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A. What is this?
1. This is an agreement between you, the Plum Guide Host seeking to list your accommodation on The Plum Guide website and us, The Plum Guide of 39a Underwood Street, Islington, London N1 7LG.
2. We realise that it is a pain to read through lengthy legal documents, so we have separately provided you with a short document (known as the Host Headline Terms) summarising the key terms of this agreement. However, our lawyers have asked us to remind you that the Host Headline Terms are for information only, and this is the agreement that fully sets out your rights directly against/obligations directly towards us so please ensure you read it thoroughly.
3. Please note that all of your obligations directly towards, and rights directly against, guests are set out in the Host/Guest Agreement.
1. If we invite you to list your accommodation, you can either say no (and we will go away with a tear in our eye) or you can agree for your accommodation to be tested as described below.
2. Before we test your accommodation, you will be asked to provide some basic information. It is critical that:
a. the information you provide is precise as we will be relying on your answers for the purposes of any eventual listing - so for example don’t say you have a sauna and plunge pool if you actually live in a studio apartment with only an airbed and a half eaten tin of baked beans; and
b. you understand the key obligations on you. In particular, you will be required to agree that:
i. by permitting us to test your accommodation, you irrevocably agree that we can list your accommodation in The Plum Guide (if we choose to do so) – however, if after testing, you cruelly decide that you don’t want your accommodation to be featured, you agree to reimburse us our testing costs as specified in paragraph B4(c) below;
ii. you will list your property with us for at least 18 months, and provide 3 months of availability during each rolling 12-month period. All hosts who list on The Plum Guide should do so after fully understanding and following the laws and regulations that apply in their town, city, and/or building. Especially laws that restrict their ability to host paying guests for short periods.
iii. you will not charge any per-night accommodation fees or fees for additional services that are higher than those displayed on any other service, website or platform (including your own service, website or platform); and
iv. we own all rights in any photos, text or information that we (or our agents) create or develop in relation to your accommodation.
3. Once you have provided the requested information, we will arrange a time to send a super-friendly tester to your accommodation. The testing process may take up to 2 hours, and will require you (or your representative that knows the property exceptionally well) to be present at the accommodation at all times.
4. You will see from the testing process that we put a lot of time and effort into ensuring that accommodation is suitable for The Plum Guide. Therefore, you agree that we have the option to charge (and you will pay) the following sums if the following events occur:
a. if you provide us with incomplete or incorrect information prior to, or during, testing: £100 for the testing, and a further £100 for photography and £100 for copy (to the extent that any/all of these have been completed);
b. if you move the time slot agreed for testing with less than 48 hours’ notice: £50 as a reschedule fee; and
c. if, after testing, you decide that we cannot list your accommodation, you will need to reimburse us the costs we incurred in testing: £100 for the testing, and a further £100 for photography and £100 for copy (to the extent that any/all of these have been completed).
You agree that the amounts set out above are without prejudice to any other claims we may have against you.
1. As soon as possible after testing, we will notify you if your accommodation has been accepted into The Plum Guide.
2. If you are accepted (hurray!), we may send a photographer and/or copywriter to your accommodation (some accommodation will not require additional copy/photography). The photography/copyrighting process may take up to 4 hours, and may require you to be present at the accommodation at all times. If you need to move the time slot with less than 48 hours’ notice.
3. We own all rights in any photos, text or information that we (or our agents) create or develop in relation to your accommodation. This means that you cannot use these photos (or information/text) elsewhere without our permission. If we ask you to provide us with photos of your accommodation, you grant to us a perpetual, non-exclusive licence to use these photos on our service.
4. Provided that we do not include any information in your listing which is inaccurate, untrue or misleading, we have complete discretion in relation to the information we provide in the listing, the features of your accommodation that we highlight and the photographs of your accommodation that we use (if any). This editorial independence is really important to us, because our users rely on our impartial views to make their decisions.
5. Once we have completed your listing, we will publish it onto a “holding pen”. This provides you with a 48 hour period to highlight any inaccurate, untrue or misleading information in your listing. After this 48 hour period, the listing may go live. Here you will be able to modify your pricing and preferences, sync your calendar and manage your payments. We will require you to provide your bank details so we can pay you. We will also require you to provide a credit card in case you cancel a booking, as specified in paragraph H3 below.
6. Everyone wants their listing to be at the top of the pile, but you agree that we shall be solely responsible for the order and manner in which your accommodation is featured in The Plum Guide.
7. You must:
a. inform us immediately if there are any changes to your accommodation from the information listed in your listing; and
b. at least every four months, or otherwise at our request, provide us with updates on any local recommendations that we can include in your listing (at our discretion).
8. We reserve the right to amend and update your listing as we see fit, provided that we do not include any inaccurate, untrue or misleading information.
D. What you get from us
1. If your accommodation is listed in The Plum Guide, we will officially certify it as one of the best in your city by providing you access to the much coveted Plum Star asset library. This includes the Plum Star logo(s), diplomas and pictures you can use on any of the platforms you list on, to tell your guests you have a Plum Star. Your licence to use these assets is for as long as your accommodation is listed in The Plum Guide.
2. We will create a professionally designed entry in The Plum Guide. This will include bespoke copy, images and (where necessary) original photography.
3. We may remove your right to display any of the Plum Star assets, or your right to otherwise associate yourself with The Plum Guide, at any time (and for any reason) on notice to you.
E. Renewal and removal of listings
1. Unless either of us removes your listing (as described in paragraphs E2 and E3 below), your listing will last a minimum period of 18 months. At the end of that 18 month period, we will either:
a. automatically renew the listing for a further 18 months as well as your status as a Plum Star – we will do this if the feedback you have received from guests is amazing;
b. renew the listing for a further 18 months as well as your status as a Plum Star, subject to some minor clarifications from you (which we will obtain via email or phone);
c. renew the listing for a further 18 months as well as your status as a Plum Star, subject to re-testing in accordance with section B above;
d. not renew the listing and remove your accommodation from The Plum Guide; or
e. permit you to withdraw the listing.
f. As described in paragraph B3(b)(ii), each 18-month listing will need to include at least 3 months of availability during each rolling 12-month period. All hosts who list on The Plum Guide should do so after fully understanding and following the laws and regulations that apply in their town, city, and/or building. Especially laws that restrict their ability to host paying guests for short periods.
2. We reserve the right, at any time and without prior notice, to remove or disable access to your listing for any reason – either temporarily or permanently – including listings that we determine (in our sole discretion) are objectionable for any reason. Any removal of your listing under this paragraph E2 shall be without prejudice to our obligation to pay you any undisputed sums that we have received from guests staying at your accommodation prior to the removal of the listing.
3. You may not withdraw your listing (other than as set out in paragraph E1(e) above) unless you can demonstrate to our reasonable satisfaction that your accommodation is not listed for rental on any other platform or website and:
a. you are selling the accommodation or otherwise renting out the accommodation on a long-term lease;
b. a change in applicable laws or regulations means that it is no longer possible or financially viable for you to offer the accommodation for rent via The Plum Guide; or
c. any other exceptional circumstance exists which we agree (acting reasonably) means you are no longer able to offer the accommodation for rent via The Plum Guide.
Any proposed withdrawal of a listing should be notified to us at email@example.com. Please also provide us with as much notice as possible of the occurrence of any of the above circumstances. You are required to honour all bookings made through The Plum Guide before your withdrawal and may be charged for the cost of publishing and subsequently removing your listing.
F. Booking process
1. Upon listing your accommodation, you will be asked to specify whether “instant booking” or “request to book” should apply. “ Instant booking” means that confirmation of the booking will be sent automatically and instantly to the guest. “Request to book” means that you will be required to confirm the booking. These processes are described further in paragraphs 3 and 4 below.
2. A guest will book your accommodation by providing us with his/her personal information, order requirements and payment card details. Our system will then automatically produce a Booking Request setting out details of the guest’s booking and requiring the guest to confirm acceptance of the Guest/Host Agreement.
3. If you have chosen “instant booking”, our systems will confirm that the dates requested by the guest are available in your calendar and we will instantly send an automated Booking Confirmation to you and the guest.
5. The despatch of the Booking Confirmation as described in paragraphs 3 and 4 above will constitute your acceptance of the guest’s offer to rent your accommodation on the terms set out in the Booking Confirmation and the Guest/Host Agreement.
6. If a guest that has booked your accommodation notifies us that they have found cheaper total Accommodation Charges (as defined in paragraph J1 below) for your accommodation elsewhere, you agree that you will pay to us the monetary difference between the Accommodation Charges that the guest paid you through The Plum Guide and the Accommodation Charges payable elsewhere, plus £50 compensation (each of which we shall then pay to the guest) .
7. You acknowledge and accept that our obligation to make payment to you of the Accommodation Charges is subject to and conditional upon our successful receipt of the corresponding amount from the relevant guest.
8. We may round up or round down amounts that are payable from or to guests or hosts, as reasonably necessary.
9. You are solely responsible for determining and paying any and all taxes which may arise from the rental of your accommodation through The Plum Guide, other than those which are expressly stated in the Booking Confirmation to be paid by the relevant guest. We do not offer any tax advice to Plum Guide Hosts.
G. Guest due diligence
1. We want nice people to use The Plum Guide. However, we do not check guests’ identities or backgrounds (including, for example, whether they have a criminal record).
2. If we provide a description of a guest, or background information in relation to their interactions with The Plum Guide and/or any other hosts, it is for your information only. Please do not rely on this information and make sure you do your own due diligence before accepting a booking from a guest.
3. In short, we are not responsible to you for the acts or omissions of any guest staying at your accommodation or anyone that the Plum Guide Host permits to visit or stay in your accommodation.
1. Where a guest wishes to cancel his/her booking, we shall provide a full or partial refund to the guest in accordance with the terms of the Guest/Host Agreement and the cancellation policy that you have chosen to apply to your accommodation (i.e. “Firm”, “Reasonable” or “Relaxed ”).
2. Once a guest’s booking has been confirmed, you are not permitted to cancel that booking other than in extraordinary circumstances that mean it is impossible for you to provide the accommodation on the required dates or to the required standards. If this is the case, you must notify us immediately and provide such evidence as we require to verify the situation.
3. In the event you must cancel, we will work really hard to find the guest an alternative accommodation at the same price. However, if we can only find a viable alternative that is more expensive, you will be liable to pay the difference in per night accommodation charges (up to 20% above the price of their per night accommodation charges with you). In other words, if their per night accommodation charge with you was £500, you may be liable to pay up to £100 in cancellation fees. Note that we will try very hard avoid this charge. You expressly agree that we are entitled to deduct the relevant monies from the credit card that you provided when your listing was created. Note we will not act on your credit card without notifying you first.
4. If we are unable to find the guest suitable alternative accommodation, you agree that we are required to refund to them 100% of all Accommodation Charges (except fees) (to the extent that such monies have not been retained by us) that they have paid under their booking and that we may also provide them with reasonable compensation at our discretion. You will immediately refund to us any monies that the guest had paid in relation to his/her booking with you (to the extent such monies have not been retained by us) as well as the reasonable compensation figure that we stipulate .
5. You will automatically lose your Plum Star and your listing in The Plum Guide if you cancel bookings more than twice in any rolling 12-month period.
In considering whether to provide any refund to a guest (other than pursuant to the cancellation process referred to above), you must act reasonably and in good faith in considering any refund requests and you are required to commit fully to any mediation attempts that we may make. It is often better in the long-run to agree a reasonable refund through our mediation process than wait for a guest to bring a claim against you. If you agree to pay a refund to a guest, you must do so within 14 days after resolution of the relevant issue.
J. Fees and payments
1. You will notify us of the accommodation fees per night and the price of the additional services that you wish to charge in respect of the accommodation (together, the Accommodation Charges). You can change the Accommodation Charges at any time (subject to your obligations referred to in paragraph B2(b)(iii) above) but please allow us at least 72 hours to make any amendments to The Plum Guide. You will be required to honour the previously advertised Accommodation Charges in relation to all confirmed bookings before The Plum Guide is updated.
2. We do not currently charge hosts a fee for listing their accommodation in The Plum Guide. However, we do charge hosts a fee (known as the Host Service Fee) to cover our administrative costs in relation to the collecting and distributing of payments. This will be upto 3% of the total Accommodation Charges and will be notified to you by us. You expressly agree that we are entitled to deduct the Host Service Fee from the Accommodation Charges before we remit any monies to you.
3. We currently charge guests a fee (known as the Plum Service Fee) for each booking they make via The Plum Guide. The Plum Service Fee can be anything up to 12% of the total Accommodation Charges. We will add the Plum Service Fee to each guest’s booking and you expressly agree that the Plum Service Fee shall be retained by us and not remitted to you.
4. You expressly authorise us to act as your agent for concluding the rental of your accommodation and collecting monies from guests (as the merchant on record for taking payments) on your behalf. We will transfer funds to you as follows:
a. We shall transfer the Accommodation Charges to your nominated bank account (less the Plum Service Fee and the Host Service Fee) on the closest Friday, 24 hours after your guest has checked in. Please note the one exception to this rule is if the booking and check in occurs within the same week, the accommodation charges will be paid the following Friday.
b. We shall transfer the security deposit (or the relevant part of the security deposit) to you within 14 days after we are satisfied that sums are properly due and payable to you in relation to damage to your accommodation other than fair wear and tear; and
c. as between you and us, we shall retain the Plum Service Fee and the Host Service Fee in relation to each booking.
K. Property damage and security deposit
1. You accept that there will be reasonable wear and tear to your accommodation over time. That’s life. However, if you are able to demonstrate that your accommodation (or any part of it) is damaged during a guest’s stay, beyond reasonable wear and tear, you may instruct us to deduct the cost of the relevant damage from the guest’s security deposit. Please note that: (i) we will only be able to recover the stipulated payment on your behalf to the extent that we are able to charge the relevant guest’s card for the security deposit; (ii) you will need to pursue the guest separately in respect of any damage, the cost of which exceeds the security deposit; and (iii) guests may initiate the complaints procedure specified in section N below if they dispute the proposed reduction. In the event that we are unable to recover payment, we are not liable to compensate you and you need to rely on your insurance.
2. You must notify us within 48 hours after your guests’ departure if damage has been caused to the accommodation. You must provide us with evidence of any such damage. If you do not make a notification within 48 hours, we will presume that the damage has not been caused by the guests.
3. You are strongly advised to obtain appropriate insurance in respect of your accommodation and its contents. In particular, if you are planning to rely on your existing insurance policies, please make sure you check the terms carefully so that they do not exclude losses caused by the acts/omissions of the guests or other visitors to the accommodation.
4. You are not permitted to charge guests an end-of-stay cleaning fee as an additional cost. However, if you are able to demonstrate that the accommodation is heavily soiled and industrial cleaning is required after a guest’s stay, we will, subject to your notifying us within 48 hours after the guest’s departure, deduct the relevant charge from the security deposit paid by the guest. Guests may initiate the complaints procedure specified in section N below if they dispute the proposed deduction.
If a guest overstays at your accommodation, we will seek to recover payment from the guest of the relevant overstaying fee set out in the Guest/Host Agreement. In the event that we are unable to recover payment, we are not liable to compensate you.
M. Your confirmations and further obligations
1. You agree to comply in full with the terms of the Host/Guest Agreement, and shall immediately pay to us any costs, expenses or charges incurred by us (including that are payable to any guest) as a result of your non-compliance with the Host/Guest Agreement.
2. You agree that you will not enter the accommodation during any rental period other than:
a. in the event that you reasonably suspect a breach of the Host/Guest Agreement; or
b. if you are required to enter the accommodation in order to fulfil your obligations under the Host/Guest Agreement (in which case you must endeavour to provide at least 24 hours' notice); or upon a guest’s request.
3. You further agree that:
b. you have the right to grant the guest a licence to occupy the accommodation on the terms set out in the Booking Confirmation and the Host/Guest Agreement;
c. your entering into this agreement or the Host/Guest Agreement will not breach any other agreement to which you are a party (including the terms of any lease in relation to the accommodation);
d. it is your responsibility to obtain any additional consents that are required, and to pay any additional costs that may be be payable, in order grant to the guest a licence to occupy your accommodation;
e. any description of the accommodation or additional services that you provided to us is true, accurate and not misleading;
f. you will provide the accommodation in accordance and compliance with all applicable laws and regulations (including all local laws and regulations);
g. you will provide fire and health & safety guidance, which shall include information about fire exits, at least one first aid kit, smoke alarms and details of the water and gas shut-offs;
h. you will only contact the guest using the telephone number and email address that they provided on registration;
i. you will provide the accommodation to guests in clean and tidy condition, and free from rubbish; and
j. all essential appliances in the accommodation (which includes all appliances referred to in the listing) shall be in full working order.
1. We really hope that the guests are nice people, but in the event that there is a problem with your guests, please seek to resolve it directly with them in the first instance. If the problem is not resolved to your satisfaction, please send an email to firstname.lastname@example.org and we will take all reasonable steps to assist you and mediate any dispute.
2. If you have a complaint about any guest, you must notify us within 48 hours after their departure.
3. Where any complaint has been escalated to us, we will investigate the issue and respond to you and/or the guest as soon as reasonably practicable. We will use the contact information provided in the Booking Confirmation or your account details to communicate with each party unless otherwise advised. You will need to provide us with all information and evidence we reasonably require to investigate your complaint. We will use our reasonable endeavours to mediate and resolve any dispute within 14 days after it is first notified to us, but we give no warranty or undertaking about being able to successfully mediate any dispute during this 14-day time period, or at all.
1. We shall not be liable to you for: (i) any loss of profits, loss of business, loss of goodwill, loss of reputation or any other economic loss (in each case, whether direct or indirect) or for any indirect, consequential, or incidental damages of any kind; (ii) any amounts that you pay, or are liable to pay, to any guest (or any other person in relation to your accommodation); or (iii) the conduct or misconduct of any guest.
2. Our liability to you for all losses shall not exceed the fees that we have collected on your behalf but failed to pay to you in breach of this agreement.
3. Nothing in this section O limits or excludes our liability for death or personal injury caused by our negligence (or the negligence of our agents or employees) or for fraud.
2. We shall not be in breach for failure or delay in fulfilling any of our obligations under this agreement to the extent such failure or delay has been caused by any breach by you of this agreement, or by any event outside of our control.
3. This agreement, together with the documents referred to in this agreement constitutes the entire agreement between you and us and any other terms, conditions or prior representations whatsoever shall be of no effect unless expressly set out in this agreement. Nothing in this paragraph limits or excludes either party's liability for fraud.
4. If any term of this agreement is found to be void or unenforceable by any court or authority of competent jurisdiction, then all other provisions of this agreement will remain in full force and effect and will not in any way be impaired provided the parties agree a replacement provision which is as close as is legally permissible to the provision found invalid or unenforceable.
5. This agreement does not confer any rights on any person or party (other than the parties to this agreement).
6. We shall be entitled to sub-contract or delegate our obligations under this agreement without your consent, provided that we continues to remain ultimately responsible for the performance of those obligations.
7. Each party may send notifications to the other party using the contact details set out in the Booking Confirmation.
8. This agreement and any non-contractual obligations arising out of or in connection with it is governed by and is to be construed in accordance with the laws of England and Wales.
9. The parties submit to the non-exclusive jurisdiction of the English courts.
Last updated on: 13/03/2016