1. Contract Term: 1 months Rolling Contract
1.1 We are Sloane Collection, a Management and Hospitality Company registered in England and Wales under company number 08522320, with our registered office registered at 17 Hanover Square, Mayfair, London W1S 1BN. Our email address is firstname.lastname@example.org
1.2 In the event of a discrepancy between the English and any other language, the English terms of agreement will prevail.
1.3 Sloane Collection is a Management and Hospitality Company that supply properties to the marketplace and to online booking partners. Sloane Collection signs lease agreements with property owners for a minimum term to a maximum period of ten years
1.4 Sloane Collection is not a travel agency, a listing marketplace, or an online booking portal. Sloane Collection manages leased properties to maximise profitability and has agreements and partnerships with some of the leading international Hotel and Vacation Rental OTA’s, booking channels and companies. We supply these partners with leased properties for extensive advertising.
1.5 These terms and conditions will apply to all arrangements between you and us until either party terminates this Agreement in accordance with clause 7. Following termination these terms will continue to apply until such time as all pending bookings and financial arrangements have been settled. Please note that these terms and conditions will apply if you terminate the marketing of a Property and engage us to market another Property or if we secure a one-off letting of the Property.
1.6 These terms and conditions may be amended or varied by us from time to time. If we amend or vary the terms and conditions then we will send the revised terms to you. If you object to the revised terms then you will be entitled to terminate this Agreement within 28 days by written notice to us. If you do not serve written notice of termination within this period then you will be deemed to have accepted the revised terms in full.
2. How the Agreement is made between you and us.
2.1 These General terms form part of the Management Agreement. Please take the time to read them.
2.2 Your Management Agreement will be accepted once you sign and/or submit the Management Agreement to us (directly to one of our representatives or online via an email, e-sign software or a fax machine).
2.3 If we feel that we are unable to lease and market your property, for example because we think the locality of your property doesn’t suit Sloane Collection’s needs or the property doesn’t comply with all the standards set out by Sloane Collection, Sloane Collection reserves the right to reject or cancel the Management Agreement as set out in 2(d). We will inform you of this by email and we will cancel your Agreement with an explanation to the reason for doing so.
2.4 Sloane Collection reserves the right to cancel any Management Agreement at any time.
2.5 If any of the various parts of the Management Agreement is inconsistent with any of the other parts of the Management Agreement, the following order of priority will apply: (i) Management Agreement Annex (ii) Management Agreement; (iii) General Terms; (iv) Additional Terms
3. Appointment under this Agreement.
3.1 Under the Management Agreement we will lease your property for the agreed duration of the term, for the purpose of negotiating and concluding bookings of the Property. Unless otherwise agreed we will be appointed as the sole and exclusive Reservation Manager of the Property. You must inform us immediately if the Property is marketed by you or any third party for sale or for short or long-term lettings.
3.2 This Agreement unless it is for a specific period as set out in the Management Particulars will continue in force until it is terminated by either party on the terms set out clause 13 (Termination).
3.3 In order for us to market the Property you will need to pay our costs associated with listing including but not limited to our listing fee, photography costs, direct and third party costs relating to and arising from the initial inspection, any remedial work carried on your behalf, costs for cutting keys and any remedial work to allow you to comply with Health and Safety and any associated handling costs (as outlined in Clause 3.4) unless, at our sole discretion, we agree to waive any such fees or collect such fees from the income we collect on your behalf. We will inform you of all such costs as they arise and will provide an itemised statement of any such costs on an ongoing basis and any such costs and/or fees are payable to us on demand.
3.4 We are authorised to manage the Property during any Lease period (and during any period in which the Property is available for reservations). If necessary we will be entitled to engage tradespeople such as plumbers and electricians on your behalf and the costs of any such tradespeople will be passed on to you in accordance with our Maintenance Policy, details of which will be communicated to you from time to time. We will endeavor to notify you if we need to engage any third party to carry out work at the Property, however in emergencies it may not be possible to contact you.
4. Marketing the Property.
4.1 Before the Property is marketed we may carry out an initial inspection. If there are further works which we believe should be carried out before the Property is marketed relating to the general quality of the Property (or to health and safety issues that are immediately and obviously apparent to our staff) then we will inform you. Once the Property is up to a sufficiently high standard we will arrange for photographs and full details of the Property to be taken in order for the Property to be marketed.
4.2 Prior to marketing we will also consult with you to agree among other things the House Rules for the Property, and any initial special instructions (such as which drawers or cupboards will be secured and the condition in which we would expect the Property to be left in prior to a rental). The House Rules as well as special instructions may change from time to time. We will take reasonable steps to ensure that our staff and contractors as well as any Guests using the Property obey the House Rules that we have agreed with you, but we are not liable for any breach of the House Rules by those parties.
4.3 Before any booking you will be responsible for ensuring that the Property is tidy and sufficiently clean and complies with all relevant Health & Safety Regulations (“Regulations”). Please see below for more details. We will provide guidance to you as to what those Regulations require and if instructed we can assist in arranging for gas engineers, electricians or other third parties to visit the Property and carry out any necessary inspections or remedial work. If prior to commencement of a booking the Property is not tidy or sufficiently clean we may also arrange for tidying and additional cleaning beyond that which we routinely provide.
4.4 If we engage any third parties, then we are authorised to pay those third parties on your behalf and charge you for the costs of that work together with a reasonable handling fee. This will be payable in advance or, at our sole discretion, and may be deducted from the booking fees which we collect on your behalf. Please note that in the event that this Agreement or our marketing of the Property is terminated while any sums are outstanding then all such sums must be paid in full (see below).
4.5 We require a minimum of four sets of keys on commencement of marketing the Property. We will cut these with your authority or you may arrange for this yourself. You authorise us to enter the Property for the purposes of managing the marketing of the Property and any bookings (which may require entering the Property prior to, during and after a booking). If we are seeking to enter the Property during a period where you have told us you are resident then we will provide you with reasonable notice.
4.6 The Property will be marketed at our sole discretion. Marketing may include being listed via our Partner Network and in other media, but we are under no obligation to market any Property or to take any bookings in respect of the Property. At our sole discretion we may offer additional opportunities for promotional marketing, which may be offered at an additional cost where appropriate.
4.7 You acknowledge that (i) we may not be able to list your property with a particular Partner where you do not meet the criteria set by the relevant third party; (ii) we do not have any control or exercise influence over the third party’s own services; and (iii) a third party’s service may stop or change from time to time. You acknowledge that these are Events Outside Our Control and that neither we, nor Our Representatives, will be responsible for any impact these events may have.
4.8 Some of our Partners have their own Terms and Conditions under which they operate. Sloane Collection will honor the General Terms of those third parties so that the property can be advertised to generate bookings; (iii) by signing this Agreement you agree for Sloane Collection to negotiate terms with partners on the sole interest of maximising the occupancy of the property; (iv) you agree and understand that Sloane Collection is subject to the terms and conditions of the third parties partners, and that you will honor all terms and conditions set out by these third parties within the Sloane Collection Partner Network; (v) we are not responsible for the performance or nonperformance of any third party tools or Content; (vi) We are not responsible for any problems arising from the use of any of our partner network or for any claims and/or damage cause by guests. (f) You agree that in the case of you not being able to fulfill your obligation under this Agreement, that you will be liable to find an alternative accommodation of equally or of a better standard for the guests that have booked your property. Under these circumstances Sloane Collection may help you source alternative accommodation, but you will be liable to pay the Sloane Collection fee, and the applicable costs associated with finding alternative accommodation for the guest.
5. Availability Procedure.
5.1 You can either communicate with us directly, or we will update the online availability schedule on your behalf at your written request. From time to time we may send you reminders by email for you to update us with the availability schedule of the Property, but it is your sole responsibility to maintain the availability schedule, keep it up to date and to inform us. You can select to make the Property “available” or “blocked”(not available), or with our consent you may indicate that it is “available on request”. We will assume (unless you inform us that the Property is “blocked” or “available”) that there is “no information” for the Property but we may still contact you regarding bookings in relation to these periods and such enquiries will be subject to your right to decline a booking except if we have withdrawn consent for the use in which case the Property will be marked as “blocked”.
5.2 “Available on request”: unless you have told us that the Property is “blocked”, “available”, or we have agreed a fixed income period with you (in which case we will be entitled to accept a booking in that period without further reference to you and the property will be deemed to be “available” during this time), or unless at our absolute discretion we withdraw consent for the use of “available on request” status, then the property will be deemed to be “available on request”. Consequently, we will notify you by email, or text once we receive an application for a booking from a proposed Guest. You will then have 12 hours in which to inform us by email, text or via our online service (where possible) only that you do not wish to accept the booking. If you do not respond to the notification or if you confirm acceptance of the booking then we will be entitled to accept the booking and we will confirm the booking with the Guest.
5.3 If we accept a booking for a period in which you have confirmed that the Property is available, or if we notify you of a booking under clause 5.2 and you do not reject that booking 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. In particular, part of the agreement we negotiate in your behalf with the Guest is to provide appropriate alternative accommodation in the event of cancellation by you. If there is any surplus to pay as a result of your cancellation then this will be your responsibility. If we have provided you with a Fixed Income Guarantee then for any period in which we have agreed to pay you a fixed income the Property must be available for booking at any time (and we will not be obliged to notify you of a booking).
5.4 If there are any particular dates you wish to block out and on which you would like us to refuse any booking then you must let us know as soon as possible. You will not be entitled to block out any dates once a booking has been made in accordance with this clause.
6.1 You authorise us to determine the achievable rates for the Property based on the Property’s location, condition, the time of year and length of the booking.
6.2 We will collect Total Booking Costs on your behalf from the Guest. You authorise us to issue invoices to Guests on your behalf.
7.1 Although we will conclude payments due as soon as practically possible, due to possible unforeseen circumstances, third party payment gateways and international bank transfers processes may take up to 14 days, which is the legal period we adhere to in order to complete payments of monies owed. However we will always try to complete payment as soon as possible.
7.2 We will account to you on a periodic basis no later than the 15th of the month for Payouts that are payable to you after deducting our Fee and any outstanding out-of pocket costs or disbursements we have incurred.
7.3 You authorise us to negotiate discounts, extra nights and rebates, and to deal with any complaints that may involve refunding fees to the Guest in respect of accommodation services. In the event of guest refunded then both your Payout and our Management fee will be reduced by a proportionate amount. Refund may also arise as a result of any willful or negligent act or omission on your part.
7.4 All service options are subject to deductions for any amounts you may owe to us in respect of this Agreement and marketing charges.
7.5 We will be authorised to deduct from your payouts any set-offs or disbursements such as exceptional cleaning fees, outstanding marketing or other fees which have not been paid, and any third party costs or costs of compliance which we have settled on your behalf. Please note that any service option that we pay to you will be subject to deductions of any outstanding balances. In addition if we agree to pay any Reverse fee to you under clause
7.6 then we will be entitled to set this Reverse Fee off against any outstanding balances.Payments will be transferred directly into the bank account you provide.
8. Listing Assistance. We will assist the Owner with creating and optimising the listing of an Accommodation on one or more of the Owners Third Party Platforms (“Listing”).We may include a recommendation regarding the optimal price for a listing. You acknowledge and agree that the owner is responsible for the accuracy of all Listing information.
8.1 Guest Selection. Sloane Collection will assist the owner with screening and selecting potential guests. The owner acknowledges and agrees that they are solely responsible for selecting Guests. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement that you enter into with a Guest is between you and the Guest. As an owner you acknowledges and agree that we are not your agent, and will not negotiate or execute agreements with Guests on your behalf. Sloane Collection will not be a party to any agreement between Owner and Guests.
8.2 Guest Communication. Sloane Collection will receive and attempt to communicate with potential guests to provide information about a Listing and resolve questions and complaints. Sloane Collection will also attempt to communicate with Guests prior to, during and after their stay to assist Owner and Guests with a smooth stay. As reasonably necessary, Sloane Collection will assist Owner and Guests with unexpected events such as lockouts.
10. Special Arrangements.
10.1 We may propose alternative Management fees and Partner Fee arrangements to apply during particular calendar periods. Any such Special Arrangements will be communicated by us in writing and will clearly bear the title “Special Arrangements” or words to that effect. If we do not hear back from you within 7 days, we shall regard the proposed arrangements as agreed.
11. Owner Obligations.
11.1 As a Owner of a Property leasing to a third party as a business you are under various obligations with respect to health and safety.
11.2 We have provided guidelines for you that explain what you need to do to make your Property safe and how we can assist with this. In particular you are responsible for compliance with regulations that require that: gas appliances are properly and regularly maintained
. furniture is appropriately fire resistant
. electrical appliances and outlets are safe,
. smoke and carbon monoxide alarms are installed,
. the Property is safe and fit for occupation generally.
11.3 We are not qualified to provide advice on health and safety or fire risk matters. It is your responsibility to ensure that any requirements (including under the Regulatory Reform (Fire Safety) Order 2005) are complied with. We will not be responsible for resolving health and safety or fire hazards unless these are obvious to our staff and fall within our maintenance agreement (as supplied to you by us from time to time). We recommend that you check your existing insurance to ensure that it covers your personal liability including your liability to a Guest.
11.4 Our insurance will not cover any prosecution or fine imposed if you fail to comply with your obligations under the Regulations. You may be liable for a fine or for more serious penalties if you fail to comply with these obligations. In addition, you may be liable to the Guest for any loss or damage that they suffer.
11.5 If you have any concerns about any regulations relating to fire or health and safety then please let us know and we will introduce you to a third party partner organisation qualified to inspect your Property in order to advise about fire risks, health and safety and any remedial work which needs to be undertaken. If we incur related costs we will either charge you for these in advance or (at our sole discretion) deduct such costs from your booking payouts.
11.6 You also warrant that you own the Property or that you are authorised to arrange bookings of the Property to Guests. If you are in any doubt you should check the terms of your lease, mortgage deed and/or freehold title to ensure that you are able to provide short-term holiday rentals.
12.1 Either party may terminate this Agreement by giving 14 days notice at any time after the 1 months minimum term – but upon termination you agree to honor any outstanding bookings. If there are outstanding bookings at the date of termination then we will not accept any new bookings for the Property but the contract will continue in respect of those existing bookings.
12.2 In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.
12.3 We will be entitled to terminate this Agreement immediately if:
you are in material breach of any of the terms of this Agreement; or
you do anything to put our goodwill or reputation at risk; or you refuse to allow a booking to proceed after a booking has been made in accordance with this Agreement (in addition to our rights under clause 14); or you refuse to cooperate with us in respect of this Agreement. If any bookings are outstanding on termination by us under this clause then clause 14.1 will apply.
12.4 In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, Fee and expenses, liability and damage).
12.5 If you decided for whatever reason to terminate this agreement within 1 months minimum period, there is a £295 cancellation penalty fee to be paid for marketing and advertising costs.
12.6 Profiles or listings that the owner has directly set up and given us access to will be transferred back to the owner.
12.7 Any listing or profiles that are created by Sloane Collection will not be assigned to the owner or to a third party. The listing will be closed and cancelled after termination of Sloane Collection contract.
12.8 Alternatively at the discretion of a Sloane Collection partner a listing created by Sloane Collection may be purchased for a fee by the property owner.
13. Cancellations or Refusal of Bookings by You.
For both cancellations and refunds you agree to honor the policies set by our partner network, agreed by the guest upon booking.
13.1 In the event that:
a) this Agreement is terminated by you and existing bookings cannot proceed under clause 13.1 (e.g. because you sell the Property or let the Property on a long-term basis); or
b) this Agreement is terminated by us while there are existing bookings; or
c) you refuse to allow any booking which has been made in accordance with this Agreement to proceed then you will be fully liable to us (under the terms of this Agreement), and to the Guest (under the Booking channel or our licence agreement) for all associated costs, charges, damage and liability which we or the Guest incur, including the cost of supplying the Guest with appropriate alternative accommodation (of at least 4 star quality).
You agree to indemnify us on a continuing basis in respect of any such cancelled booking.
14. Your Promises to Us.
14.1 You confirm that you will honor the terms set in this Agreement, all the necessary permissions, licences and consents (in all relevant countries) to allow us to use Your Content and Your Data in connection with the Services. You will provide evidence of the necessary permissions, licences and consents if requested by us.
15 Our Liability to You.
15.1 We will not be liable to you in the event of a claim by a Guest against you unless this arises due to our negligence.
15.2 We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services we provide to you (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud or theft.
15.3 If as a result of a wilful or negligent act or omission on our part you suffer damage to the Property or loss, theft or damage to Property contents then we accept liability for such loss or damage subject to an individual cap on liability for any one item of Property contents of £350.
15.4 In the event of a claim for Property damage or for theft, loss or damage to Property contents, you must inform us as soon as you become aware of a claim.
15.5 We may (but not necessarily in every case) obtain a security deposit from your Guest by way of credit or debit card charge. If damage to the Property or contents is directly caused by a Guest and the liability of the Guest is admitted or clear (and the charge has not subsequently been released), then we will take steps to recover any claim for damage from the Guest.
16. Your Liability.
16.1 You will be liable to us and to any Guest who may suffer or incur any loss or damage in respect of any breach by you of the terms of this Agreement or any Third Party Partner Agreement.
16.2 You will be liable to the Guest for the safety of the Property and for ensuring that the Property is both available on the dates which have been booked and is in the condition as listed.
16.3 You agree that you have the power to enter into this Agreement, that you own or are authorised to lease the Property as principal and that the Property is not subject to any third party rights which might affect your ability to lease the Property.
16.5 You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to us against any amounts that we may owe to you.
16.6 We may use employees or self-employed contractors and we shall have discretion as to which of our employees or subcontractors are assigned to perform any services we provide to you.
16.7 This Agreement is personal to you and may not be assigned. If you sell the Property you may not transfer this Agreement to the purchaser except with our express written consent. 16.8 We will be entitled to assign or sub-contract our obligations under this Agreement.
16.9 We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest.
16.10 You agree that we may pass information about you to companies in our group to assist us and/or other in fulfilling the terms of this Agreement. This information will include contact details and information about work undertaken for you. We may also use your information for our own marketing purposes.
16.12 Save in the case of fraud these terms as completed and supplemented by the Management Particulars and any written correspondence between you and us from time to time in respect of Special Arrangements represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
16.13 The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
16.14 These conditions are governed by the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts. We may transfer our rights and promises at any time under this Agreement to another organisation or company without notice.
16.15 If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
16.16 Any notice under this Agreement (with the exception of a notice of termination served by you or a rejection of a booking) may be served by letter, fax, email. You may serve a notice of termination either by registered post to our registered office (details available on our website) or by email. A notice of termination that is sent to us by email shall not be effective until it has been acknowledged by us (and any ‘out of office’ or auto reply shall not amount to an acknowledgement for the purposes of this clause). A rejection of a booking may only be made by text or email to the number and email address specified in the notice of booking.