Bookmystay Listing Terms and Conditions

BOOKMYSTAY – PROPERTY PARTNER AGREEMENT CONTRACT DETAILS

  • BookMyStay is a trading name of Pure Executive Properties Ltd (Co No: 08863133)
  • The Property Partner registering to bookmystay wants bookmystay to advertise and promote its Accommodation and to facilitate Reservations of such Accommodation.
  • Notwithstanding any communications or correspondence made, the Property Partner acknowledges this Agreement is between BookMyStay and the Property
  • BookMyStay agrees to provide such services in accordance with the provisions set out in the Contract Details and BookMyStay’s Property Partner
WEBSITES
 BookMyStay may make the Accommodation available on its Websites which include but are not limited to: BookMyStay (www.bookmystay.co.uk)

 

COMMISSION AND PAYMENT ARRANGEMENTS
Commission Rate  Variable dependant on booking
BookMyStay to deduct Commission from Accommodation Rates in accordance with clause 9.6 Yes
BookMyStay payment terms for Accommodation Rates under clause 10.5 14 days from the date of check-in. If the invoice is received after check-in, payment will be 14 days from receipt date.
BookMyStay will be operating as a disclosed agent within the EU TOMS legislation Yes

 

                     

                        BOOKMYSTAY PROPERTY PARTNER TERMS

 

1          BOOKMYSTAY AND PURE EXECUTIVE PROPERTIES

1.1       The Property Partner acknowledges that BookMyStay will communicate with the Property Partner under the name of the BookMyStay whether on the telephone, in emails or other correspondence.

1.2       The Property Partner acknowledges that BookMyStay operates and communicates under various trading names, including but not limited to (i) Ideal Collective SA.

1.3       Further to BookMyStay’s appointment under clause 2, the Property Partner agrees that the Accommodation may be advertised and promoted by any Group Company under the terms of this Agreement, including but not limited to BookMyStay. Any reference to BookMyStay under this Agreement shall be read as a reference to a Group Company where a Group Company makes a Reservation in relation to Accommodation.

 

2          APPOINTMENT AND AGREEMENT SCOPE

2.1       The Property Partner appoints BookMyStay as a reservation agent to:

2.1.1    advertise and promote the Accommodation on the Websites; and

2.1.2    make Reservations for Guests on its behalf.

2.2       The Property Partner agrees that in consideration of BookMyStay advertising and promoting its Accommodation on the Websites and making Reservations, it shall be bound by the terms and conditions of this Agreement.

2.3       BookMyStay following its inspections of the Accommodation will notify the Property Partner in writing of which Websites (if any) the Accommodation will be made available through. A non-exhaustive list of the Websites is set out in the Contract Details.

2.4       Further to clause 2.3, the Property Partner acknowledges that BookMyStay may at its sole discretion add or remove Accommodation from a Website without prior notice at any time (in the case of removal, BookMyStay may exercise this right irrespective of whether the Property Partner is in breach of the terms of this Agreement or not).

2.5       The person signing this Agreement warrants and represents that they are

(i) the legal and beneficial owner of the Accommodation or (ii) the duly appointed representative with necessary authority to enter into this Agreement.

 

3          BOOKMYSTAY OBLIGATIONS

3.1       The Property Partner may propose the Accommodation for BookMyStay to advertise and promote.

3.2       BookMyStay will determine at its sole discretion:

3.2.1    whether to advertise and promote the Accommodation; and

3.2.2    if so, may display Accommodation Information on its Websites, closed user groups or otherwise in such manner as it sees fit.

3.3       Following receipt of a Reservation Request, BookMyStay may,

3.3.1    check the Accommodation’s availability with the Property Partner via telephone, text message, instant messaging services (including WhatsApp),

3.3.2    where the Accommodation is available to meet the Reservation Request, BookMyStay may if it considers the Accommodation is appropriate for the Client’s needs make a Reservation for the Accommodation.

3.4       Where BookMyStay makes a Reservation BookMyStay will, on the Property Partner’s behalf, confirm with the Client that the Reservation has been confirmed.

3.5       BookMyStay agrees to pay to the Property Partner the Accommodation Rates in accordance with clause 12 and subject to the terms of any Cancellation Policy.

3.6       BookMyStay may, at its discretion, refer to the Accommodation using:

3.6.1    the postal address or generally accepted name which the Property Partner uses to refer to the Accommodation (Real Name); or

3.6.2    in the event that BookMyStay has reason to believe the Property Partner is not complying with its obligations under clauses 12.6, BookMyStay will replace the Real Name with an alternative name (or alias) decided by BookMyStay

3.7       Subject to any reasonable requests of the Property Partner, BookMyStay may perform its duties under this Agreement in such way as it determines provided that it does not do anything to knowingly harm the Property Partner’s brand.

 

4          PROPERTY PARTNER’S OBLIGATIONS

4.1       The Property Partner agrees to provide the Accommodation (and any agreed services or extras):

4.1.1    to the Clients (or as appropriate the Guests) strictly in accordance with all Reservations; and

4.1.2    in accordance with the Accommodation Information provided by the Property Partner to BookMyStay in relation to such Accommodation.

4.2       If the Property Partner double books or fails to provide the Accommodation in accordance with a Reservation then it shall source alternative suitable accommodation of the same or higher standard to the Guest’s reasonable satisfaction. In the event that the fees for the alternative accommodation are higher than the original Accommodation, the Property Partner shall be responsible for the difference.

4.3       For Offline Accommodation, all Reservations are binding on the Property Partner as set out in clause 5.9.

4.4       For Online Accommodation, all Reservations are binding on the Property Partner as set out in clause 5.6.

4.5       The Property Partner shall ensure the Accommodation Information is provided in full to BookMyStay and undertakes all Accommodation Information provided to BookMyStay is accurate, complete and not misleading.

4.6       The Property Partner is responsible for regularly (and in any event not less than once each month) checking all Accommodation Information to ensure it continues to be accurate, complete and not misleading. The Property Partner shall immediately inform BookMyStay of any changes or inaccuracies. The Property Partner will be responsible for any claims or complaints from any Clients, Guests or other third parties as a result of inaccurate, incomplete or misleading Accommodation Information.

4.7       The Property Partner shall in all matters relating to this Agreement comply with the Minimum Standards and all Applicable Laws, at all times.

4.8       The Property Partner agrees that it shall at all times (both during the term of this Agreement and after its termination) keep confidential and shall not use (other than strictly for the purposes of this Agreement) or disclose to any third party the Confidential Information without the prior written consent of a director of BookMyStay

4.9       Provided that the Guest is not in breach of the Terms of Stay, the Property Partner shall allow the Guest quiet enjoyment of the Accommodation without any interruption by the Property Partner for the duration of the Reservation of the Accommodation (except for any maid service the Property Partner provides and any scheduled or emergency maintenance tasks the Property Partner is required to undertake).

4.10     The Property Partner will allow BookMyStay and its representatives (including Client representatives) on reasonable notice to visit and inspect the Accommodation to ensure compliance with this Agreement.

4.11     The Property Partner shall promptly provide to BookMyStay all information which may in any way affect a Reservation including but not limited to details of any Accommodation refurbishment or other construction works, any minimum age requirements and any change in ownership or management of the Accommodation and BookMyStay reserves the right to include all such information on the Websites.

4.12     The Property Partner warrants that it has obtained, and shall maintain, all the Relevant Consents to allow BookMyStay to advertise and market the Accommodation under this Agreement.

4.13     The Property Partner will implement, maintain and enforce policies and procedures to ensure Guests whilst staying at the Accommodation are not subject to harassment by any of the Property Partner’s staff, employees or contractors.

4.14     The Property Partner shall ensure that all staff, employees and contractors who work at the Accommodation have clear unspent criminal conviction checks before providing services in relation to a Reservation.

4.15     The Property Partner warrants and represents that it shall not target any Client or Guest that makes a Reservation through BookMyStay with promotions, incentives or any other offers or information intentionally designed to solicit the Client or Guest to use any other party than BookMyStay to reserve accommodation.

 

5          RESERVATIONS

Online Reservations

5.1       BookMyStay may, if agreed with the Property Partner, include the Accommodation as Online Accommodation.

5.2       Where Accommodation is made available as Online Accommodation, BookMyStay may make Reservations for the Online Accommodation.

5.3       Where Accommodation is made available to BookMyStay by the GDS the Property Partner:

5.3.1    acknowledges the GDS operates as a live query and BookMyStay may make Reservations or make alterations to Reservations for the Accommodation at the Accommodation Rates which are available through the GDS on a live basis;

5.3.2    will be responsible for uploading the applicable Accommodation Rates and Terms of Stay to the GDS in accordance with the instructions provided to the Property Partner by BookMyStay from time to time.

5.4       Where Accommodation is made available:

5.4.1    if a Channel Manager is used, the Property Partner acknowledges that the Channel Manager provides live information and BookMyStay may make Reservations or make alterations to Reservations for the Accommodation at the Accommodation Rates which are available through the Channel Manager on a live basis;

5.4.2    if the Property Partner does not use a Channel Manager, the Property Partner shall maintain accurate Accommodation allocations and Accommodation Rates on Orbital One. BookMyStay, subject to clause 5.5, may make Reservations or make alterations to any Reservations for the Accommodation at the Accommodation Rates which are available through Orbital One.

5.5       All Reservations for Online Accommodation shall be binding on the Property Partner and the Property Partner shall honour the same from the time of:

5.5.1    for users of a Channel Manager, the time the Property Partner receives a Reservation notification from the relevant Channel Manager;

Offline Reservations

5.6       For Offline Accommodation, all Reservations are binding on the Property Partner from the earlier of:

5.6.1    the time the Reservation confirmation is received in writing by email from the Property Partner; or

5.6.2    the expiry of one hour from the time a Reservation is sent or communicated by

 

BookMyStay to the Property Partner.

6          TERMS OF STAY AND CANCELLATION POLICY

6.1       The Property Partner shall provide BookMyStay with the Cancellation Policy which applies to a Reservation for Accommodation. BookMyStay shall notify the Cancellation Policy to the Client.

6.2       It shall be the responsibility of the Property Partner to provide the Terms of Stay to the Client prior to any use of the Accommodation (and to the Guest upon check-in at the Accommodation).

6.3       The Property Partner agrees that in all matters relating to Accommodation and a Reservation they shall comply with such Terms of Stay.

6.4       The Property Partner may only seek to remove or otherwise refuse entry to a Guest to Accommodation where:

6.4.1    the Property Partner has agreed with BookMyStay any action in relation to a Guest prior to taking any action; and

6.4.2    such action is strictly in accordance with the Terms of Stay, which have been provided to such Guest in advance of such action being taken.

6.5       The Property Partner, where it wishes to take:

6.5.1    a security deposit from the Client or Guest; or

6.5.2    a swipe of the Client’s or Guest’s credit or debit card for security deposit purposes,

the Property Partner shall be responsible for making all the necessary arrangements to do so.

 

7          CANCELLATIONS  AND  EXTENSIONS

7.1       BookMyStay shall notify the Property Partner of any cancellation requests from Clients or Guests as soon as possible.

7.2       The Property Partner shall refer to BookMyStay any cancellation requests, early departures and no shows by the Guest within 24 hours of becoming aware of such event to ensure that Reservations can be amended prior to invoicing.

7.3       BookMyStay shall be responsible for charging any sums payable by the Client or Guest under the terms of a Cancellation Policy for cancellations, early departures or no shows.

7.4       The Property Partner shall inform BookMyStay of any extension requests within 24 hours of the request. Any extensions to a Reservation shall be at the same or lower Accommodation Rate as for the original Reservation.

7.5       If a Client or Guest cancels a Reservation or there is an early departure or no show by the Guest, the Property Partner shall:

7.5.1    use reasonable endeavours to resell the Accommodation for the period of the Reservation which has not utilised; and

7.5.2    where the Property Partner is able to resell the Accommodation for a period of the Reservation which has not been utilised, the Property Partner shall inform BookMyStay and BookMyStay shall reduce the cancellation charges applying under the Cancellation Policy by the amount received from reselling the Accommodation.

 

8          COMPLAINTS AND FEEDBACK

8.1       The Property Partner shall:

8.1.1    acknowledge all complaints and respond to the complainant within two hours of receipt of a complaint (whether that complaint has come directly from the Client, the Guest or from BookMyStay).

8.1.2    keep BookMyStay fully informed of any feedback received from any Guest or Client regarding the Accommodation, whether positive or negative, and inform BookMyStay within one working day of any complaints received.

8.2       BookMyStay shall keep the Property Partner informed of any feedback received from any Guest or Client regarding the Accommodation, whether positive or negative, and inform the Property Partner within a reasonable period of any complaints received.

8.3       The Property Partner shall use best efforts to:

8.3.1    resolve a complaint within six hours of receipt of the complaint from the Client, Guest or BookMyStay; or

8.3.2    in the absence of resolving the complaint, reach agreement with the Guest or Client regarding how to resolve the complaint with a full written response provided to the Guest or Client on the steps to be taken.

The Property Partner shall provide BookMyStay with copies of any correspondence relating to the complaint.

8.4       BookMyStay shall on the request of the Property Partner provide reasonable assistance in addressing any complaint or issue the Property Partner has with a Client or Guest.

 

9          COMMISSION

9.1       Commission is payable by the Property Partner to BookMyStay on the Accommodation Rates for all Reservations, including food and beverage pre-booked (i.e. prior to arrival), cancellation fees and no show fees

9.2       Subject to clause 9.3, Commission is payable by the Property Partner to BookMyStay at the rate set out in the Contract Details.

9.3       Commission is payable at the rate stated in the Contract Details for all Reservations unless a different percentage for a defined period is agreed in advance in writing by an authorised representative on behalf of each of the parties.

9.4       If a Reservation is cancelled by a Client due to an act or omission of the Property Partner, Commission shall be payable on the Accommodation Rates which would have been payable but for the cancellation (irrespective of whether or not the Accommodation has been occupied by a Guest).

9.5       If a Reservation is cancelled by a Client or Guest, Commission shall be payable on any cancellation fee payable under the Cancellation Policy.

9.6       Unless otherwise agreed in the Contract Details, BookMyStay will deduct the Commission from the payment of Accommodation Rates made to BookMyStay by the Client for the Reservation. BookMyStay will forward (if applicable) a Sales Tax commission receipt to the Property Partner for their records.

 

10        PAYMENTS

10.1     Where a Client confirms a Reservation for Accommodation, BookMyStay shall take payment from the Client of the Accommodation Rates.

10.2     The Property Partner shall invoice BookMyStay for the Accommodation Rates:

10.2.1  in accordance with the EU TOMS regulations, in respect of a Reservation at an appropriate time (and in any event no sooner than 7 days after the Guests’ check-in date), taking into account the dates for which the Reservation is made; and

10.2.2  in any event no later than 60 days’ after the Guests’ check-out date at the Accommodation.

10.3     For Reservations of 30 nights or fewer, BookMyStay will pay the whole amount in one transaction. Invoices should be issued to BookMyStay on the day that the Reservation ends and the Client checks out.

10.4     For Reservations of 31+ nights, BookMyStay will pay the first 30 nights in full and the balance on a month by month basis thereafter. Invoices should be issued to BookMyStay at the end of the first 30 nights and then at the end of each subsequent monthly period.

10.5     Subject to the Property Partner’s compliance with the terms of this

clause 10, BookMyStay will pay all undisputed invoices 14 days from the date of check-in. If the invoice is received after check-in, payment will be 14 days from receipt date.

10.6     BookMyStay shall make undisputed payments to the Property Partner irrespective of whether the Client has made the related payment to BookMyStay or not.

10.7     BookMyStay will apply for credit facilities with the Property Partner if the Property Partner requires it as part of their normal business practice.

10.8     BookMyStay will pay the Accommodation Rates (less Commission) direct to the Property Partner’s nominated bank account, or by other agreed method. All other ancillary and incidental costs should be charged to the Client directly by the Property Partner, subject to provision of applicable receipts and invoices.

10.9     The Property Partner shall be responsible for any bank charges that apply in relation to a Reservation.

10.10   As an exception, where BookMyStay instructs the Property Partner in writing to do so the Property Partner shall collect the Accommodation Rates from the Client or Guest for a Reservation and the Property Partner shall upon receipt of an invoice from BookMyStay immediately make payment of the Commission to BookMyStay directly.

10.11   Where the Property Partner fails to invoice BookMyStay for the Accommodation Rates within 60 days’ of the Guests’ check-out date at the Accommodation, as set out in clause 10.2.2, the Property Partner shall forfeit its right to invoice BookMyStay (or the Client) for the Accommodation Rates.

 

11        REFUNDS

In the event that BookMyStay is required to pay a Refund to a Client or Guest, the Property Partner shall pay to BookMyStay such amounts as BookMyStay requests within 7 days of such request. Credit allocation for future reservations will not be accepted without prior agreement.

 

12        ACCOMMODATION RATES

12.1     The Property Partner is responsible for providing BookMyStay with the Accommodation Rates for the Accommodation.

12.2     In relation to Static Rates, the Accommodation Rates should be valid for the period 1st January to 31st December each year and must be sent to BookMyStay no later than 30th November of the preceding year.

12.3     In relation to Live Rates, the Accommodation Rates shall be those available on the GDS or Orbital One (whether updated in a Channel Manager or otherwise) at any moment in time.

12.4     Where a Client has made a Reservation the Accommodation Rates for that Reservation shall remain unchanged. This applies irrespective of whether the Property Partner (or BookMyStay on its behalf) has updated their Accommodation Rates in accordance with clauses 12.2 to 12.4.

12.5     The Property Partner warrants that the Accommodation Rates offered to Clients making Reservations via BookMyStay shall at all times remain competitive when compared to rates which it otherwise makes available and are at no higher rates (or on no less favourable terms) than accommodation rates offered directly by the Property Partner to other agents, other distribution channels, its own reservations or sales personnel, users of its own website and any other websites which sell, promote or otherwise make available the Accommodation

12.6     The Property Partner may at any time put forward incentives or special offers either by:

12.6.1  notifying BookMyStay directly where the Accommodation is on a request basis, or

12.6.2  the special offers function of Orbital One, if the Property Partner controls its own inventory to add such offers directly onto the Websites.

12.7     The Property Partner is responsible for ensuring that the Websites accurately reflect the offers described at clause 12.7 and shall honour all Reservations within the terms and conditions of the offer as displayed on the Websites and shall at all times keep BookMyStay informed of any such offers.

12.8     Accommodation Rates should be provided for Reservations:

12.8.1  inclusive of Commission but exclusive of Sales Tax, for Reservations made by corporate Clients relating to Accommodation located in the United Kingdom;

12.8.2  inclusive of Commission and Sales Tax, for Reservations made by corporate Clients relating to Accommodation located outside of the United Kingdom or leisure Clients.

The Property Partner is responsible for notifying BookMyStay in writing prior to any Reservation Requests being received of all taxes that apply.

12.9     If the Accommodation is located in the United Kingdom, it is expected that the Property Partner will apply the reduced rate of Sales Tax from the 29th consecutive night onwards. If the Property Partner wishes to apply a different Sales Tax policy, this must be clearly explained in writing when the Accommodation Rates are provided.

 

13        EU TOUR OPERATOR MARGINS SCHEME ‘TOMS’

13.1     Unless stated otherwise in the Contract Details, BookMyStay will be acting as a ‘disclosed agent’ for the purposes of the EU TOMS legislation (TOMS).

13.2     Further to clause 13.1,

13.2.1  for the Client to be able to recover Sales Tax on the Accommodation Rates, BookMyStay must act formally as a ‘disclosed agent’ in order to stay out of the TOMS. BookMyStay will require the Property Partner to issue their invoices in a TOMS compliant format and this format will be defined on the Reservation confirmation document (with an example of a completed form being available on Orbital One).

13.2.2  the Property Partner acknowledges that the TOMS do not apply to Reservations made through BookMyStay

 

14        INTELLECTUAL PROPERTY

14.1     The Property Partner grants BookMyStay a license to use all Accommodation Information that it provides to BookMyStay r in relation to the Accommodation for (i) the advertisement and promotion of the Accommodation on the Website and elsewhere and (ii) such other internal and external marketing uses that BookMyStay determines from time to time.

14.2     BookMyStay may modify or adapt such Accommodation Information as it deems appropriate for the purposes of advertising and promoting the Accommodation, but will not falsify or misconstrue it in any way.

14.3     The Property Partner warrants that it owns all IPRs in any Accommodation Information that it supplies to BookMyStay and that any use of such Accommodation Information by BookMyStay shall not infringe the IPRs of any third party.

14.4     The Property Partner agrees to indemnify BookMyStay for any losses, expenses, claims, damages or liabilities that BookMyStay may suffer as a result of any use of Accommodation Information it supplies to BookMyStay whether in relation to intellectual property infringement or otherwise.

14.5     The Property Partner agrees that all IPRs on the Websites and in the materials on the Websites (other than the IPRs in any Accommodation Information) shall at all times remain vested in BookMyStay (and where relevant its licensors).

14.6     The Property Partner may request removal of any information about their Accommodation on the Websites if it is inaccurate, or if they are otherwise unhappy with how the Accommodation is presented. BookMyStay will endeavour to remove the information within 7 days.

 

15        DATA PROTECTION

Where the Property Partner processes any Personal Data under this Agreement, the Property Partner agrees to comply with the Data Protection Requirements.

 

16        LIABILITY AND INDEMNITY

16.1     Nothing in this Agreement shall limit either party’s liability for death or personal injury caused by their negligence or for fraud or fraudulent misrepresentation or for anything else in relation to which it would be unlawful for them to limit or exclude their liability.

16.2     Subject to clause 16.1, BookMyStay shall not be liable to the Property Partner, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement for any indirect or consequential loss or for any of the following losses: (a) loss of profits; (b) loss of revenue; (c) loss of sales or business;

(d) loss of agreements or contracts; (e) loss of anticipated savings; (f) loss of or damage to goodwill or reputation; or (g) loss of use or corruption of data or information.

16.3     Subject to clause 16.1, BookMyStay’s total liability to the Property Partner, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited as follows:

16.3.1  the extent that the claim relates to a particular Reservation, BookMyStay’s liability shall be limited to an amount equal to the Commission paid to BookMyStay in respect of that Reservation; and

16.3.2  to the extent that the claim does not relate to a particular Reservation, BookMyStay’s liability shall not exceed the greater of:

(i)         £500,000; and (ii) an amount equal to the Commission paid to BookMyStay r under this Agreement in the 12 month period immediately prior to the event giving rise to the claim.

16.4     BookMyStay shall not carry out any checks during the Reservation in relation to the Clients or Guests and shall in no way be responsible or liable for their acts or omissions or for any damage or problem caused during their use of the Accommodation. The Property Partner shall accept all risks in relation to the Clients or Guests and their use of the Accommodation.

16.5     The Property Partner shall indemnify and keep BookMyStay indemnified against any liabilities or losses howsoever caused in relation to the Reservation (or the Client’s, Guest’s or any third party’s use of the Accommodation), except to the extent that the loss or liability occurs due to BookMyStay’s or a Group Company’s negligence.

 

17        INSURANCE

17.1     The Property Partner shall as a minimum maintain the following insurance policies during the term of this Agreement with a reputable insurance company:

17.1.1  public liability insurance, to a minimum of £5 million (or local equivalent), to cover injury and damage to Clients, Guests and other third parties at the Accommodation or otherwise on the Property Partner’s premises. This insurance policy must include cover for accidents;

17.1.2  employers’ liability insurance of £5 million (or local equivalent).

17.1.3  suitable comprehensive insurance for the contents and building of the Accommodation and any other property of the Property Partner of £5 million (or local equivalent).

17.2     Where the Property Partner’s insurance under clause 17.1.3 covers property belonging to Clients or Guests, the Property Partner shall extend the benefit of such insurance to the Client and Guests.

17.3     The Property Partner will notify the applicable insurance company that the Accommodation will be let.

17.4     The Property Partner will, on BookMyStay’s request, supply BookMyStay with evidence of such valid insurance cover.

 

18        DURATION AND TERMINATION

18.1     This Agreement shall remain in force until terminated by one party giving the other party not less than 30 days’ written notice to terminate.

18.2     If the Property Partner terminates this Agreement, such termination by the Property Partner will not affect any Reservations made prior to termination and the Property Partner shall provide the Accommodation in respect of all such Reservations in accordance with this Agreement.

18.3     BookMyStay shall only be entitled to terminate or cancel a Reservation made by written notice to the Property Partner if the Property Partner breaches any of the provisions of this Agreement and in such circumstances the Property Partner shall refund all Accommodation Rates paid in relation to such Reservation. Any other cancellation of a Reservation shall be dealt with in accordance with the Terms of Stay or as otherwise agreed between the parties.

18.4     The termination of this Agreement shall not impact any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

18.5     The Property Partner shall immediately pay to BookMyStay any and all sums outstanding as at the date of termination including (where applicable) the payment of all Commission.

18.6     BookMyStay shall be entitled to and the Property Partner shall pay to BookMyStay all Commission on Reservations which are fulfilled after termination of this Agreement but which arise due to the work confirming Reservation(s) undertaken by BookMyStay

18.7     Without impacting upon any BookMyStay’s other rights or remedies, BookMyStay may remove the Property Partner and/or the Accommodation from its Websites or suspend the performance of any of its services or terminate this Agreement without further liability in the event of non or late payment by the Property Partner or if BookMyStay has reason to doubt the creditworthiness of the Property Partner.

 

19        ASSIGNMENT AND SUB-CONTRACTING

19.1     This Agreement and all rights under it may be assigned or transferred by BookMyStay.

19.2     The Property Partner shall not assign, transfer, sub-contract or otherwise deal with this Agreement without BookMyStay’s prior written consent.

 

20        ANTI-BRIBERY

20.1     The Property Partner shall:

20.1.1  comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Bribery Legislation);

20.1.2  not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;

20.1.3  comply with BookMyStay’s “Anti-bribery and Anti-corruption Policy” may update them from time to time (Anti-Bribery Policy);

20.1.4  have and shall maintain in place throughout the term of this Agreement its own policies and procedures, including adequate procedures under the Bribery Act 2010, to ensure compliance with Bribery Legislation, the Anti-Bribery Policy and clause 20.1.2, and will enforce them where appropriate; and

20.1.5  promptly report to BookMyStay any request or demand for any undue financial or other advantage of any kind received by the Property Partner in connection with the performance of this Agreement;

 

21        VARIATION

21.1     BookMyStay reserves the right to amend this Agreement on 14 days’ written notice to the Property Partner from time to time.

21.2     If the Property Partner continues to make the Accommodation available on the Websites for a period of 14 days’ after receiving BookMyStay’s written notice to vary this Agreement, the Property Partner shall be deemed to accept the terms of any variation notified by BookMyStay under clause 21.1.

 

22        THIRD PARTY RIGHTS

22.1     Subject to clauses 22.2 and 22.3, BookMyStay and the Property Partner agree that any and all rights (express or implied) conferred upon any third party to this Agreement by the Contracts (Rights of Third Parties) Act 1998 are expressly excluded.

22.2     Any Group Company may enforce the terms of this Agreement in relation to the Accommodation it has advertised or promoted on the Property Partner’s behalf.

22.3     A Client may enforce the terms of this Agreement against the Property Partner in relation to the Data Protection Requirements.

 

23        NOTICES

23.1     Any notice given to a party under or in connection with this Agreement shall be in writing and shall be:

23.1.1  delivered by hand or by pre-paid first-class post or other next working day delivery service to the following address:

23.1.1.1           Property Partner: the address set out in the Contract Details

23.1.1.2           BookMyStay: 3 Dukes Gate, London, W4 5DX

23.1.2  sent by email to the address set out below:

23.1.2.1           Property Partner: the email address for notice set out in the Contract Details

23.1.2.2           BookMyStay: sales@bookmystay.co.uk

23.2     Any notice shall be deemed to have been received:

23.2.1  if delivered by hand, on signature of a delivery receipt;

23.2.2  if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the next working day after posting;

23.2.3  if sent by email, at 9.00 am on the next working day after sending.

23.3     References to working days in clause 23.2 are to working days (excluding weekends and public holidays) in the country of receipt.

23.4     This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any method of dispute resolution.

 

24        GENERAL

24.1     Any reference to a statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

24.2     A reference to writing or written includes emails but not faxes.

24.3     Any waiver by either party of a breach of any provision of this Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision.

24.4     This Agreement and the documents referred to herein constitute the entire agreement between BookMyStay and the Property Partner and supersedes any prior written or oral agreement in relation to its subject matter and the parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.

24.5     Each provision of this Agreement is independent and severable from the remaining provisions and enforceable accordingly. If any provision of this Agreement is unenforceable for any reason but would be enforceable if part of the wording of the provision was deleted, it shall apply with such deletions as may be necessary to make it enforceable.

24.6     This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

 

 

25        DEFINITIONS

The following definitions apply in these Property Partner Terms:

Accommodation         the Property Partner’s serviced apartments, apartments, hotel or other accommodation which BookMyStay may advertise on the Websites and elsewhere;

 

Personal Data has the meaning provided in the Data Protection

Requirements;

Property Partner         the entity set out in the Contract Details;

Refund a refund to a Client or Guest as a result of any overpayment or any cancelled or shortened stay (either

 

Accommodation Information

 

Accommodation Rates

 

the information and materials the Property Partner is required to load onto Orbital One in relation to the Accommodation and/or the facilities, services and amenities offered from time to time;

the rates for staying at the Accommodation as determined in accordance with this Agreement;

 

Relevant Consents

 

in accordance with the Terms of Stay or as a result of a complaint);

means all necessary consents from:

(i)         the relevant local authority or regulatory body to make Reservations available for the Accommodation for a period of less than six months;

 

Agreement      these Property Partner Terms together with the

Contract Details;

Applicable Law            all applicable laws, rules, regulations and regulatory requirements including without limitation all building and health and safety legislation as updated from time to time;

 

(ii)        any leaseholder that the Property Partner requires consent from under a headlease or superior lease to make the Accommodation available under this Agreement;

(iii)       any mortgage lender or charge holder where the Accommodation is subject to a mortgage or charge.

 

Cancellation Policy

 

the Property Partner’s standard cancellation policy in relation to Reservations for the Accommodation (or such

 

Reservation(s) a reservation made by BookMyStay for Accommodation in accordance with the terms of this Agreement.

 

amended cancellation policy as agreed between the Property Partner and BookMyStay);

 

Reservation Request(s)

 

a request made by a Client and received by BookMyStay (whether via telephone, the Website or otherwise) with regards to a possible reservation for accommodation of the type, price range and in the location of the Accommodation;

 

Client(s)           any person, firm or company who either themselves or through a third party makes a Reservation or Reservation Request;

Commission    the remuneration to be paid to BookMyStay in relation to each Reservation as set out in the Contract Details;

 

Sales Tax         any sales tax or similar such tax which is levied upon the

provision of the Accommodation;

BookMyStay is a trading name of Pure Executive Properties Limited a company registered in England and Wales with Company Number 08863133 whose registered office is Suite 13259, 483 Green Lanes, London, N13 4BS,

 

Confidential Information

 

any confidential, commercially sensitive or proprietary information of BookMyStay (including but not limited to any information howsoever concerning the Client or Guests), but excluding any information: (i) in the public domain otherwise than by a breach of this Agreement; (ii) which the Property Partner can prove by documentary evidence (to BookMyStay’s reasonable satisfaction was already known to the Property Partner; or (iii) which a director of BookMyStay agrees in writing is disclosable;

 

including any trading name BookMyStay operates under

from time to time, including but not limited to Ideal Collective SA

Static Rates     the Accommodation Rates for Offline Accommodation which can be uploaded to Orbital One;

Terms of Stay  such terms and conditions imposed by the Property Partner on the Guest in relation to Accommodation and a Reservation;

Websites         means (i) the website at

 

Contract Details          the contract details which accompany these terms and conditions;

 

https://www.bookmystay.co.uk; and (ii) any other websites or online tools operated by BookMyStayand/or

 

Data Protection Requirements

 

BookMyStay’s requirements regarding the Property Partner’s processing of Personal Data

 

any Group Company that BookMyStay determines the

Accommodation may be promoted and made available through in accordance with this Agreement from time to time.

 

Group  in relation to BookMyStay, any subsidiary or holding company from time to time of BookMyStay, and any subsidiary from time to time of a holding company of BookMyStay;

Group Company         in relation to BookMyStay, any member of its Group

Guest(s)          an individual who, as a result of a Reservation made by them, or by a Client on their behalf, will be a guest at the Accommodation;

IPRs     intellectual property rights, including copyright, trade marks (registered or unregistered), brand, design rights, database rights, patents or confidential information;

Live Rates        the Accommodation Rates made available through the GDS or Online Accommodation made available through Orbital One, either manually or through the Channel Manager;

 

Minimum Standards

 

Offline Accommodation Online Accommodation

 

the minimum standards which the Property Partner is to comply with in relation to this Agreement as set out at https://www.bookmyswtay.co.uk

Accommodation which is not Online Accommodation;

 

Accommodation which can be reserved by a Client via the online reservation function of a Website, as set out in clause 5 or via BookMyStay’s online self-reservation tool;

 

 

 

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