Short Stay St. Andrews Ltd (SC606826) – Management Services Terms and Conditions
These terms and conditions apply to your registration as a property owner with Short Stay St Andrews (and its trading names) and to any and all Services (defined below) which we supply to you. Your registration with Short Stay St Andrews (and its trading names) is conditional upon your agreement to these terms and conditions.
We will provide the Services to you in order to ensure your property is suitable for occupancy by guests. Our Services are provided to you in order to complement bookings made on our website or with a Booking Supplier (defined below).
We will provide the Services to you in order to ensure your property is suitable for occupancy by guests. Our Services are provided to you in order to facilitate bookings made digitally via multiple sources, including but not limited to, online travel agency (OTA) platforms; physical travel agencies; tour operators; physical walk ins; and our own OTA website platform.
We may amend these terms and conditions at any time. We will supply a copy of the updated terms and condition via the Booking Software (defined below) or by email to your registered email address. In continuing to use the Booking Software and/or our Services you confirm that you accept the current terms and conditions in full. These terms and conditions should be read in conjunction with our Privacy and Cookie Policy which can be accessed here:Our Privacy Policy | Short Stay St Andrews. We will endeavour to give at least 60 days notice where possible before any changes come into effect.
- DEFINITIONS
1.1 In this Agreement, unless the context requires otherwise, the following words shall have the following meanings:
| Agreed Purposes | registration on Booking Software, invoicing and payment arrangements, management of bookings and relationship between Property Owner and Property Manager; |
| Agreement | means these terms and conditions, as amended from time to time; |
| Ancillary Fees | means additional charges applied by the Property Manager to Guests to cover operational costs associated with processing and managing reservations. These charges may include but are not limited to cleaning fees, linen, re-stocking of condiments and bathroom supplies, credit card processing fees, damage waiver fees, software and platform charges, dynamic pricing surcharges and expenses related to booking administration; |
| Available Booking Dates | means the dates on which the Property Owner confirms to the Property Manager that the Property is available for bookings, as confirmed in the Covering Letter or as otherwise agreed between the parties in writing; |
| Booking Software | means the dedicated online booking software platform operated by the Property Manager, on which each Property Owner will hold a personal account; |
| Booking Supplier | means those third party booking platforms or agents engaged by the Property Manager to list the Property, from time to time, including but not limited to online travel agency (OTA) platforms; physical travel agencies; tour operators; physical walk ins; and our own OTA website platform; |
| Business Day | means a day, other than a Saturday, Sunday or public holiday in Scotland, when banks in Edinburgh are open for business; |
| Commission | means the commission payable by the Property Owner to the Property Manager, as defined in the Covering Letter; |
| Covering Letter | means the letter issued to the Property Owner, from time to time, alongside these terms and conditions which details the specific commercial terms of the arrangement; |
| Data Discloser | means party that discloses Shared Personal Data to the other party; |
| Data Protection Legislation | all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); |
| Gross Booking Fees | means the total booking fees paid by Guests in respect of the Property and any Stay, including but not limited to gross nightly fees, any Ancillary Fees, any cleaning fee, any booking fee, payment processing fee or other similar surcharges necessary for the administration of the booking (for the avoidance of doubt, any Ancillary Fees, any cleaning fee, any booking fee, payment processing fee or other similar surcharges necessary for the administration of the booking shall not be itemised on the Property Owner’s statement); |
| Guest(s) | means the individual(s) who are completing the Stay; |
| Net Booking Fees | means the Gross Booking Fees, less any charges or commission payable to any Booking Supplier (which, for the avoidance of doubt shall not itemised on the Property Owner’s statements); |
| Permitted Recipients | the Property Manager, the Property Owner, the employees of each, and any third parties engaged to perform obligations in connection with this Agreement; |
| Property | means any property marketed and managed by the Property Manager as agent for the Property Owner and as confirmed in the Covering Letter. Where the Property Manager markets and manages more than one property for the Property Owner, any reference to “Property” shall be deemed to include each such property individually and all such properties collectively; |
| Property Manager | means Short Stay St. Andrews Limited, registered in Scotland under companies number SC606826 and having its registered office at 195 South Street, St. Andrews, Scotland, KY16 9EE. Short Stay St. Andrews Limited acquired East Fife Holiday Homes Limited in November 2025 and, accordingly, all property owners registered with East Fife Holiday Homes Limited are subject to these terms and conditions; |
| Property Owner | means the person(s) who have registered with the Property Manager for provision of the Services at the Property as identified in the Covering Letter; |
| Property Owner Disbursements | means the amounts payable by the Property Manager to the Property Owner under Clause 6, which shall be the Net Booking Fees less the Commission and any other charges incurred by the Property Manager on behalf of the Property Owner; |
| Privacy and Cookie Policy | means the Property Manager’s privacy and cookie policy, which can be accessed here: Our Privacy Policy | Short Stay St Andrews; |
| Services | means the services to be provided by the Property Manager to the Property Owner under this Agreement, as detailed in the in the Covering Letter; |
| Shared Personal Data | means the personal data to be shared between the Property Manager and the Property Owner under clause 8.2 of this Agreement. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject: (i) names, ages, addresses, personal contact details (including email, phone number, National Insurance Number etc.); (ii) ID documents (such as driving licence and passport); and (iii) payment information (such as credit card details); |
| Start Date | means the start date for the Services as defined in the Covering Letter; |
| Stay | means the period of time the Guest(s) has booked to stay in the Property; |
| UK GDPR | has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018; |
| VAT | means value added tax chargeable in the UK; and |
| Website Terms | means the Property Manager’s website terms and conditions, which can be accessed here: Our Terms and Conditions | Short Stay St Andrews. |
- PROPERTY MANAGER SERVICES
2.1 Subject to the terms of this Agreement, the Property Manager agrees to provide the Property Owner the Services from the Start Date on an ongoing basis, unless or until the Agreement is terminated.
2.2 The Services will include (but are not limited to):
2.2.1 Profile creation and listing setup, including professional photography, drone imagery (where applicable) and copywriting.
2.2.2 Multi-channel distribution via our Booking Software.
2.2.3 Revenue management to maximise achieved annual revenue.
2.2.4 Collection of payment from the Guest using our secure payment platforms.
2.2.5 Liaison with guests at the point of enquiry, confirmation of booking and during their Stay.
2.2.6 Provision of a self check-in service with information including the access information presented in a time-activated digital property guide.
2.2.7 Provision of an on-call service, available 24/7, to handle queries and any issues that may arise during a Stay. We reserve the right to outsource this service out of normal working hours.
2.2.8 Provision of proactive and reactive maintenance to handle any issues that may arise during a Stay.
2.2.9. Provision of Housekeeping Services between guest Stays.
2.2.10 Installation of a wifi access point to collect Guest data for remarketing purposes, in accordance with our Privacy and Cookie Policy.
2.2.11 The Property Manager can also offer a range of additional chargeable services, including (but not limited to):
(a) Waste or recycling removal – this is chargeable per black bag size load; or putting out and retrieval of bins per visit
(b) Window cleaning
(c) Bedding laundry
(d) Garden maintenance
(e) Carpet and Upholstery cleaning
(f) Professional oven cleaning
(g) Decoration
(h) Light Refurbishment
(i) Property deep cleaning inc moving furniture
(j) Curtain cleaning
(k) Bed cleaning
2.2 The Property Manager undertakes to the Property Owner to use reasonable skill and care in the provision of the Services.
2.3 The Property Manager shall be entitled, acting reasonably, to temporarily or permanently stop providing the Services, and/or marketing and accepting bookings for the Property if it becomes aware of any health and safety or quality related issues (including repeated complaints) with the Property and/or its surroundings, or any non-compliance such in relation to short term let license, compulsory certification etc.
2.4 The Property Manager shall be entitled to display relevant marketing, promotional, or informational materials within the Property during the provision of the Services, in such locations and format as the Property Manager reasonably considers appropriate.
- AGENT ARRANGEMENTS
3.1 The Property Manager shall act as the sole and exclusive agent of the Property for the purposes of short term letting. All contracts for lettings of the Property are between the Property Owner and the Guest.
3.2 For the avoidance of doubt, the Property Manager shall also act as the sole and exclusive agent of the Property for the duration of any golfing event taking place in and around Fife, including but not limited to the Open Championship, the Alfred Dunhill Links Championship, the Senior Open, the Women’s Open etc.
3.3 The Property Owner acknowledges and agrees that the Property Manager can accept bookings for the Property (as the agent) without contacting the Property Owner first.
- PROPERTY OWNER OBLIGATIONS
4.1 The Property Owner agrees that, for the term of this Agreement:
4.1.1 it is the legal owner of the Property or otherwise holds all necessary rights, consents, and permissions to let the Property;
4.1.2 it will provide the Property Manager with complete, accurate and timely information about the Property, the Guest(s) (if applicable) and other information reasonably requested by the Property Manager or which the Property Owner considers relevant for the supply of the Services;
4.1.3 at the commencement of the Services, it will deliver to the Property Manager a copy of the keys to the Property. The Property Manager shall be entitled to make up to four copies of the Property keys, such cost to be borne by the Property Owner and invoiced the following month after which the copy is made;
4.1.4 it will communicate and cooperate with the Property Manager with regard to the provision of the Services;
4.1.5 the Property complies with all applicable laws and regulations, including but not limited to, confirming that all electrical and gas installations, equipment (including swimming pools and hot tubs) and appliances are regularly checked and maintained;
4.1.6 Guests will have exclusive access to the Property for the duration of their Stay, subject to the Guest(s) allowing the Property Manager, Property Owner or any of their representatives, access to the Property if reasonably required;
4.1.7 it will maintain adequate insurance in respect of the Property and the Stay;
4.1.8 it will notify the Property Manager if it is, or has become, a resident outside the United Kingdom for more than six months in a year;
4.1.9 it will provide appropriate furniture and equipment for the Property;
4.1.10 it will inform the Property Manager if any changes are made to the Property which could make the description of the Property on the Property Manager’s website inaccurate or misleading;
4.1.11 it will comply with all relevant statutory regulations and requirements, including as required by the local council’s Short Term Let Licencing regime. This includes, but it is not limited to:
(a) confirming that all electrical and gas installations, equipment (including swimming pools and hot tubs) and appliances are and will be regularly checked and maintained;
(b) maintaining valid Portable Appliance Testing (PAT) reports;
(c) maintaining valid Electrical Installation Condition Reports (EICR);
(d) maintaining a valid Energy Performance Certificate (EPC);
(e) maintaining a valid Legionella risk assessment;
(f) carrying out fire risk assessments;
(g) ensuring there is an ease of escape keyless front door lock; and
(h) any other mandatory or compulsory conditions that may be imposed by Fife Council from time to time.
4.2 The Property Owner shall be responsible for ensuring the Property is compliant with current holiday let and property class use. The Property Manager shall maintain a register of all relevant compliance documentation and may provide assistance to the Property Owner with compliance as agreed with the Property Owner. Where the Property Manager provides such assistance, the Property Manager and the Property Owner shall agree any costs and billing arrangements in this regard.
4.3 The Property Owner shall ensure that no decorative or non-functional keys are left in any door lock at the Property, whether by the Property Owner or any third party.
- BOOKINGS
5.1 The Property Manager will manage booking requests in relation to the Property, whether made through the Property Manager’s own booking platform or through a Booking Supplier. The Property Manager shall make the Property available for bookings on the Available Booking Dates only.
5.2 The Property Manager is not obliged to provide an update to the Property Owner on each booking confirmation. Details of the Property Owner’s bookings are provided on the Booking Software.
5.3 If the Property Owner accepts a booking for any reason otherwise than in accordance with the terms of these terms and conditions (whether a charge is made by the Property Owner or not) the Property Owner will pay the Property Manager Commission for those bookings as if they were bookings made for a Guest at the applicable accommodation price for the Property, as detailed on the Property Manager’s websites for such period(s).
5.4 The Property Manager shall be entitled to:
5.4.1 set and adjust any Ancillary Fees including cleaning fees;
5.4.2 set all nightly, seasonal and event rates and adjust them accordingly in order to maximise revenue;
5.4.3 offer reasonable discounts or promotional rates to guests where appropriate. This may include newsletter discounts, last-minute promotional rates, early bird promotional rates, golf tour operator rates and OTA initial guest discounts and other promotional rates; and
5.4.4 use dynamic pricing software and charge a booking surcharge to the guest.
5.5 Where a Guest booking is made through a Booking Supplier, the provision of the Services shall be subject to the Booking Supplier’s terms and conditions. Any charges payable for such services shall be included in the accommodation fees quoted by the Booking Supplier and The Property Manager will pass on any increase in charges by the Booking Supplier to the Property Owner.
- CHARGES AND PAYMENT
6.1 The Property Manager shall receive and hold all Net Booking Fees and shall deduct any Ancillary Fees, the Commission, and any other costs incurred by the Property Manager on behalf of the Property Owner from the Net Booking Fees.
6.2 Booking Suppliers deduct their own commission from the gross rental (including ancillary fees). These commission rates and the manner in which they are applied are set by the Booking Suppliers and are out with the control of the Property Manager.
6.3 Guests pay Ancillary Fees directly to the Property Manager at the time of booking. The Property Manager uses Ancillary Fees to facilitate things including, but not limited to, turnovers between Stays; provision of Guest supplies including linen replenishment; condiment restocking; bathroom supplies restocking; provision of dynamic pricing; damage waivers; early check ins/late check outs; baby products, such as cots or high chairs; dog cleaning charges; additional in-stay cleans requested by Guests; and card processing costs. As these costs are incurred directly by the Property Manager in the course of delivering the Services they are charged to the Guest and not the Property Owner. As such, they are not included as either income or an expense on the Property Owner’s statement. The Property Manager pays VAT on all ancillary services.
6.4 The Property Manager shall pay the Property Owner Disbursements to the Property Owner monthly in arrears, to the bank account notified by the Property Owner. The Property Manager shall also provide a monthly statement to the Property Owner which shall be available on the Booking Software approximately two weeks prior to each monthly disbursement to the Property Owner. The Property Owner shall advise the Property Manager of any errors or queries regarding the statement prior to the monthly payment date of the Property Owner Disbursements. Such statement shall include the following information:
6.4.1 details of each confirmed booking relevant to the Property made within the period following the previous monthly statement including details of the Net Booking Fees;
6.4.2 the relevant Commission and the VAT chargeable on the Commission, if applicable;
6.4.3 any other costs incurred on the Property Owner’s behalf; and
6.4.4 the Property Owner Disbursements paid to the Property Owner.
6.5 All amounts payable to the Property Manager under this Agreement, including the Commission are stated exclusive of VAT unless expressly stated otherwise.
6.6 The first Property Owner Disbursement shall be made on the final Business Day of the first full calendar month after the date on which the Services commence.
6.7 Any subsequent Property Owner Disbursements shall be paid into the Property Owner’s designated bank account no later than the 14th day of the calendar month immediately following the month in which the relevant monies are received by the Property Manager or, where such day is not a Business Day, payment shall be made on the following Business Day.
6.8 Any bank transfer fees, charges or costs incurred in making payments to the Property Owner including, but not limited to, international transfer fees, intermediary or receiving bank charges, and currency conversion costs, shall be deducted from the amounts otherwise payable to the Property Owner.
6.9 The cancellation of a booking by a Guest does not release the Property Owner from the obligation to pay the Commission.
6.10 Without prejudice to any other right or remedy that the Property Manager may have, if the Property Owner fails to pay the Property Manager any sum due under this Agreement by the due date:
6.10.1 the Property Owner shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 6.8.1 will accrue each day at 5% a year above the Bank of England base rate from time to time, but at 5% a year for any period when that base rate is below 0%; and
6.10.2 the Property Manager may suspend all or part of the Services until payment has been made in full.
6.11 All sums payable to the Property Manager under this Agreement be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- PROPERTY VISITS
7.1 The Property Owner shall permit the Property Manager, and any duly authorised representative of the Property Manager, to enter and inspect the Property at all reasonable times for the purposes of performing the Services including, but not limited to, routine inspections, responding to complaints, carrying out or arranging maintenance and verifying the condition of the Property.
7.2 Except in the case of an emergency and outside the course of performing the Services, the Property Manager shall give the Property Owner reasonable prior notice of its intention to attend the Property and shall use reasonable endeavours to agree a mutually convenient time. In the event of an emergency, or where the Property Manager reasonably believes that urgent access is required to prevent damage to the Property or neighbouring premises, or to protect the safety of any person, the Property Manager may enter the Property at any time without prior notice.
7.3 The Property Manager shall use reasonable endeavours to minimise disruption when exercising its rights under this clause 7.
- DATA PROTECTION
8.1 For the purposes of this clause 8, controller, processor, data subject, personal data, personal data breach, processing and appropriate technical and organisational measures have the meanings given to them in the Data Protection Legislation.
8.2 Shared Personal Data: This clause sets out the framework for the sharing of personal data between the Property Manager and the Property Owner as controllers. Each party acknowledges that one party (referred to in this clause as the Data Discloser) will regularly disclose to the other party Shared Personal Data collected by the Data Discloser for the Agreed Purposes.
8.3 Effect of non-compliance with Data Protection Legislation: The Property Manager and the Property Owner shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this Agreement with immediate effect.
8.4 Particular obligations relating to data sharing: Each party shall:
8.4.1 ensure that it has all necessary notices and consents and lawful bases in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;
8.4.2 give full information to any data subject whose personal data may be processed under this agreement of the nature of such processing. This includes giving notice that, on the termination of this Agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;
8.4.3 process the Shared Personal Data only for the Agreed Purposes;
8.4.4 not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;
8.4.5 ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this Agreement;
8.4.6 ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the other party, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
8.4.7 not transfer any personal data received from the Data Discloser outside the UK unless the transferor ensures that (i) the transfer is to a country approved under the applicable Data Protection Legislation as providing adequate protection; or (ii) there are appropriate safeguards or binding corporate rules in place pursuant to the applicable Data Protection Legislation; or (iii) the transferor otherwise complies with its obligations under the applicable Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; or (iv) one of the derogations for specific situations in the applicable Data Protection Legislation applies to the transfer.
8.5 Mutual assistance: The Property Manager and the Property Owner shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:
8.5.1 consult with the other party about any notices given to data subjects in relation to the Shared Personal Data;
8.5.2 promptly inform the other party about the receipt of any data subject rights request;
8.5.3 provide the other party with reasonable assistance in complying with any data subject rights request;
8.5.4 not disclose, release, amend, delete or block any Shared Personal Data in response to a data subject rights request without first consulting the other party wherever possible;
8.5.5 assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, personal data breach notifications, data protection impact assessments and consultations with the Information Commissioner or other regulators;
8.5.6 notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;
8.5.7 at the written direction of the Data Discloser, delete or return Shared Personal Data and copies thereof to the Data Discloser on termination of this agreement unless required by law to store the Shared Personal Data;
8.5.8 use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;
8.5.9 maintain complete and accurate records and information to demonstrate its compliance with this clause and allow for audits by the other party or the other party’s designated auditor; and
8.5.10 provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the joint training of relevant staff, the procedures to be followed in the event of a data security breach, and the regular review of the parties’ compliance with the Data Protection Legislation.
8.6 Indemnity: Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the breach of the Data Protection Legislation by the indemnifying party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it. The liability of the indemnifying party under this clause shall be subject to the limits set out in clause 9.
- LIABILITY
9.1 Nothing in this Agreement limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence, and fraud or fraudulent misrepresentation.
9.2 Subject to clause 9.1, the Property Manager’s total liability to the Property Owner, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement and the provision of the Services (including, but not limited to, Property damage, damage to items at the Property) shall be limited to the actual commission paid by the Property Owner to the Property Manager in respect of the Property in the preceding twelve months.
9.3 Subject to clause 9.1, the Property Manager shall not be liable in respect of any matter arising under or in connection with a booking between a Guest and the Property Owner or a booking made through a Booking Supplier.
9.4 The Property Manager shall not be liable if any of the Services requested by a Property Owner are unavailable or for the provision of the Services by third party suppliers.
9.5 Subject to Clause 9.7, the Property Manager shall not be liable for any loss, theft, damage, or breakage to any items located at the Property, including without limitation valuable, fragile, or personal items, whether caused by Guests, third parties, or otherwise, save where such loss or damage is directly caused by a deliberate act or omission by the Property Manager. The Property Owner is strongly advised to remove all items of significant monetary or sentimental value prior to the commencement of the Services and the admission of Guests, or to ensure that such items are adequately insured.
9.6 The Property Manager shall not be responsible for normal wear and tear or for ‘general shrinkage’ at the Property arising during the provision of the Services, including, but not limited to the loss, breakage, or depletion of low-value household items such as crockery, cutlery, glassware, linens, and consumables. The Property Owner acknowledges that such general shrinkage is an inherent risk of short-term letting and agrees that it shall be its responsibility to monitor, replenish, and replace such items as necessary to maintain the standard of the Property.
9.7 The Property Manager agrees to cover up to £250 of costs for damage incurred to the Property or items located at the Property during a Stay for any bookings for the Property made directly with the Property Manager. For bookings made via Booking Suppliers, the Property Manager shall seek to recover costs directly from the Booking Supplier. Where this is not possible, or where the costs exceed the compensation provided by the Booking Supplier, the Property Manager shall cover up to £250 of costs or supplement the compensation provided by the Booking Supplier by up to £250. In the event that the costs associated with the damage exceed £250, the Property Manager shall determine at its sole discretion whether to make any further contribution towards the costs.
9.8 By providing the Property Manager with keys, access codes, or other means of entry to the Property, the Property Manager is authorised to grant access to the Property to its employees, contractors, and agents as reasonably required for the provision of the Services. All such access shall be at the Property Owner’s risk.
9.9 Subject to clause 9.1, the Property Manager shall not be liable in respect of a Property Owner’s:
9.9.1 loss of profits (including loss of anticipated savings);
9.9.2 loss of business or business opportunity;
9.9.3 loss of use or corruption of software, data or information;
9.9.4 loss of or damage to goodwill; or
9.9.5 indirect or consequential loss.
- TERMINATION BY THE PROPERTY MANAGER
10.1 The Property Manager may terminate this Agreement at any time by giving the Property Owner four weeks’ written notice. Should any Stays be booked at the Property further in advance than four weeks, the Property Manager shall determine in its sole discretion what action to take regarding such bookings, which will normally involve re-allocating the Stay to one of the Property Manager’s other properties.
10.2 Without affecting any other right or remedy available to it, the Property Manager may terminate this Agreement with immediate effect by notifying the Property Owner if:
10.2.1 the Property Owner commits a material breach of any term of this Agreement that:
(a) is not capable of remedy; or
(b) if capable of remedy, is not remedied within a period of 28 days by the Property Owner after being notified to do so; or
10.2.2 the Property Owner fails to pay any amount due under this Agreement by the due date for payment and remains in default not less than 14 days after being notified to make that payment.
- TERMINATION BY THE PROPERTY OWNER
11.1 The Property Owner may terminate this Agreement by giving not less than 60 days’ prior written notice to the Property Manager. Should any Stays be booked at the Property further in advance than four weeks, the Property Manager shall determine in its sole discretion what action to take regarding such bookings, which will normally involve re-allocating the Stay to one of the Property Manager’s other properties.
11.2 Notice to terminate this Agreement must be made by the Property Owner in writing (or by email, to the email address provided in clause 13.1, or as amended by the Property Manager from time to time). The final Property Owner Disbursement shall be made to the Property Owner in the usual manner and in accordance with clause 6.
11.3 Upon termination, for any reason, the Property Manager shall terminate the Property Owner’s account on the Booking Software and shall cease to provide the Services.
11.4 Charges in respect of the Services up to the date of termination shall be payable immediately following termination and upon receipt of the final invoice.
11.5 The Property Owner shall be liable for any outstanding commission(s) and relocation costs due to Booking Suppliers as a result of its termination of this Agreement.
- FEEDBACK & COMPLAINTS
12.1 The Property Manager is committed to ensuring early resolution of any concerns raised by a Property Owner regarding the Services. In the event of any complaint, the Property Owner should contact one of the Directors of the Property Manager using the contact details in Clause 13 below and that Director shall act as the point of contact and endeavour to resolve the matter promptly.
- PROPERTY MANAGER CONTACT DETAILS
13.1 Email: clients@shortstay.family
13.2 Phone: 01334 845 845
- FORCE MAJEURE
Neither the Property Manager nor the Property Owner will be held responsible or liable, or be deemed to be in default or breach of this Agreement, for any delay, failure or inability to meet its obligations under this Agreement (other than any obligation to pay money) caused by or arising from any cause that is unavoidable or beyond the reasonable control of the party, including war, war-like operations, riot, insurrection, orders of the government, strikes, lockouts, public health emergencies, quarantines, disturbances or any act of God or other cause which frustrates the performance of this Agreement.
- NO PARTNERSHIP OR AGENCY
The Property Manager is appointed as an independent contractor for the Property Owner. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the Property Manager and Property Owner, constitute the Property Manager and Property Owner as the agent of the other party.
- ENTIRE AGREEMENT
16.1 This Agreement, the Covering Letter, the Website Terms, Privacy and Cookie Policy (and any documents referred to therein), each as amended from time to time, constitute the entire agreement between the Property Manager and Property Owner and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, and understandings between them, whether written or oral, relating to its subject matter.
16.2 The Property Manager and Property Owner acknowledge that in entering into this Agreement they have not relied on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.
16.3 The Property Manager and Property Owner agree that they shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
- SEVERANCE
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the rest of this Agreement.
- ASSIGNATION AND OTHER DEALINGS
18.1 The Property Manager shall be entitled to assign, novate or transfer or otherwise deal in any of its rights or obligations under this Agreement to any person to which it transfers its business and/or that part of its business to which this agreement relates.
18.2 The Property Owner shall not be entitled to assign, novate or transfer or otherwise deal in any of its rights or obligations under this Agreement.
- AMENDMENTS
19.1 The Property Manager reserves the right to make amendments or additions to these terms and conditions at any time and without notice.
19.2 A copy of the most recent version of this Agreement will be included on the Booking Software and/or emailed to the Property Owner’s registered email address. By continuing the use of the Services, the Property Owner is deemed to have accepted the terms of this Agreement.
- GOVERNING LAW
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with Scots law.
- JURISDICTION
The Property Manager and Property Owner irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.