AMAZING ACCOM AGREEMENT WITH OWNER/PROPERTY MANAGER
You, the Owner/Property Manager, on behalf of all of the legal owners of the Accommodation to be listed on the Amazing Accom (AA) website, agree with AA as follows:
1. DEFINITIONS
1.1 Capitalised terms have the same meaning as set out in the Holiday Tenancy Terms and Conditions. Other defined terms in this agreement are capitalised in italics and brackets immediately following the defined term.
2. HOLIDAY TENANCY TERMS AND CONDITIONS
2.1 The Owner/Property Manager promises that it has the legal authority and capacity to enter into this agreement on behalf of all legal owners of the Accommodation.
2.2 The Owner/Property Manager acknowledges and agrees that:
2.2.1. The terms and conditions on which the Accommodation will be let to Renters via AA’s website are the Holiday Tenancy Terms and Conditions;
2.2.2. It has carefully read the Holiday Tenancy Terms and Conditions, has understood that document and agrees with its contents;
2.2.3. AA will market and sell night/s in respect of the Accommodation, collect all deposits and balance rent payments from the Renter in respect of the Holiday Tenancy, and disburse the funds in accordance with clause 3 below;
2.2.4. AA will exercise any other powers with respect to the Accommodation as may be necessary for the performance of the AA’s obligations under the Tenancy Terms and Conditions and this agreement.
3. AA’S FEES AND DISBURSEMENT OF BALANCE
3.1 Unless otherwise agreed in writing (i.e. in the case of a subscription fee component), AA will deduct its fees on the full amount of rent payable under the booking from rents collected (including deposits) at the rate agreed between AA and the Owner/Property Manager prior to the commencement of Holiday Tenancy (AA’s Fees).
3.2 The agreed rate is generally between 10 - 20% of the full amount of rent payable under the booking. The agreed rate depends on the number of listings the Owner/Property Manager has with AA, the region the Accommodation is in and other factors set out in the Join Us page where the Owner/Property Manager signs up to AA.
3.3 AA will pay the total amount received from the Renter in relation to the Holiday Tenancy, less AA’s Fees, to the Owner/Property Manager on the 1st working day after the Renter has checked out of the Accommodation. The Owner/Property Manager acknowledges that it can take up to 5 working days for the funds to appear as cleared funds in the Owner/Property Manager’s nominated bank account. AA is not responsible for the Owner/Property Manager’s bank fees in relation to the electronic funds transfer.
3.4 AA will not agree to an early release of the balance deposit payment under any circumstances.
3.5 AA’s Fees are inclusive of GST. The Owner/Property Manager is responsible for its personal tax obligations (if any).
3.6 In the unlikely event that a Renter’s credit card is charged back after the balance has been paid to the Owner/Property Manager by AA the Owner/Property Manager agrees to refund AA in full for the total amount of the charge back value.
4. OWNER/PROPERTY MANAGER PROMISES
4.1 The Owner/Property Manager agrees to:
1.1.1. Honour all bookings in relation to the Accommodation made through AA in all circumstances. This includes but is not limited to honouring bookings where the Owner/Property Manager has made an error, for example, by failing to block-out dates in the online calendar to reserve the Accommodation for personal or alternative use;
4.1.2. Pay AA’s Fees on any dishonoured booking under all circumstances, including if the Accommodation is removed from the website for any reason within 5 working days of date of AA invoice;
4.1.3. AA’s Fees on any dishonoured booking being deducted from any future payments received in respect of other bookings through AA;
4.1.4. AA having sole discretion to refuse or remove any Accommodation from the website for any reason;
4.1.5. Keep the Accommodation fully insured against such risks as are normally covered by a comprehensive policy relevant to the type of accommodation, frequency of holiday tenancy use and for holiday letting purposes;
4.1.6. Provide an Information Booklet/House Rules at the Accommodation which contains:
(a) Contact details for the Owner/Property Manager for the efficient and effective resolution of any problems relating to the Accommodation during the Holiday Tenancy;
(b) Details of waste management (including rubbish collection days and recycling requirements etc.); and
(c) Operational manuals, codes and details for all electronic appliances and devices.
4.1.7. Ensure that, prior to a Renter’s arrival, the interior and exterior of the Accommodation is, in all respects, fit for occupation as a holiday home and is in accordance with all Accommodation information content posted on AA’s website;
4.1.8. Always maintain a unique name for the Accommodation. The reason for this is that AA typically works on a success fee structure and invests heavily in extensive domestic and international marketing. If an Accommodation has its own website or is listed on other sites with the same name as stated on AA then AA’s clients could book the Accommodation directly simply by searching the internet. AA reserves the right to change the name of any Accommodation at any time that is in breach of this clause. The Owner/Property Manager’s honesty in this regard is of paramount importance and any breach by it of this clause may result in suspension or permanent removal of the Accommodation from AA (in AA’s sole discretion). The Owner/Property Manager understands that once a booking is made online through AA the Renter will receive notification of the Accommodation’s street address and the Owner/Property Manager’s nominated contact details and correct property name.
4.2 The Owner/Property Manager acknowledges and agrees that:
4.2.1. Disputes regarding the Accommodation, including but not limited to the condition of the Accommodation and any damages and breakages, is between it and the Renter. AA will not be involved in any disputes. AA recommends that the Owner/Property Manager regularly takes and stores a complete dated photographic record of the Accommodation;
4.2.2. If AA receives one or more complaints from its website users about a specific Accommodation page in any way misrepresenting the Accommodation, or its surrounds, AA may remove the Accommodation from the website without notice and in its sole discretion. If the Owner/Property Manager attempts to upload unsuitable material to the AA website, or persistently misuses AA’s online systems, AA may remove the Accommodation from the website;
4.2.3. AA may in its sole discretion refuse to upload or remove any previously loaded Accommodation page from its website for any reason. AA may refuse any Accommodation page from its website where the content fails to meet its minimum requirements.
4.2.4. If it wishes to have its Accommodation page/s deactivated or removed from the website, AA will do so as soon practicable after receiving written notice from the Owner/Property Manager;
4.2.5. In the interests of maintaining a high level of service to users of the website, AA requires the Owner/Property Manager to be available to respond to enquiries by telephone or email. If the Owner/Property Manager is unavailable for a period of more than one week it agrees to leave an answerphone message or set up an out of office response on its email account. Alternatively the Owner/Property Manager will request AA to temporarily deactivate the Accommodation page/s. AA may suspend any Accommodation page/s if an Owner/Property Manager has not left a message and is unavailable for any longer than one week.
4.2.6. It owns the copyright in all photographic and textual material supplied to AA in relation to the Accommodation (Material) and it grants AA a perpetual, royalty-free licence to use the Material for promotional purposes (including marketing and public relations material throughout the world’s media channels including but not limited to: digital, SEM, SEO, subscription based websites, specialist directories, directories, articles submissions, books, television, and any other sources deemed as advertising, public relations, and/or marketing channels). The Owner/Property Manager irrevocably and unconditionally indemnifies AA against any costs, loss or liability (including legal costs) which AA may incur by reason of any breach of copyright arising from AA’s use of the Material. The Owner/Property Manager understands that it may not reproduce photographic or textual material from any part of AA’s website without written consent.
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