TwoCrown's Host Terms and Conditions
These Terms and Conditions form the basis of the contract between the Host ("you") and TwoCrown (the “Agreement”).
Please read all of the Terms and Conditions.
Terms and Conditions
TwoCrown provides a platform between you and members of the public who use TwoCrown ("TwoCrown Guest").
This Agreement is between you and TwoCrown.
When a TwoCrown Guest stays at your Property you enter into a separate contract with the TwoCrown Guest that covers the terms of their stay.
As your agent, TwoCrown will form binding agreements by way of licence between you and the TwoCrown Guest who agrees to let the Property on a short-term licence to occupy basis. Upon every booking of your Property via the TwoCrown website/platform, you will be contracted directly with each TwoCrown Guest (“The Accommodation Agreement”).
You agree that any booking which is made through TwoCrown is a binding contract between you and the TwoCrown Guest for a licence to occupy the Property on the agreed dates.
You agree that you have the right to offer stays in your Property via the TwoCrown platform and generally.You agree that, as the host, you own the Property or are duly authorised to arrange for lettings of the Property by way of licence to occupy (as principal and not as agent) and to enter into both this Agreement and agreements with TwoCrown Guests for the letting of the Property by way of licence to occupy.
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 this Property and engage us to market another Property or if we secure a one-off letting of the Property.
2. Appointment as Agent
You hereby appoint TwoCrown as your agent for the purpose of facilitating the licensing of your Property on a short-term basis.
3. Our Services
You are responsible for making sure that your Property is tidy and complies with relevant Health and Safety regulations before a TwoCrown Guest stay. TwoCrown will market your Property on TwoCrown's website.
The Property will be marketed at TwoCrown's sole discretion which may include being listed on TwoCrown's website but TwoCrown is under no obligation to market any Property or to take any bookings in respect of the Property.
During a stay TwoCrown may provide certain services on your behalf (if agreed in advance) to help TwoCrown Guests with their stay. This may include providing them with certain items on arrival to enhance their stay.
4. Booking Procedure
If a booking is accepted for a period that you have confirmed available then you will be obliged to fulfil the booking.
TwoCrown will provide you with an online system by which you will set out the dates on which the Property will and will not be available for bookings. It is your sole responsibility to maintain your online availability and keep it up to date. You will be able to select to make the Property “available” or “unavailable".
If you seek to terminate a booking then you will be liable to the TwoCrown Guest for the incremental costs of cancellation or alternative accommodation. If there is any surplus to pay as a result of your cancellation then this will be your responsibility.
5. Fees and Commission
TwoCrown's fees and commission structure will be at the pre-agreed percentage rate (10% or 20% as applicable depending on the type of Property e.g. hotel or chateau) of the fixed or variable fee equal to the number of nights during the period during which the Property is occupied by a TwoCrown Guest divided by the total number of nights during the period (“TwoCrown's Fee”).
Please note that any fees and agreed between you and TwoCrown does not amount to a licence or letting by you to TwoCrown of the Property.
We presume that you are registered for VAT. In any event all licence fees which are paid to you and payable by the Guest are deemed to be inclusive of VAT/relevant and applicable local taxes. /
6. Host Obligations
You agree that you have the right to offer stays in your Property to guests.
As a Host of a Property letting to a third party as a business you are under various obligations with respect to health and safety.
As a host of a Property letting to a third party as a business, you are under various Health and Safety obligations.
In particular you are responsible for compliance with regulations which require that:
- gas appliances are properly and regularly maintained;
- furniture is appropriately fire retardant;
- electrical appliances and outlets are safe;
- smoke and carbon monoxide alarms are installed; and
- the Property is safe and fit for occupation generally.
TwoCrown not qualified to provide advice on health and safety or fire risk matters.
We recommend that you check your existing insurance to ensure that it covers your personal liability including your liability to a Guest as this is not covered by our policy. 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.
You may also be liable to a TwoCrown Guest for any damage or loss that they may suffer during a stay.
You also warrant that you own the Property or that you are authorised to arrange lettings 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 lettings.
Either you or TwoCrown may end this agreement at any time, and you agree to honour any outstanding confirmed bookings. We will not accept any new bookings for your Property after the agreement has been ended.
Either party may terminate this Agreement at any time. If you terminate this Agreement, you agree to honour any outstanding bookings. If there are outstanding bookings at the date of termination then TwoCrown will not accept any new bookings for the Property but the contract will continue in respect of those existing bookings (subject to clause 8).
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 TwoCrown immediately without set-off or deduction.
TwoCrown 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 TwoCrown's 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 8); or
- you refuse to cooperate with TwoCrown in respect of this Agreement.
If any bookings are outstanding on termination by TwoCrown under this clause then clause 8 will apply.
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, commission and expenses, liability and damage).
8. Cancellation or Refusal of Booking by You
In the event you have to cancel a confirmed booking you will be liable for all costs or losses of cancelling and accommodating the guests elsewhere.
In the event that:
This Agreement is terminated by you and existing bookings cannot proceed under clause 7 (e.g. because you sell the Property or let the Property on a long-term basis) or you refuse to allow any booking which has been made in accordance with this Agreement to proceed then you will be fully liable to TwoCrown (under the terms of this Agreement) and to the TwoCrown Guest (under the licence agreement) for all associated costs, charges, damage and liability which TwoCrown or the TwoCrown Guest incur, including the cost of supplying the TwoCrown Guest with appropriate alternative accommodation (of 5 star quality). You agree to indemnify us on a continuing basis in respect of any such cancelled booking.
In the event a TwoCrown Guest cancels, TwoCrown's normal cancellation terms for bookings apply and you will receive your proportion of any recoverable sum.
In the event that a Guest cancels prior to arrival, TwoCrown will (at TwoCrown's sole discretion) determine the cancellation terms that apply. You will then (provided that the cancellation does not arise from your negligent or wilful act or omission) receive the same proportion of funds TwoCrown have retained from the TwoCrown Guest as the proportion of total fees you would have received had the booking proceeded as normal.
9. TwoCrown's Liability to You
TwoCrown limits liability to you in certain respects. This paragraph details TwoCrown's liability and TwoCrown recommends you review it in full.
TwoCrown will not be liable to you in the event of a claim by a TwoCrown Guest against you unless this arises due to TwoCrown's negligence.
TwoCrown 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, loss of anticipated savings or lost opportunity arising as a result of the services TwoCrown provides to you (whether suffered or incurred as a result of TwoCrown's negligence or otherwise) except in the case of fraud, wilful concealment or theft
TwoCrown will not be liable for any Property loss or damage, or any loss, theft or damage to contents which is caused by a TwoCrown Guest booking.TwoCrown's liability to you for all losses not subject to above section of clause 9 above is capped at the level of commission paid by you to TwoCrown in any period of one year.
Nothing in this Agreement limits or excludes our liability for death or personal injury arising as a result of TwoCrown's negligence.
Given that you are entitled to obtain insurance in respect of damage to the Property and given that TwoCrown is unable to ascertain in advance the level of any other losses you might suffer, you accept that the limitations on TwoCrown's liability set out above are reasonable.
10. Your Liability
It is your responsibility to ensure your Property is ready and safe for guests.
You will be liable to TwoCrown and to any TwoCrown 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 Accommodation Agreement you have with a TwoCrown Guest.
You will be liable to the TwoCrown 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 on our website.
In the event of an issue, complaint or dispute with a TwoCrown Guest you shall use your best endeavours to resolve such dispute.
This paragraph covers the general terms of TwoCrown's agreement. You confirm your right to enter this agreement with TwoCrown, and acknowledge that TwoCrown may share your information with third parties.
You agree that you have the power to enter into this Agreement, that you own or are authorised to let the Property as principal and that the Property is not subject to any third party rights which might affect your ability to let the Property.
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 TwoCrown's express written consent.
TwoCrown 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 TwoCrown's reasonable control such as severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest. You agree that TwoCrown may use information about you to assist us and/or other parties in fulfilling the terms of this Agreement. This information will include contact details and information about work undertaken for you. TwoCrown may also use your information for our own marketing purposes. You may choose to opt out of this.
This does not affect your statutory rights under the Data Protection Act 1984 and 1998. Unless TwoCrown has your express consent TwoCrown will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the proviso that TwoCrown may disclose your data if we sell our business (provided that such buyer agrees to comply with the terms of the Data Protection Act). TwoCrown may also disclose your data to certain permitted third parties, such as your solicitors, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data.
Save in the case of fraud these terms as completed and supplemented by the Property Particulars and any written correspondence between you and TwoCrown 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.
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.
These conditions are governed by the laws of England and Wales. You agree, as TwoCrown does, to submit to the exclusive jurisdiction of the English courts. If you breach these Terms and Conditions and TwoCrown decide to take no action or neglect to do so, then TwoCrown will still be entitled to take action and enforce TwoCrown's rights and remedies for any other breach.
TwoCrown may revise these Terms and Conditions from time to time, and will always post the most current version on TwoCrown's website. If a revision materially affects your rights, TwoCrown will notify you (by, for example, sending a message to the email address associated with your account, posting on a TwoCrown blog or on this page). By continuing to use TwoCrown services after the revisions come into effect, you agree to be bound by the revised Terms and Conditions. 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, email or, by directly entering information into a specially designed area of TwoCrown's website. A notice of termination may be served by you either by registered post to our registered office (details available on our website) or by email. A notice of termination which is sent to TwoCrown by email shall not be effective until it has been acknowledged by TwoCrown (and any ‘out of office’ or autoreply 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.