This agreement is between the Guest named on the Domus Stay Booking Confirmation Form (the “Booking Confirmation”) and the owner of the property (the “Homeowner”). Domus Stay is the Homeowner’s Agent (“Agent”) for the purpose of this Agreement but is not the Homeowner. Details of the Property are set out in the Booking Confirmation (the “Property”). The booking period or date range (the “Stay”) is indicated in the Booking Confirmation.
The full name and nationality is required for all guests over 16 and passport number for all non-UK residents as set out in Booking Confirmation.
The Homeowner and the Guest agree as follows:
1. The Homeowner lets to the Guest the Property and the contents together with the services specified in the Booking Confirmation received at the time of the Booking, and any additional services booked by the Guest at the time of making the reservation or subsequently thereafter with Domus Stay for the Term under the Guest Services Agreement upon payment of the Accommodation Fee in full in cleared funds no less than 21 days prior to the commencement of the Agreement. Furthermore, where a Booking is made after 21 days prior to the commencement of your Booking, the full cost is required immediately from you at the point of Booking. The Guest is not under any obligation to use all the parts of the Services provided.
2. This Agreement is a licence to occupy (“License”) the Property during the agreed Stay stated in the Booking Confirmation. In consideration for compliance by you with the terms of this Agreement, you are permitted to occupy the Property for the Stay as a licensee. For the purposes of this Agreement the licensee is referred to as a Guest (the “Guest”). You acknowledge that you are permitted by this Agreement to occupy the Property as a licensee and that no relationship of landlord and tenant is created between the Homeowner and you. This Agreement does not grant a tenancy. You are not and will not be a tenant of the Property and you shall not be entitled to exclusive occupation of the Property.
3. The Guest agrees to observe and comply with these conditions and those set out in the Booking Confirmation.
4. The Guest in addition agrees to pay all additional fees for services reserved with Domus Stay and allows Domus Stay to deduct any such amounts from the debit card or credit card provided at the time of making the Booking.
5. This Agreement details the obligations between the Homeowner as the owner of the Property or legally instructed on behalf of the owner and authorised by the owner to agree rentals of the Property on the owner’s behalf with the Guest or their representative.
6. If the Guest uses an agent to make a Booking on the Guest's behalf the Guest warrants and represents to Domus Stay and the Host that the agent has irrevocable authority from the Guest to make the Booking on the Guest's behalf and bind the Guest to the terms of the Accommodation Agreement and Guest Services Agreement.
The Guest agrees as follows:
6. Accommodation Fee and Additional Costs
6.1. To pay Domus Stay (on behalf of the Homeowner), an amount equivalent to 50% of the total Accommodation Fee at the point of making the Booking. Thereafter the Guest agrees to pay the remaining balance due 21 days prior to the booking. Where a Booking is made 21 days or less prior to the booking the full Accommodation Fee shall be paid immediately. No refunds will be given on early departure.
6.2. To pay Domus Stay (on behalf of the Homeowner), the Accommodation Fee without deductions in advance at the start of each and any extension of the Agreement agreed with Domus Stay on behalf of the Homeowner.
6.3. To pay Domus Stay upon receipt of a written, or electronic demand any charges together with VAT for the provision of additional facilities or services requested by the Guest either at the start, during, or at the end of the Agreement / booking.
6.4. To compensate the Homeowner for any damage or loss suffered by any action or inaction of the Guest, his family visitors or any person on or in the Property with or without the consent of the Guest.
6.5. The damage deposit means a sum of money paid by the Guest (see below) to the Agent as a deposit to be paid either on or before the commencement of the booking (the “Damage Deposit”). Payment of the Damage Deposit is to be made by credit card, debit card or bank transfer. The Damage Deposit will be held by the Domus Stay throughout the Stay and any extension of it. The Homeowner shall be entitled to ask Domus Stay to make any deductions from the Damage Deposit to compensate the Homeowner for any damage, loss or outstanding bills. The Damage Deposit or any balance will be returned to the Guest as soon as is administratively possible following the end of the Stay. To the extent the Damage Deposit is not sufficient the Guest will be liable for the further amount.
6.6. The reservation fee means a sum of money paid by the Guest to the Agent which covers all administrative charges associated with processing and securing the Stay (the “Reservation Fee”). The Reservation Fee is payable at the time of booking, and is non-refundable.
6.7. To agree that all fees and charges will be collected by Domus Stay on behalf of the Homeowner.
7. Cancellation Policy
7.1 In the event that the Guest cancels the Booking, the following charges will be applicable:
Guests may cancel at no charge, up to 30 days prior to arrival
50% cancellation fee of the total Accommodation Fee will apply from 29 to 22 days prior to arrival
100% fee of the total Accommodation Fee will apply for bookings cancelled within 21 days of arrival.
7.2 Stays of 90+ days are handled on case by case basis.
7.3 The Guest agrees that after commencement of the Stay the Accommodation Agreement cannot be cancelled and if terminated earlier the Guest remains liable for the Accommodation Fee or the whole period of the Stay. Subsequently cancellation or any extension of the Stay is subject to written notice from the Guest. The Guest may be liable for additional charges and costs for any cancellation period.
8. Access
8.1. To allow Domus Stay and any authorised contractors or Agents to enter and view the Property for any purpose and to carry out repairs if necessary.
8.2. To allow Domus Stay and any authorised Agent on behalf of Domus Stay access to view the Property with any prospective Guest.
9. Use of the Property
9.1. Any children under the age of 18 will need to be accompanied by an adult at all times
9.2. To keep the Property and the Contents clean and in the same state of repair as at the start of the Agreement.
9.3. Not to alter or decorate or affix anything to the walls of the Property or the Contents; or not to remove, store or dispose of any of the Contents from the Property.
9.4. Not bring into the Property any furniture, fixture or effects without the Homeowner's (or Domus Stay on behalf of the Homeowner) written consent.
9.5. Not to cause or allow others to cause a nuisance or annoyance or create noise audible outside the Property between 10pm and 8am to any occupiers of any adjoining premises or the Homeowner.
9.6. Not to use, consume or allow others to use or consume any drugs or other substance which is, or becomes, prohibited or restricted by law.
9.7. Not to bring into or on the Property or the building of which the Property forms part any appliance or item of an inflammable nature.
9.8 Not to allow children or any person under the Guest’s control to be permitted to play or remain in the common areas including the ground floor entrance lobbies or any other entrance hall passage, landing or staircase leading to the Property or adjoining apartments.
9.9. Not to use or allow others to use any lift including any unsupervised children under the age of twelve years if not accompanied by an adult provided by the Homeowner in a manner which may cause overloading, damage or injury to the lift, the machinery, or any other person; or when use has been prohibited by the Homeowner or his employees.
9.10. Not to smoke or allow others to smoke in the Property or common areas. If the Guest or any other person smokes in the Property then all costs incurred in cleaning the Property will be charged to the Guest including the washing down of the walls and woodwork; cleaning of carpets and curtains and any work necessary to rid the Property of the odour of tobacco.
9.11. Not to use or permit the Property to be used for any profession, business, trade, illegal or immoral purpose.
9.12. Not to assign the Agreement nor share or let the whole or part of the Property.
9.13. Not to allow the Property to be occupied by anyone not forming this agreement, or by more than the number of persons indicated on the Booking Confirmation Form (the “Property Capacity”), unless otherwise agreed with the Homeowner (or Domus Stay on behalf of the Homeowner).
9.14. To acknowledge any instructions given by Domus Stay in relation to the Property and be mindful of potential risks including pools, roof terraces, balconies, gyms and other recreational equipment.
9.15. Not to invade the privacy of the Homeowner nor publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Homeowner (even if such information is already in the public domain).
10. Locks and Security
10.1. To ensure that all external doors to the Property are kept shut during use of the Property; and that all external doors and windows to the Property are closed upon entering and leaving the Property; and locked at all times when the Property is vacant and at night.
10.2. To ensure that the Alarm System (if any) is set with the correct code / process provided at the start of your booking, when leaving the Property vacant for any period of time.
10.3. Not to alter, change or install any locks on any doors or windows in the Property or have any additional keys made; and to pay the cost of replacement locks together with keys if any locks are changed, installed or lost.
11. Inventory
11.1. TTo check and sign the Inventory document (the “Inventory”), being a formal record of property and contents condition, on or before the commencement of the Stay and return it to Domus Stay. To agree, if the Inventory is not signed and returned at the start of the Agreement it shall be deemed to be agreed by the Guest.
11.2. To meet with the Domus Stay if applicable at the end of the Stay to check the Inventory and if the Guest fails to do so Domus Stay will prepare an outgoing check of the Inventory which will be deemed to be agreed and be final and binding on the Guest.
12. Insurance
12.1. To confirm that the Guest is aware that the Homeowner's insurance policy does not cover any personal belongings of the Guest or any other occupiers of the Property. The Homeowner and/or his Agents will not be responsible for any loss or damage to the Guest’s possessions howsoever caused.
12.2. Further to Clause 11.1 above Domus Stay accept no liability for any Damage or Loss suffered. It is recommended that the Guest takes out adequate travel, or equivalent insurance accordingly.
12.3. Nothing in this agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English Law. Any additional liability under or in connection with this agreement, or any other contract, whether in contract, tort or otherwise is excluded.
13. End of the Agreement
13.1. Compensate the Homeowner for all costs incurred in making good any damage to the Property or replacing the Contents specified in the Inventory which have been lost or damaged due to the negligence, damage (including accidental damage), or misuse by the Guest.
13.2. Pay for or reimburse the Homeowner for telephone and pay per view costs incurred (if any) together with any further costs in additionally cleaning the Property and the Contents after the end of the Stay or earlier termination of the Agreement, should it be deemed necessary by Domus Stay.
13.3. Vacate the Property on the last day of the Stay. The Guest shall leave the Property clean, remove all rubbish and return all keys and any other passes.
13.4. Pay the daily rate as set out in the Booking Confirmation to the Homeowner if an extension is not granted to the Agreement but the Guest remains in the Property after the end of the Stay. To avoid doubt any payments will not grant continued rights of occupation to the Guest or prejudice any rights of the Homeowner under this Agreement.
13.5. Return all keys, fobs, security devices or any other item enabling access to the Property or the building of which the Property forms part on the last day of the Stay or earlier termination of the Agreement; and pay for the changing of the locks or any security device if keys or security fobs are not returned on the last day of the Stay or earlier ending of the Agreement.
13.6. Agree to remove all belongings on the last day of the Stay or pay the Homeowner the costs incurred of storage. Additional cleaning or removal charges may apply as set by Domus Stay.
14. Interruptions to the Property
If the Property is destroyed or made uninhabitable by fire or any other risk against which the Homeowner has insured, the Property will cease to be payable until the Property is reinstated and rendered habitable.
15. Repossession
If the Guest fails to pay the Accommodation Fee or any other sum due to the Homeowner or is in breach of any of the obligations and conditions of this Agreement; then the Homeowner may at any time re-enter the Property and the Stay shall cease but without affecting any rights or remedies which either party may have against the other.
16. Service of Notices under Statute
16.1. The Homeowner (or Domus Stay acting on behalf of the Homeowner) may serve any notices upon the Guest by leaving it at the Property, or via email to the Guest.
16.2. The Guest may serve any notices on the Homeowner by emailing Domus Stay, or leaving it at or sending it by first class post to the office of Domus Stay, who act as Agent to the Homeowner.
17. Data Protection
Domus Stay is the data controller regarding submission of personal information by the Guest. Domus Stay may divulge information to any other company in the Homeowner’s group; to arrange the Booking and the use of the Property; for provision of services to the Guest; to control keys and security of the Property; to obtain all payments from the Guest; for any other legitimate reason; to comply with statute when requested to any official body or person investigating a crime or to HMRC or other contractual retention period required. Full details of our privacy policy may be found on our website, here.
18. Jurisdiction
This Agreement is subject to the laws of England and Wales and the jurisdiction of the Courts in England and Wales.
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