same period, or part of the same period, the Homeowner, or Domus Stay shall rebate the Accommodation Sum in full or pro rata, to the Guest, whichever is relevant.
4. The homeowner warrants the following:
4.1 That the Property complies with all relevant Health & Safety Regulations as set out in clause 8 below.
4.2 The Homeowner is the sole or joint owner of the Property within the meaning of the Accommodation Agencies Act 1953 and that the Homeowner has the right to let out the Property under the terms of any mortgage or head lease.
4.3 Should the Property be subject to any of the following restrictions then the Homeowner has obtained and executed all necessary consents, notifications and licences to the Contract:
Terms of a head lease. The Homeowner should have obtained written consent from the superior Landlord which may come in the form of a licence. The cost is the liability of the Homeowner. A copy of the relevant sections of the head lease must be given to Domus Stay prior to the start of any Stay to form part of the Contract. It is the Homeowners responsibility to provide this to Domus Stay
Mortgage or loan. Any conditions of a lender must be given to Domus Stay prior to a Stay starting. Conditions cannot be enforced on a Guest at a later date. It is the Homeowners responsibility to provide this to Domus Stay.
Joint ownership. If the Homeowner is a joint owner then all persons forming the owner will be joint and severally liable which means each person is liable to pay the Management Fee, any other charges and expenses of Domus Stay in full. It is the Homeowners responsibility to provide this to Domus Stay.
- Terms of any current insurance policy over the Property. A copy of the relevant sections of the insurance policies especially conditions relating to vacant premises, buildings and contents insurance must be given to Domus Stay prior to the Stay starting. It is the Homeowners responsibility to provide this to Domus Stay.
The Homeowner confirms the following:
5.1 There are no outstanding legal issues or legal proceedings pending that affect the Property or any person who may reside in the Property for any period.
5.2 By signing the Agreement, the Homeowner appoints Domus Stay as the agent on a sole agency basis to negotiate and rent the Property for short term rentals. The Homeowner must inform Domus Stay immediately if the Property is marketed by the Homeowner or any third party for short or long term licences or rentals; or for sale. The Homeowner may be liable for the fees and costs of Domus Stay if another agent is instructed or the Homeowner arranges private bookings of the Property.
5.4 The Homeowner agrees to abide by any Regulations imposed by the local authority within which the Property is located. Domus Stay have no liability if the Homeowner lets out the Property for more than the maximum days allowed. The Homeowner should check all Regulations with the local authority.
5.5 To pay for or reimburse Domus Stay for all invoices and other costs incurred by a Contractor instructed by Domus Stay, on behalf of the Homeowner.
5.6 To accept that Domus Stay will pay all monies received on behalf of the Homeowner monthly in arrears after receiving cleared funds and deducting all costs and charges payable on behalf of the Homeowner.
5.7 The Property will be provided fully cleaned by a professional cleaning company (as arranged by Domus Stay) to the requested standard and in good condition of repair and maintenance, with all services in working order and containing all items, fixtures and fittings.
5.8 The Homeowner is responsible for providing all fixtures and fittings, furniture, minimum standard amenities, utilities, internet, and council tax required for any rentals at the Property. If the Homeowner is unable to arrange for the provision of these items, they must inform Domus Stay within a reasonable time to enable Domus Stay to organise these items on the Homeowner's behalf. The Homeowner shall be liable for any costs incurred by Domus Stay in making such arrangements.
5.9 To pay all costs incurred by Domus Stay as set out in the Schedule which includes any introductory professional clean, introductory professional inventory inspection, minimum equipment provision, costs of any remedial work required prior to any Stay by a Guest, costs for key cutting including any administration fee; any work required to comply with current safety regulations.
5.10 By signing the Agreement, the Homeowner authorises Domus Stay to deduct all fees and costs inclusive of VAT from the rental income of the Property or any other premises belonging to the Homeowner where Domus Stay has arranged residency of Guests. Domus Stay will inform the Homeowner of all costs as they arise.
5.11 To agree the Homeowner will pay any sum due as a Contractor’s invoice within fourteen days of receipt of the invoice from Domus Stay.
5.12 To promptly disclose in writing to Domus Stay any matter, whether prior to or during the Instruction period, which may hinder the Guest's right to quiet enjoyment of the Property. Such matters include, but are not limited to, refurbishment works of the inside or outside of the Property or any building of which the Property forms part, as well as any adjoining building or property. Furthermore, the Homeowner shall also disclose any other reason that may affect the Guest's right to quiet enjoyment of the Property, including but not limited to, any flight path, tube rumbles or noise from trains, air conditioning units, kitchen or restaurant flues, or any other facility near or affecting the Property, that may impact the Guest's Stay. The Homeowner shall disclose such matters immediately upon becoming aware of them or upon being advised by the freeholder or their block manager.
5.13 Domus Stay will retain the Homeowner’s details for marketing purposes for 3 years unless the Homeowner informs us in writing that those details should be deleted; unless the information may be required for legitimate purposes such as legal use or for reporting to HMRC and other contractual retention periods. Such information is retained for six years, under the Limitations Act 1980, from the end of the last Tenancy where instructed.
5.14 Any interest accrued on monies that Domus Stay hold on the Homeowner’s behalf will be retained to cover bank and administration charges etc. Any commission earned while acting on the Homeowner’s behalf through third party agreements will be retained to cover costs.
5.15 From time to time we receive fees from Contractors which we retain. This fee does not affect the quality of the service provided.
5.16 Interest will be charged at 3% above the Bank of England Base Rate from time to time on any sums owing from the due date until payment is made whether before or after judgement has been obtained.
6. Booking Procedure
6.1 Prospective Guests may view the Property through Domus Stay.
6.2 Throughout the Agreement, the Homeowner shall keep Domus Stay informed of the Property's status, whether it is available, blocked, or tentative. During the periods when the Property is deemed 'available', Domus Stay shall promote and offer the Property to prospective Guests. The Homeowner shall ensure that the Property is made available for bookings in accordance with the terms of the Agreement and shall promptly notify Domus Stay of any changes in the Property's status that may impact its availability for bookings."
6.3 Once a Guest enquiry is made, Domus Stay shall contact you, to confirm the Booking.
6.4 Our standard Contract together with the Booking Confirmation which we send to the Guest will constitute the Contract between you and the Guest for the Booking.
6.5 You will also be sent a Stay Confirmation to summarise the main Terms of the Stay. The Booking is confirmed when we issue the Stay Confirmation by email or other standard means of communication.
6.6 When we issue a Stay Confirmation, a binding agreement is in place between you and the Guest to occupy the Property for the agreed period, as a Guest.
6.7 We will collect all applicable fees and security deposits for the Stay.
6.8 A Security Deposit for a Stay will be held by us and may be used to cover the cost of damage to the Property. It is agreed that for any Stay the release of funds from a Security Deposit shall be at our discretion which we agree to exercise reasonably.
6.9 If we accept a booking for a period in which you have confirmed that the Property is available, then you will be obliged to proceed. If you seek to terminate a Booking, then you will be liable to the Guest for the incremental costs of cancellation or alternative accommodation and you may be charged the value of up to 100% of the Homeowner Fee. In particular, part of the contract we negotiate on your behalf with the Guest will provide for appropriate alternative accommodation in the event of cancellation by you. If there are any surplus monies to pay as a result of your cancellation, then this will be your responsibility.
7. Repairs, Maintenance and Access
The Homeowner will do as follows:
7.1 Comply with all legislation for the repair of the Property and in particular ensure that all installations for the supply of heat and hot water; sanitary installations; the structure of the Property including drains, sewers and waste pipes, gutters and pipes; and that all installations for supply of electric, gas and water and are repaired and maintained in working order throughout the Stay of any Guest introduced by Domus Stay.
7.2 The Homeowner shall be solely responsible for the cost of any Works required to restore the normal and fundamental workings of the home during the Guest's Stay if it is compromised unless such Works is a direct result of the Guest's negligence or intentional actions. In the event that the workings of the property are compromised due to reasons beyond the Guest's control or fault, the Homeowner shall bear the responsibility of repairing and maintaining the property at their own expense.
7.3 Ensure that all installations for supply of gas, electric, water; heating, warm air and cooling systems are in full working order at the start of any occupation by a Guest and allow Domus Stay, on their behalf, maintain these at all times during a Stay.
7.4 Where the Homeowner has assumed responsibility for carrying out the necessary Works upon being notified of the need for Works by either the Guest or Domus Stay, you should endeavour to promptly arrange for such Works to be carried out, with prior agreement from Domus Stay. The Homeowner must ensure that the Works are carried out with minimal disruption to the Guest's enjoyment of the Property, and in a timely and professional manner.
7.5 Ensure that all service media (but not limited to wi-fi, satellite, and cable or other television transmission) is in working order, all subscriptions have been paid if applicable and the services are fully functional during the occupation of any Guest introduced by Domus Stay.
7.6 Ensure the Property and any contents are fully insured with a reputable insurer and that any special conditions relating to the occupancy of the Property are provided in writing to Domus Stay prior to any Guest residing at the Property.
7.7 Ensure access by any representative of Domus Stay or any Contractor appointed by Domus Stay during any period prior to, or during a Stay.
7.8 Vacate and re-enter the property with reasonable time, as outlined on the Stay Confirmation document (provided once a booking is confirmed), to allow Domus Stay to fulfil all bookings according to our Terms of Business. If the Homeowner is unable to adhere to the times provided, we ask that this is made clear in good and reasonable time (at least 7 days prior to arrival or departure), to allow Domus Stay to make alternative arrangements. Domus Stay will not assume any liability, financial or otherwise, for any loss if alternate arrangements are not possible outside the proposed timeframe outlines in the Stay Confirmation.
8. Safety Legislation
In addition, the Homeowner agrees to comply with all safety legislation as specified below:.
8.1 All upholstered furnishings comply with the Furniture and Furnishings (Fire Safety) Regulations 1988 as amended.
8.2 All gas appliances, pipework and flues comply with the Gas Safety (Installation and Use) Regulations 1998 and a current gas safety certificate will be available prior to the start of any occupation by any licensee introduced by Domus Stay. It is the Homeowner’s legal responsibility to renew and pay for a gas safety certificate annually and provide a copy to Domus Stay, or instruct Domus Stay to do so on the Homeowner’s behalf. No property containing gas appliances or installations can be occupied by a Guest if there is not a certificate in place.
8.3 All electrical appliances and equipment have been PAT tested for safety; and marked with the CE symbol.
8.4 The electrical installations in the Property have been tested by a suitable qualified Contractor and a copy of the test Certificate made available to Domus Stay prior to any licensee occupying the Property. The Property cannot be let without a valid (EICR) certificate.
8.5 There are fully operational carbon monoxide and smoke alarms on each floor of the Property, which must be tested prior to any new Stay.
8.6 The Property has a valid Energy Performance Certificate (“EPC”) if applicable and a copy will be provided to Domus Stay on the signing of this Agreement.
8.7 All curtains and blinds comply with the British Blind & Shutter Association and European Regulations regarding the installations for raising and lowering of blinds; and the movements of curtains across windows. All new blinds and curtains being installed by a Contractor must have fixed cords or ball bearing pulls to prevent the danger of asphyxiation to a young child.
8.8 To comply with all legislation regarding fire precautions at the Property. The Regulatory Reform (Fire Safety) Order 2005 requires anyone who has control of non-domestic premises, which includes properties used for short term rentals, to carry out a fire risk assessment and take appropriate measures to reduce the risk of fire. The Fire Risk Assessment must be regularly reviewed and updated as necessary. Failure to comply with the Order can result in legal action, including fines and imprisonment, and can also lead to invalidation of insurance policies.
8.9 Domus Stay can introduce a qualified Contractor to advise on any safety aspect in the Property. The Homeowner is liable for all costs and fees incurred.
8.10 Provide instruction booklets for all items of mechanical and electrical equipment and any special surfaces at the Property.
9. Liability of the Homeowner for Loss or Injury
The Homeowner may be liable to compensate and reimburse the Guest or Domus Stay under the following conditions:
9.1 Any loss or damages incurred by the Guest due to any breach of Contract between the Guest and the Homeowner.
9.2 If the Property is not available on the dates that the Guest has reserved the accommodation and the Property is not in the condition specified on the relevant website.
9.3 The safety of the Guest during the period of residency specified within the Accommodation Agreement or Tenancy Agreement (if applicable).
9.4 Any complaint or dispute with a Guest regarding any breach of a clause contained within the Accommodation Agreement or Tenancy Agreement (if applicable). Best endeavours should be utilised in resolving all disputes. Domus Stay will advise or mediate and negotiate on behalf of the Homeowner if appropriate.
9.5 If a dispute arises regarding any costs or charges, Domus Stay shall mediate or negotiate on the Homeowner’s behalf. With the Homeowners prior consent, any charges will be made as agreed.
10. Insurance and Damage Claims
Domus Stay agrees with the Homeowner as follows:
10.1 The Homeowner is liable to compensate the Guest and Domus Stay for any damage, loss or other breach of this Agreement or the Contract.
10.2 If any loss is suffered by the Homeowner through damage caused directly by the Guest to the Property or the fixtures and fittings or furniture contained therein and compensation for damage and loss is not recoverable from the Guest, then Domus Stay will only accept the loss recoverable under our insurance policy.
10.3 Usual wear and tear shall not be compensated for by Domus Stay and this will be the liability of the Homeowner.
10.4 Full details of insurance cover held by Domus Stay including any exclusion amendment or alteration to any policies is available from Domus Stay upon written request.
10.5 Compensation for any claim is limited to the provision of the inventory check in and check out reports. Domus Stay will, to their best ability, review and decide what damage (if any) has been caused by a Guest during a Stay. Domus Stay shall provide a written claim to the Guest and negotiate any deductions thereafter on the Homeowners behalf. Domus Stay take no labiality for any damages caused by the Guest or their invitees, or by the Homeowner during the period of our Instruction.
10.6 All compensation payable subject to an insurance claim is subject to deductions of any insurance policy excess, any restrictions or exclusions covered under the relevant policy.
10.7 Domus Stay are not liable for actions, lack of action or negligence of a third-party Contractor. Any claim by the Homeowner against a Contractor who has been instructed by or on behalf of the Homeowner is directly against that Contractor. Domus Stay have no liability for poor workmanship negligence or damage caused.
10.8 Domus Stay are not liable to compensate the Homeowner for any indirect or consequential loss suffered including but not limited to lost profit or opportunity, loss of reputation or profit, or any general financial loss unless due to fraud or theft by an employee of Domus Stay while acting the course of business.
10.9 Domus Stay do not accept any liability suffered by the Homeowner for any reason if the loss is not covered by the insurance policy held by Domus Stay.
10.10 In certain circumstances Domus Stay may at their discretion make a claim on their insurance for losses suffered by the Homeowner. This claim is subject to any conditions of the insurance policies held by Domus Stay and the ultimate decision of the insurer.
10.11 Domus Stay are not liable to compensate the Homeowner for any losses suffered when a Guest makes a fraudulent payment or payment is recalled by a credit card provider unless due to the negligence of Domus Stay
11.1 Its is the Homeowners responsibility to declare their rental income, tax domicile and ensuring compliance with the applicable tax laws and regulations within the United Kingdom.
11.2 The Homeowner agrees to register with Her Majesty’s Revenue and Customs (“HMRC”) if a resident overseas. The link is: www.gov.uk/tax-uk-income-live-abroad/rent. Domus Stay’s agency code is NA063687.
11.3 By using our services, you acknowledge and agree to take the necessary steps to declare your tax domicile to Her Majesty's Revenue and Customs (HMRC) and fulfil your Tax Obligations in accordance with the law.
11.4 It is the Homeowners responsibility to declare to Domus Stay their tax residency by ticking the relevant box on the HCF provided.
11.5 If there is no declaration of tax domicile, Domus Stay have the right to assume that the Homeowner is tax domiciled in the United Kingdom, and shall pay all rental income to the Homeowner Gross, minus Domus Stay’s charges.
11.6 The Company does not provide tax advice, and Homeowners are solely responsible for understanding their tax obligations and ensuring compliance with HMRC regulations.
11.7 Homeowners are responsible for maintaining accurate and up-to-date records related to their income, expenses, and any other financial transactions that may affect their tax obligations. The Company may provide Homeowners with transaction records and statements related to the services offered, but it is the Homeowner's responsibility to retain these records and use them as necessary to fulfil their tax obligations.
11.8 The Company may, at its discretion, provide Homeowners with relevant information or documentation that may assist in the tax declaration process. However, it is essential to note that this information is provided for informational purposes only and does not constitute legal or tax advice.
11.9 Homeowners agree to indemnify and hold the Company harmless from any claims, damages, losses, liabilities, costs, or expenses arising from their failure to declare their tax domicile or fulfil their Tax Obligations to HMRC.
The Homeowner agrees not to discriminate against any Applicant, Guest, Tenant, or employee of Domus Stay. If discrimination occurs by the Homeowner or any person acting on his behalf Domus Stay can give immediate written notice to terminate the Agreement.
13. Variation of Terms
Domus Stay reserves the right to vary the Terms of this Agreement. The latest version of these terms will always be accessible on our website (http://www.domusstay.com)
14. Indemnity Regarding Employees
The Homeowner agrees not to take action or bring any claim for loss or damage suffered by the Homeowner arising out of or in connection with this Agreement against any individual director, partner, consultant, employee or agent of Domus Stay even where any of those persons have been negligent. This restriction will not operate to exclude any liability that cannot be excluded at law or to exclude the liability of Domus Stay for the acts or omissions of any of their partners, consultants, employees, or agents.
15. Contracts (Rights of Third Parties) Act 1999
The Contract (Rights of Third Parties) Act 1999 does not apply to this Agreement. We are not responsible or liable for the acts, omissions, or failures of third parties unless it is due to the negligence or breach of contract or omissions of Domus Stay or their employees.
16. Consumer Protection Regulations
Domus Stay and the Homeowner must comply with the Consumer Protection from Unfair Trading Regulations 2008 and the Consumer Rights Act 2015. Statements must be factually correct in all communications and Domus Stay must not give a potential Guest the wrong impression about the Property. Prior to marketing the Homeowner should disclose any material information that might affect a prospective Guest’s decision to reserve the Property. Failure to do so could lead to a claim being made against the Homeowner. Domus Stay is required under the above Regulations to disclose this information to interested parties.
Domus Stay reserves the right to assign the rights and or obligations under this Agreement.
18.1 To prevent any unauthorised access to or use of personal data Domus Stay has the responsibility to keep the Homeowner’s personal information and that of Guest or occupier confidential. Domus Stay will only use the personal information of the Homeowner if there is a legitimate interest such as fees are not paid and Domus Stay wishes to refer the matter to a solicitor; or if Domus Stay are specifically required to divulge the information by law; or to pass it to a government agency by law; for marketing purposes; or to comply with any terms of this Agreement
18.2 Domus Stay will retain the Homeowner’s details for marketing purposes a period of 3 years unless the Homeowner informs Domus Stay in writing that those details should be deleted; or the information may be required for legitimate purposes such as legal use or for reporting to HMRC. Such information is retained for six years, under the Limitation Act 1980 from the end of the last Booking by a Guest introduced by Domus Stay where instructed.
Domus Stay and the Homeowner have the right to terminate the Agreement under the following circumstances:
19.1 The Homeowner wishes to terminate the Agreement. In this case, the Homeowner must provide Domus Stay with a 90-day written notice of their intention to cancel this Agreement.
19.2 The Homeowner terminates the Agreement and there are existing Bookings then the Homeowner agrees to honour them and the contract will continue in respect of those bookings. Domus Stay will continue to act for such Bookings.
19.3 The Homeowner discriminates against any Guest, Contractor, or employee of Domus Stay.
19.4 There has been major breach of the Agreement by one party who has been notified of the breach in writing and the party has failed to remedy the breach within thirty days of notification where financial compensation is not suitable.
19.5 The Homeowner refuses to honour bookings, acts in a manner detrimental to Domus Stay including risk to their reputation or goodwill; or the Homeowner refuses to abide by the terms of the Agreement
20.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute under it regardless of the residence of the Homeowner.
20.2 If the Property is situated in Scotland the Agreement will be construed in accordance with the laws of Scotland.
21. Service of Notices
The service of notices on either party will be by hand delivery, or first-class post (deemed served two working days later) or by electronic service. Emails will be deemed delivered immediately on leaving the outbox of the sender to the email address of either party provided from time to time. The address for service for the Homeowner and Domus Stay will be those specified in the HCF.
22. Immigration Act 2014
In the event a Tenancy is formed, the Immigration Act 2014 imposes an obligation on the Homeowner (or Domus Stay on behalf of the Homeowner) to check the passport or other identity documents of all adults (aged 18 years and over) who will be residing at the Property at the start of the Tenancy or thereafter for a period of three months or more. To be prudent Domus Stay endeavour to check the ID of the Guest or Tenant and any other residents over eighteen years of age. The person must be in the presence of the Homeowner or Domus Stay to check that any person who requires a visa or work permit holds the valid authorisation and is complying with its terms. Domus Stay will check this information on your behalf, at the start of the period.
23. Fees and charges
23.1 You authorise Domus Stay as your agent to determine the achievable Accommodation Fees for the Property, as indicated in the Appraisal, based on the Property’s location, condition, the time of year and length of the booking.
23.2 Domus Stay will agree all marketing rates with a Homeowner prior to our Instruction. Any rates change over the course of our agreement will be specifically agreed between Domus Stay and the Homeowner.
23.3 The Homeowner Fee set out in the Appraisal and HCF is the rate the Homeowner should expect to receive. The Accommodation Fee is the price charged to the Guest which will also include the Domus Stay fees and Taxes.
23.4 We will collect all fees on your behalf from the Guest and issue invoices accordingly.
23.5 The Management Fee charged by Domus Stay under the Agreement includes, any expenses incurred by Domus Stay in photographing and/or advertising the Property, provided the Homeowner agrees if the Property or instructions are withdrawn, then Domus Stay reserves the right to seek a reimbursement of expenses already incurred up to a maximum of £500 plus VAT unless otherwise agreed in writing with the Homeowner.
23.6 A Booking Fee of £50+ VAT (£60 inclusive VAT) is payable for the booking administration, including but not limited to the preparation and execution of the Contract in liaison with solicitors, vetting guests, holding guest deposits and insurance cover. In the event of a cancellation within the Cancellation Period, the Homeowner will be fully reimbursed for this fee.
23.7 The Homeowner Fee remains due and payable in relation to any extension, renewal, or continuation of the period of the Contract whether or not Domus Stay is the effective cause, and for the period of time of any such renewal, extension or continuation of the Contract.
23.8 We presume that the Homeowner is not registered for VAT. If the Homeowner is registered for VAT then Domus Stay must be informed. In any event all Homeowner fees are deemed to be inclusive of VAT.
23.9 Domus Stay negotiate discounts, extra nights and rebates, and to deal with any complaints which may involve refunding fees to the Guest in respect of accommodation services. In the event that fees are refunded to a Guest then both your Homeowner fees and our Management Fee will be reduced by a proportionate amount (save where the refund arises as a result of any wilful or negligent act or omission on your part). This will be discussed and agreed with the Homeowner in advance of the action taken.
24. Payment to Homeowner
24.1 Domus Stay shall pay the Homeowner the agreed Homeowner Fee (where applicable) monthly in arrears from the commencement of the Booking.
24.2 Where the Stay is extended (where applicable) the Homeowner shall be paid monthly in arrears from the commencement of the extension date.
25. Cancellation Period
25.1 If the Homeowner signs this Agreement away from the offices of Domus Stay under certain circumstances the Homeowner has the right to cancel this contract within 14 days without giving any reason.
25.2 The Cancellation Period will expire after 14 days from the signing of this Agreement. To exercise the right to cancel, the Homeowner must inform Domus Stay of their decision to cancel this contract by post to the 78 Westbourne Grove, London, W2 5RT. The Homeowner may use the Cancellation Notice in the HCF before the Cancellation Period has expired. If the Homeowner cancels this contract, all payments received from the Homeowner will be reimbursed unless any expenses have been incurred not later than 14 days after the day on which Domus Stay is informed about the decision to cancel this contract. Under the Cancellation Regulations Domus Stay cannot begin providing the Homeowner with the service under the Agreement unless the Homeowner has requested Domus Stay to begin the service in writing by signing below.
25.3 If we accept a booking for a period in which you have confirmed that the Property is available, then you will be obliged to proceed with this booking. If you seek to terminate a booking, then you will be liable to the Guest for the incremental costs of cancellation or the cost of alternative accommodation. If there are any surplus monies to pay as a result of your cancellation, then this will be your responsibility.