Holiday home rental management

These Terms & Conditions govern the relationship between North Wales Holiday Rentals Ltd (“NWHR”) and the owners (“Owners”) of properties listed on the nwhr.co.uk website for the purpose of holiday home rental management services. These terms apply to ‘Complete Owners’ and ‘Advertisement Only Owners,’ as defined herein. By listing your property on our website and/or using our services, you agree to be bound by these Terms & Conditions. Owners will select their preferred service level, and the terms specific to that service level will apply.

North Wales Holiday Rentals Ltd

Owner Terms & Conditions

These Terms & Conditions govern the relationship between North Wales Holiday Rentals Ltd (“NWHR”, “we”, “us” or “our”) and the owners (“Owner”, “you” or “your”) of properties listed on the nwhr.co.uk website for the purpose of holiday rental and related management services.

These Terms apply to both Complete Owners and Advertisement Only Owners, as defined below.

By listing your property with NWHR and/or using our services, you confirm that you have read, understood and agree to be bound by these Terms & Conditions.

The services provided to you will depend upon the service level selected when your property is listed with NWHR. Where a provision applies only to a particular service level, this will be stated.

1. Service Description

1.1

NWHR provides holiday rental advertising and management services to property owners. The specific services provided will depend upon the service level selected by the Owner.

1.2 Complete Owner Service

The Complete Owner Service may include:

• initial consultation and ongoing owner support;
• advertising the property on the NWHR website and relevant social media platforms;
• management of the NWHR booking diary;
• communication with prospective and confirmed guests;
• collection and management of the guest security deposit;
• guest concierge and reasonable assistance with guest enquiries or emergencies;
• provision of check-in and check-out information;
• communication with guests before, during and after their stay;
• arranging changeover and/or deep cleans where required;
• post-departure property checks and reporting of issues identified;
• assistance with damage claims and communication with guests regarding damage; and
• other reasonable services agreed between NWHR and the Owner.

1.3 Advertisement Only Service

The Advertisement Only Service may include:

• initial consultation and ongoing owner support;
• advertising the property on the NWHR website and relevant social media platforms;
• management of the NWHR booking diary;
• collection and management of the guest security deposit; and
• communication of booking information to the Owner.

Under the Advertisement Only Service, the Owner remains responsible for the property’s preparation, cleaning, guest communications following booking where applicable, check-in arrangements, maintenance and dealing directly with guest issues relating to the property.

1.4

NWHR may update, amend or reasonably adjust the services it provides where necessary for operational, legal, regulatory, insurance or business reasons, subject to the variation provisions contained within these Terms.

2. Role of NWHR

2.1

NWHR acts as a holiday rental advertising and management agent in accordance with the service level selected by the Owner.

2.2

NWHR will provide its services with reasonable care and skill. However, NWHR cannot guarantee:

• that a property will receive bookings;
• that a guest will behave appropriately;
• that a property will remain free from damage, loss or theft;
• that a guest will comply with all booking or property rules;
• that all damage or loss will be identified immediately following a stay;
• that a guest will pay an amount invoiced for damage or other charges; or
• that any outstanding amount owed by a guest will ultimately be recovered.

2.3

Guests and hirers remain responsible for their own actions and for complying with the applicable guest Terms & Conditions.

2.4

Except where caused by NWHR’s own negligence, breach of contract or other liability which cannot legally be excluded, NWHR is not responsible for:

• damage caused by guests;
• theft or loss of an Owner’s property;
• unpaid guest charges;
• excessive cleaning required following a guest stay;
• accidental damage;
• wear and tear;
• loss of rental income;
• guest behaviour; or
• any other loss arising from the acts or omissions of a guest.

2.5

NWHR is not a debt collection agency and does not act as the Owner’s solicitor or legal representative.

2.6

Where an amount owed by a guest exceeds the security deposit held by NWHR, the Owner remains responsible for deciding whether further recovery action is appropriate and, where necessary, taking such action directly or through a solicitor, insurer or debt recovery provider.

2.7

NWHR may provide reasonable assistance in relation to an outstanding guest balance, including communicating with the guest and providing relevant evidence held by NWHR, but such assistance does not make NWHR responsible for recovering the debt.

3. Service Duration

3.1

The service begins when the Owner accepts these Terms and/or when NWHR accepts the property for listing and will continue until terminated in accordance with these Terms.

3.2

The Owner may request removal of their property from the NWHR website by giving at least one month’s written notice by email to info@nwhr.co.uk.

3.3

The removal date will be one month after NWHR acknowledges receipt of the termination request, unless otherwise agreed in writing.

3.4

NWHR may remove a property from the website or terminate the relationship by giving one month’s written notice.

3.5

NWHR may suspend or terminate services immediately where the Owner:

• materially breaches these Terms;
• fails to maintain appropriate insurance;
• fails to provide required safety or compliance documentation;
• provides inaccurate or misleading information;
• allows the property to become unsafe or unsuitable for guests;
• acts in a way that could reasonably damage NWHR’s reputation or business;
• fails to pay amounts owed to NWHR; or
• otherwise creates a legal, regulatory, safety or operational risk for NWHR.

3.6

Following termination:

• NWHR will stop advertising the property from the agreed removal date;
• outstanding amounts owed between the parties must be settled within seven days unless otherwise agreed;
• existing confirmed bookings will remain the responsibility of the Owner unless otherwise agreed;
• the Owner must fulfil existing confirmed bookings or reimburse NWHR for reasonable costs incurred in relocating affected guests where the Owner is responsible for cancellation; and
• any outstanding guest damage claim will be dealt with in accordance with these Terms and the applicable guest Terms & Conditions.

4. Fees and Payment

4.1

A yearly listing fee of £99 is payable by the Owner.

4.2

The annual listing fee is payable in advance and is normally due by 1 January each year.

4.3

Where a property is added part-way through a calendar year, NWHR may charge a pro-rata listing fee.

4.4

The Owner is responsible for the following charges, depending upon their selected service:

Complete Owner:

• changeover cleaning;
• deep cleaning;
• ad-hoc carpet or upholstery cleaning;
• other agreed cleaning or property-related services; and
• 15% of the total booking value generated through NWHR.

Advertisement Only Owner:

• 13% of the total booking value generated through NWHR; and
• any other services specifically agreed with the Owner.

4.5

NWHR may deduct applicable commission, cleaning costs, agreed expenses and other sums owed by the Owner from rental income before payment is made to the Owner.

4.6

Owner payments are normally made monthly by bank transfer around the first day of the following month.

4.7

Rental income will normally include bookings where the guest departure date falls before the monthly payment date.

4.8

Where a booking spans more than one calendar month, the relevant rental income will normally be accounted for in the month in which the relevant stay or departure falls, as applicable to NWHR’s accounting process.

4.9

If the Owner owes money to NWHR, NWHR may:

• withhold future rental payments;
• suspend advertising or bookings;
• require immediate payment; and/or
• instruct a third-party debt recovery provider.

The Owner will remain responsible for reasonable costs incurred by NWHR in recovering amounts owed where legally recoverable.

5. Booking and Payment Procedures

5.1 Complete Owner

For Complete Owners:

5.1.1

Bookings will normally be made through the NWHR website.

5.1.2

A booking becomes confirmed when NWHR issues a Booking Confirmation to the guest.

5.1.3

The guest will pay the required booking deposit and/or balance in accordance with the applicable guest booking terms.

5.1.4

NWHR will provide the guest with the relevant booking information, welcome information, property information and applicable guest Terms & Conditions.

5.1.5

NWHR will provide the guest with relevant check-in information.

5.1.6

NWHR will communicate with the guest where reasonably required before, during or following the stay.

5.1.7

Following departure, NWHR may arrange or undertake a property inspection and/or receive reports from cleaners or other representatives.

5.1.8

Any security deposit deductions will be dealt with in accordance with the guest Terms & Conditions.

5.2 Advertisement Only Owner

For Advertisement Only Owners:

5.2.1

Bookings will normally be made through the NWHR website.

5.2.2

NWHR will communicate booking details to the Owner.

5.2.3

The Owner may be responsible for issuing booking confirmation and relevant property information where agreed.

5.2.4

The guest will pay the required security deposit in accordance with the applicable guest Terms & Conditions.

5.2.5

The Owner will provide relevant guest information and welcome information where this forms part of the Advertisement Only service.

5.2.6

The Owner will provide check-in information where applicable.

5.2.7

The Owner remains responsible for guest communications and dealing with property-specific matters following booking, unless otherwise agreed.

5.2.8

The property will be inspected following departure where this forms part of the agreed service. Any security deposit deductions will be dealt with in accordance with the guest Terms & Conditions.

6. Cancellation Policies

6.1

Guest cancellations are subject to the cancellation policy published on the NWHR website and/or included within the guest’s booking Terms & Conditions at the time of booking.

6.2

Guest cancellations must normally be made through the NWHR website or in writing to NWHR.

6.3

If NWHR is required to cancel a confirmed booking due to an issue within NWHR’s control, NWHR may seek to offer the guest:

• a replacement property of the same or similar type and value;
• a replacement property of lower value together with a refund of the difference;
• a replacement property of higher value subject to payment of the difference by the guest; or
• a full refund where a suitable replacement cannot be provided.

6.4

If an Owner cancels a confirmed booking without a guest-related reason, the Owner may be responsible for:

• providing the guest with a full refund within 24 hours;
• a £100 cancellation fee; and
• reasonable rebooking or relocation costs incurred by NWHR, up to £150, where applicable.

6.5

The Owner acknowledges that cancellation of a confirmed booking can result in financial loss, inconvenience and reputational damage to NWHR and the guest.

7. Property Inventory and Condition

7.1

The Owner must provide NWHR with an accurate description and inventory of the property and its contents.

7.2

Owners are strongly advised not to leave personal, sentimental, irreplaceable or high-value possessions within a property offered for holiday rental.

7.3

The Owner acknowledges that guests will have access to the property and that, despite reasonable precautions, damage, loss or theft may occur.

7.4

The Owner is responsible for ensuring that the property is:

• suitable for holiday occupation;
• safe;
• clean and hygienic;
• adequately maintained;
• appropriately furnished;
• fit for its advertised purpose; and
• supplied with the necessary facilities and equipment.

7.5

The Owner must promptly notify NWHR of any pre-existing damage, defects or issues which could affect a guest’s stay.

7.6

The Owner must ensure that descriptions, photographs, facilities and other information supplied to NWHR are accurate and kept up to date.

7.7

NWHR may advise an Owner where an item appears to require replacement due to fair wear and tear. The cost of replacement remains the Owner’s responsibility unless the cost can reasonably be attributed to guest damage and recovered in accordance with the guest Terms & Conditions.

8. Maintenance and Repairs

8.1

The Owner is responsible for the general maintenance, upkeep and repair of the property, its fixtures, fittings, appliances and external areas.

8.2

Where authorised by the Owner, NWHR may arrange maintenance, repairs or other works through local contractors.

8.3

The cost of such work will normally be payable by the Owner.

8.4

NWHR may arrange urgent works without prior approval where reasonably necessary to protect guests, prevent further damage or make a property safe, particularly where the Owner cannot reasonably be contacted.

8.5

The Owner remains responsible for the cost of emergency repairs required as a result of the condition of the property, unless the cost is otherwise recoverable from a guest or third party.

8.6

NWHR may use third-party cleaners and contractors as part of its Complete Owner service.

8.7

Under the Advertisement Only service, the Owner remains responsible for arranging cleaning and ensuring that the property is ready for guests.

8.8

NWHR is not responsible for ordinary fair wear and tear or for the cost of replacing items which naturally deteriorate through normal use.

8.9

Bedding, soft furnishings, kitchen equipment and other consumable or regularly used items should be replaced by the Owner as reasonably required to maintain an appropriate standard.

9. Damage and Security Deposit

9.1

NWHR normally collects a £100 guest security deposit in accordance with the guest Terms & Conditions.

9.2

NWHR will manage the security deposit and any proposed deductions in accordance with the applicable guest Terms & Conditions.

9.3

Where reasonably possible, NWHR will seek to:

• identify damage;
• assess the nature of the damage;
• communicate the issue to the Owner;
• obtain photographs or other evidence;
• obtain reasonable repair or replacement costs; and
• communicate with the guest regarding any proposed deduction.

9.4

The Owner remains responsible for general property upkeep and fair wear and tear.

9.5

Where guest damage is identified, NWHR may seek to recover the reasonable cost of repair or replacement from the guest security deposit, subject to the guest Terms & Conditions and any applicable legal requirements.

9.6

Where the reasonable cost of damage exceeds the £100 security deposit, NWHR may invoice the guest for the remaining balance in accordance with the guest Terms & Conditions.

9.7

NWHR cannot guarantee that all damage will be identified immediately following a guest’s departure. Damage may only become apparent after cleaning, further inspection or subsequent use of the property.

9.8

Where a guest fails to pay an outstanding damage balance after the applicable payment period, NWHR will take reasonable steps to notify the guest and request payment.

9.9

NWHR does not guarantee recovery of any outstanding amount and is not responsible for commencing or conducting:

• court proceedings;
• small claims proceedings;
• solicitor-led recovery;
• formal debt collection;
• enforcement action; or
• other legal proceedings

on behalf of the Owner.

9.10

Where further recovery is considered necessary, the Owner is responsible for deciding whether to pursue the guest directly or through an insurer, solicitor, debt recovery provider or other appropriate professional.

9.11

Where lawful and reasonably necessary, NWHR may provide relevant information and evidence to assist the Owner with pursuing an outstanding claim. This may include:

• booking information;
• guest contact information;
• photographs;
• damage reports;
• cleaning reports;
• invoices or quotations;
• correspondence with the guest; and
• other relevant information held by NWHR.

9.12

Any assistance provided by NWHR does not make NWHR responsible for the underlying debt or the success of any recovery action.

10. Owner Responsibilities

10.1

The Owner is responsible for all costs associated with the ownership, operation, maintenance and legal compliance of their property.

10.2

The Owner is responsible for:

• site fees and ground rent;
• utility bills;
• park fees and charges;
• relevant licences, registrations and permissions;
• property insurance;
• public liability insurance;
• gas safety requirements;
• electrical safety requirements;
• fire safety requirements;
• appliance and equipment safety;
• maintenance and repairs;
• ensuring the property is fit for holiday occupation; and
• complying with applicable legal, regulatory and park requirements.

10.3

The Owner must maintain appropriate and valid insurance for the property throughout the period that it is advertised by NWHR.

10.4

The Owner must notify NWHR immediately of any change to the property’s insurance, legal status, park permission, registration or ability to be offered for holiday rental.

10.5

The Owner must provide evidence of insurance and relevant safety documentation when requested by NWHR.

10.6

For Complete Owners, NWHR will take reasonable steps to ensure that the property is clean and presented appropriately at the beginning of a guest’s stay based upon the information and services available to NWHR.

10.7

For Advertisement Only Owners, the Owner remains responsible for ensuring that the property is clean, safe, habitable and ready for the guest.

10.8

Where an Advertisement Only property’s cleaning provider confirms that the property is ready but a guest subsequently reports that it is materially unclean or unsuitable, NWHR may determine, based upon available evidence including photographs and guest reports, that a £50 guest compensation payment is appropriate. This may be deducted from amounts otherwise payable to the Owner.

10.9

The Owner acknowledges that NWHR is not:

• a gas engineer;
• an electrician;
• a fire risk assessor;
• an insurer;
• a solicitor; or
• a regulatory adviser.

The Owner remains responsible for obtaining appropriate professional advice where required.

10.10

The Owner is responsible for ensuring that any required registration, certification, permission or approval relating to the property has been obtained and remains valid.

10.11

NWHR may suspend advertising or prevent new bookings where it reasonably believes that a property may be unsafe, uninsured, non-compliant or otherwise unsuitable for guests until the relevant issue has been resolved.

11. Billing and Payment

11.1

Owner payments are normally made monthly by bank transfer around the first day of the following month.

11.2

NWHR may deduct agreed commission, cleaning charges, expenses and other sums owed by the Owner before making payment.

11.3

If an Owner owes money to NWHR, NWHR may:

• retain future rental income;
• suspend the listing;
• suspend future bookings;
• request immediate payment; and/or
• instruct a debt recovery provider.

11.4

The Owner will be responsible for reasonable recovery costs where such costs are legally recoverable.

12. Personal Use of the Property

12.1

Owners may use their property for personal stays subject to availability.

12.2

Owners must enter personal stays into the relevant NWHR calendar or otherwise notify NWHR as soon as reasonably possible.

12.3

Where the property is used personally by the Owner, it must be left in an appropriate condition for the next guest.

12.4

For Complete Owners, NWHR’s cleaning team will normally clean the property following Owner use before the next guest unless otherwise agreed.

12.5

Where an Owner wishes to cancel a scheduled clean following personal use, sufficient notice must be provided to NWHR.

13. Indemnification

13.1

The Owner agrees to indemnify and hold NWHR harmless against claims, losses, damages, liabilities, costs and reasonable legal expenses arising from:

• the Owner’s failure to comply with these Terms;
• the Owner’s failure to comply with applicable laws, regulations or park requirements;
• the condition, maintenance or safety of the property;
• the acts or omissions of the Owner or their agents, contractors or representatives;
• claims relating to the Owner’s property;
• inadequate or invalid insurance;
• inaccurate information supplied by the Owner; or
• any other matter for which the Owner is responsible under these Terms.

13.2

The indemnity in clause 13.1 does not apply to the extent that a claim, loss or cost has been directly caused by NWHR’s negligence, fraud or deliberate misconduct.

13.3

Nothing in these Terms excludes or limits liability which cannot legally be excluded or limited.

14. Insurance

14.1

The Owner must maintain suitable and adequate insurance for the property throughout the period in which it is listed with NWHR.

14.2

The insurance should include appropriate cover for holiday letting, property and contents damage and public liability, as applicable to the property.

14.3

The Owner must provide evidence of valid insurance when requested by NWHR.

14.4

The Owner is responsible for notifying their insurer of any material change to the property or its use.

14.5

Where a guest causes damage which exceeds the security deposit, the Owner should consider whether a claim can be made under their insurance policy.

14.6

NWHR may provide relevant supporting evidence to the Owner or their insurer where reasonably necessary and lawful.

14.7

NWHR does not guarantee that an insurer will accept any claim.

15. Access

15.1

NWHR and its authorised representatives may access the property where reasonably required for:

• inspections;
• cleaning;
• maintenance;
• repairs;
• guest issues;
• emergencies;
• safety concerns; or
• other purposes connected with providing the agreed service.

15.2

Where reasonably practicable, NWHR will provide the Owner with notice of access.

15.3

Notice may not be possible in an emergency or where immediate access is reasonably required to protect guests, the property or other persons.

16. Representing Other Clients

16.1

NWHR may advertise and manage properties belonging to multiple Owners and may operate other businesses or provide services to other property owners.

16.2

The Owner acknowledges that NWHR does not provide an exclusive service unless otherwise agreed in writing.

16.3

During the period these Terms apply, the Owner agrees not to appoint another service provider to perform the same services covered by the selected NWHR service level where doing so would interfere with NWHR’s agreed services or create conflicting booking arrangements.

17. Confidential Information

17.1

Each party agrees to keep confidential information received from the other party confidential and to use it only for purposes connected with the relationship between the parties.

17.2

Confidential information may include business information, booking information, financial information, guest information and other information which is not publicly available.

17.3

The obligations in this section do not apply where information:

• is already publicly available;
• was lawfully known before disclosure;
• is required to be disclosed by law;
• is disclosed with the consent of the relevant party; or
• is reasonably required to protect a legitimate interest or deal with a legal, insurance or contractual matter.

17.4

Nothing in this section prevents NWHR from sharing information where such disclosure is reasonably necessary to:

• comply with a legal obligation;
• deal with an insurance claim;
• investigate or recover unpaid amounts;
• investigate damage or loss;
• obtain professional advice;
• establish, exercise or defend a legal claim; or
• protect NWHR’s legitimate business interests,

provided that the disclosure is lawful and complies with applicable data protection legislation.

18. Data Protection

18.1

NWHR will process personal information in accordance with applicable UK data protection legislation and NWHR’s Privacy Policy.

18.2

Personal information may be processed where reasonably necessary for:

• managing bookings;
• communicating with guests and Owners;
• administering security deposits;
• investigating damage or loss;
• dealing with guest complaints;
• processing payments;
• dealing with insurance matters;
• investigating unpaid charges;
• obtaining professional advice;
• establishing, exercising or defending legal claims; and
• complying with legal or regulatory obligations.

18.3

Where lawful and reasonably necessary, NWHR may share relevant personal information with:

• the property Owner;
• the relevant guest;
• insurers;
• solicitors or legal representatives;
• debt recovery providers;
• professional advisers;
• contractors or service providers; and
• other persons or organisations where reasonably required for the purpose for which the information is being processed.

18.4

Where information is shared, NWHR will seek to limit the information disclosed to information reasonably required for the relevant purpose.

18.5

NWHR will not disclose personal information where doing so would be unlawful.

18.6

The Owner acknowledges that personal information may need to be shared in connection with property damage, unpaid charges, insurance claims or legal claims where this is lawful and reasonably necessary.

19. Variation of These Terms

19.1

NWHR may amend these Terms where reasonably necessary to reflect:

• changes to the services provided;
• operational requirements;
• changes in law or regulation;
• insurance requirements;
• industry standards;
• changes to NWHR’s business practices; or
• other legitimate business requirements.

19.2

Where a change is material, NWHR will normally provide the Owner with at least 14 days’ written notice before the change takes effect.

19.3

The notice will specify the date on which the revised Terms will become effective.

19.4

Where the Owner continues to use NWHR’s services, keeps their property listed with NWHR or accepts bookings through NWHR after the effective date, this will constitute acceptance of the revised Terms.

19.5

Unless otherwise expressly agreed, changes to these Terms will not retrospectively alter the rights or obligations relating to bookings, claims, disputes or events which occurred before the revised Terms came into effect.

19.6

If the Owner does not agree to a material change, they may terminate the agreement in accordance with clause 20.

20. Termination

20.1

Either party may terminate the relationship by giving one month’s written notice, subject to any outstanding bookings and obligations.

20.2

The Owner must send termination requests to info@nwhr.co.uk.

20.3

Where an Owner terminates the agreement during a period in which confirmed bookings remain in place, the Owner remains responsible for fulfilling those bookings unless NWHR agrees otherwise.

20.4

Where the Owner terminates the agreement, a termination fee equal to the average monthly management fee earned by NWHR from that Owner during the previous three months may apply, subject to any separate written agreement.

20.5

NWHR may terminate immediately in circumstances described in clause 3.5.

20.6

Termination does not affect any rights, obligations or liabilities which arose before termination.

20.7

Any outstanding amounts owed by either party remain payable following termination.

20.8

Where a guest damage claim or other dispute remains outstanding following termination, the relevant provisions of these Terms will continue to apply to the extent necessary to deal with that matter.

21. Governing Law

21.1

These Terms and the relationship between NWHR and the Owner are governed by the laws of England and Wales.

22. Dispute Resolution and Jurisdiction

22.1

The parties will seek to resolve any dispute relating to these Terms through reasonable communication before commencing formal proceedings where reasonably practicable.

22.2

If a dispute cannot be resolved, the courts of England and Wales shall have jurisdiction, subject to any mandatory legal rights or procedures which apply.

23. General

23.1

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be treated as amended or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

23.2

A failure or delay by NWHR to exercise any right under these Terms does not constitute a waiver of that right.

23.3

These Terms, together with any separate written agreement between NWHR and the Owner and the applicable service description, form the agreement between NWHR and the Owner in relation to the services provided.

23.4

Where there is a conflict between these Terms and a specific written agreement signed by both NWHR and the Owner, the specific written agreement will take precedence to the extent of the conflict.

23.5

The Owner confirms that they have had the opportunity to read these Terms and seek independent professional advice before agreeing to them.

Owner Acknowledgement

By listing a property with North Wales Holiday Rentals Ltd and/or continuing to use our services, the Owner confirms that they have read, understood and agree to these Terms & Conditions.

North Wales Holiday Rentals Ltd
Website: nwhr.co.uk
Email: info@nwhr.co.uk
Company Number: 14011484