WHERE TO STAY APARTMENTS LTD TERMS AND CONDITIONS FOR AGENCY- PROVIDING BOOKING AND MANAGEMENT SERVICES 

These Terms and Conditions apply when WHERE TO STAY APARTMENTS LTD, a company incorporated in Scotland with registered number SC719100 and whose registered office is at Firbrae, Mellerstain, Gordon, Scotland, United Kingdom, TD3 6LG  (“Agent”) is appointed to handle bookings and fully manage accommodation let on a short-term basis via the Platform,  Airbnb or a similar website. The Terms and Conditions form the basis of the contract with the between the Agent and you the Client, so please read them carefully before signing the Appointment Form.

In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), these Terms and Conditions shall prevail unless expressly otherwise agreed by the Agent in writing.

1. Definitions and Interpretation 

“Accommodation”means the property (and garden, if any) identified in the Appointment Form;

“Applicable Laws”means the laws of Scotland and the European Union (where applicable) and any other laws or regulations, regulatory policies, guidelines or industry codes which apply to the performance of the Services;

“Agency Period”means the agency period specified in the Appointment Form;“Agency Website”means the Agent’s website www.wtsapartments.com   or such other website that the Agent uses to provide its services; 

“Appointment Form”means the form to be completed and signed by the Clients and the Agent in order to appoint the Agent as agent;

“Booking”means a reservation of Accommodation by a Guest via a Website or the Agency Website in order to procure a Letting;

“Business Day”means a day that is not a weekend when the banks in Scotland are open for business;

“Commission”means (subject to Clause 6) the percentage of the of the Rental Fees received in relation to the Accommodation in any month;

“Client Content”means any text, graphics, logos, images, photographs, audio, video, data compilations and any other form of information that is supplied to the Agent by the Client for the provision of the Services;

“Data Protection Legislation”means the General Data Protection Regulation ((EU) 2016/679) (where applicable in relation to the storage retention and processing of EU personal data), the Data Protection Act 2018, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) the EU-US Data Privacy Framework and the UK Extension, and all applicable laws and regulations relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner (as amended or replaced from time to time), and all applicable laws and regulations relating to the processing of personal data and privacy whether now or in the future in force;

“Deposit(s)”means a deposit paid by a Guest to secure a booking of the Accommodation;

“Final Balance”means the Rental Fees less the Deposit;

“Guest”means a third party who enters into a short term let of the Accommodation with the Client;

“Intellectual Property”means patents, trademarks, trade name, service mark, copyright, trade secrets, know-how, process, technology, development tool, ideas, concepts, design right, domain names, moral right, database right, methodology, algorithm and invention, graphical user interface, menu command hierarchy and any other proprietary information (whether registered, unregistered, pending or applied for);

“Letting(s)” means a lease of the Accommodation by a Client to a Guest;

“Letting Periods"means the periods of time during which the Accommodation is available for Lettings as set out in the Appointment Form or otherwise agreed between the Client and the Agent; 

“Other Payment(s)”means any additional fees payable by the Client to the Agent including outlays such as salaries, third party fees and third party licensing costs all as more particularly described in the relevant Appointment Form; “party”means either the agent or the Client as the case shall be and “parties” means both of them;

“Rental Fees”means the total amount due from a Guest in respect of a Letting (excluding a Security Deposit);

“Reserved Periods”means the periods of time during which the Accommodation is reserved for use by the Client as set out in the Appointment Form or otherwise agreed between the Client and the Agent;

“Security Deposit”means a security deposit received from a Guest in respect of possible theft, damage or destruction to the Accommodation.

“Staging Service”means the optional service whereby the Agent procures certain, furniture, fittings and décor on behalf of the Client, all as more particularly described in Clause 3.30; 

“Website”means a third party website operating an online marketplace for holiday lettings, short terms lets, homestays or experiences including but not limited to booking.com, Airbnb, vrbo, Homelike, comfyworkers, housinganywhere, agoda, Expedia, Where to Stay Bookings as identified in the relevant Appointment Form. 

2. Appointment of Agent

2.1 The Client appoints the Agent to act as their agent in the promotion and marketing of the Accommodation, the taking of Bookings for short-term lettings and the management of the Accommodation.

2.2 The Client shall not during the Agency Period appoint any other person as the Client’s agent for the purposes mentioned in Clause 2.1.

2.3 These Terms and Conditions together with the Appointment Form and the Privacy Policy contain the entire express agreement between the parties with respect to the Accommodation (“Agreement”) and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties. The elements of the Agreement will have precedence as follows:

2.3.1 Appointment Form(s) (in reverse chronological order);

2.3.2 Terms and Conditions; and

2.3.3 The Privacy Policy. 

3. The Agent's Duties

Advertising

3.1 The Agent shall use reasonable endeavours to promote, advertise and market the Accommodation and to obtain Bookings.

3.2 Without prejudice to the generality of Clause 3.1, the Agent shall prepare particulars of the Accommodation, including a written description and photographs and the Agent shall upload them to the relevant Websites or the Agency Website. 

3.3 where parties agree that professional video or photographs are to be prepared for promotion, marketing and advertising purposes as identified in Clause 3.2 above, the Agent will engage a photographer/videographer, at the Client's cost, such cost to be agreed between the parties and identified as an Other Payment, for the purposes of preparing the site photographs and video to be used for the purposes of Clause 3.2.

3.4 The Client shall be entitled to provide the Agent with its own Client Content for the purposes of the Agent using such Client Content for the purposes of advertising, marketing and promoting in accordance with Clause 3.2. Declaring for the avoidance of doubt that the Agent at its sole discretion shall determine if the Client Content is suitable for its use for promotion, marketing and advertising in terms of Clause 3.2 it shall not be obliged to use any of the Client Content. 

3.5 When advertising, marketing and promoting any the Accommodation on a Website the Agent hereby agrees to adhere to any such Website’s terms and conditions. 

3.6 The Agent shall in relation to the Accommodation describe itself as the Client’s agent.

3.7 The Agent shall act with all due care and diligence and in accordance with sound commercial principles.



3.8 The Agent will take Bookings on behalf of the Client, receive payment of Rental Fees and any Deposit and/ or Security Deposit from the Guest held by a Website and correspond with Guests before, during and after their stay. 

3.9 Any Bookings made through a Website will be subject to the Website’s terms and conditions. By agreeing to these Terms and Conditions the Client hereby agrees to the Agent using any agreed Website for the purposes of providing the Services and hereby agrees to comply with the relevant/applicable Website’s terms and conditions. The Agent is not liable (save to extent that such liability has resulted directly from a material breach of Agent’s obligations in terms of this Agreement) for any Client’s breach of any terms and conditions of any applicable Websites including in relation to any information, videos, photographs or Client Content the Client or the Agent on behalf of the Client, as applicable, has made publicly available on any Website. The Agent shall not be liable for a Client’s or any third party’s breach of any Website provider’s terms and conditions for the use of its services or any Website’s declining, cancellation or otherwise removal of a Client’s information, videos, photographs and/or Client Content or any cancellation of, refusal of, withdrawal of, or inability by a Guest to make a Booking (save to extent that such liability has resulted directly from a material breach of Agent’s obligations in terms of this Agreement). The agent is not in control of any Website and as such has no liability whatsoever (including any inability to provide the Services through any inaccessibility, inoperability, or any temporary or permanent closure of any such Website. The Client hereby indemnifies and holds the Agent harmless against any claim, action, loss or demand incurred by the Agent as a result of the Client’s breach of a Website’s terms and conditions.

Bookings

3.10 If a Booking is made through the Agency Website, the Booking will be subject to the Agent’s Guest Terms and Conditions, in the form shown here [insert hyperlink]. Payment of the Rental Fees is payable in full by the Guest to the Agent at the time the Booking is made. Upon the Guest submitting a Booking and paying the Rental Fees and the Security Deposit in terms of Clause 6.4, the Agent will send a Booking Confirmation to the Guest within 1 hour of receipt of the Booking. Only once a Booking Confirmation is sent is there a contract formed between the Agent on behalf of the Client and the Guest.

3.11 If a Client wishes to cancel a Booking it must do so in accordance with any relevant Website provider’s terms and conditions, used by the Guest to make the Booking, and the Client is liable for any and all cancellation fees, refunds and commission fees payable in terms of the Website provider’s terms and conditions. The Client must pay the Agent any such sums required to meet any cancellation fees, refunds and commission fees immediately on demand. Any refunds payable upon cancellation will be remitted to the Guest in accordance with the relevant Website’s terms and conditions. 

3.12 Without prejudice to the generality of Clause 3.1, the Agent shall prepare particulars of the Accommodation, including a written description and photographs and the Agent shall upload them to the relevant Websites or the Agency Website. 

3.11 Without prejudice to the generality of Clause 3.1, the Agent shall prepare particulars of the Accommodation, including a written description and photographs and the Agent shall upload them to the relevant Websites or the Agency Website. 

3.12 if the Client wishes to cancel a Booking made through the Agency Website it must notify the Agent forthwith to allow the Agent to contact and notify the Guest. If the Client cancels the Booking by giving less than the required notice as detailed in the relevant Appointment Form the Client will be required to pay a penalty to the Agent, as detailed in the relevant Appointment Form.

3.13 If a Guest cancels a Booking in accordance with any relevant Website provider’s terms and conditions, used by the Guest to make the Booking, the Client remains solely liable for any and all cancellation fees, refunds and commission fees payable, save where the relevant terms and conditions state that the Guest is liable. The Client must pay the Agent any such sums required to meet any cancellation fees, refunds and commission fees immediately on demand. The Agent shall be entitled to deduct any such required sums to meet any cancellation fees, refunds and commission fees from any Rental Fees for the Accommodation. Any refunds payable upon cancellation will be remitted to the Guest in accordance with the relevant Website’s terms and conditions.

3.14 If a Guest cancels a Booking made through the Agency Website by giving less than 14 Days’ notice the following provisions will apply:

3.14.1 More than 14 days from the start date of the relevant Letting no Rent will be retained;

3.14.2 Cancellation between 13-9 days from the start date of the relevant Letting– the Client retains 5% of the Rental Fees and will refund all other sums paid by the Guest;

3.14.3 Cancellation between 8-6 days from the start date of the relevant Letting – the Client retains 10% of the Rental Fees and will refund all other sums paid by the Guest;

3.14.4 Cancellation between 5-3 days from the start date of the relevant Letting – the Client retains 15% of the Rental Fees and will refund all other sums paid by the Guest;

3.14.5 Cancellation between 2-0 days from the start date of the relevant Letting – the Client retains 20% of the Rental Fees and will refund all other sums (if any) paid by the Guest.

3.15 If a Guest fails to attend the Accommodation on the start date of the Letting Period this will be deemed a cancellation in terms of Clause 3.14.5 of these Terms and Conditions.

3.16 If a Guest fails to attend the Accommodation on the Start Date of the Letting Period made on a Website the relevant Website’s terms and conditions will apply to “no-shows”. 

General Management

3.17 The Agent shall provide the following at the Accommodation (at the Client’s cost):

3.17.1 Good quality bed linen;

3.17.2 Good quality bath towels, hand towels, bath mats and tea towels;

3.17.3 Supplies of body wash, shampoo, conditioner, hand soap, washing-up liquid and dishwasher detergent for use by Guests;

3.17.4 Batteries, lightbulbs and other consumables that are needed in relation to the fittings and equipment at the Accommodation; and

3.17.5 All cleaning products and cleaning equipment required for use by the Agent.

3.18 The Agent shall:

3.18.1 Make arrangements for Guests to collect and return keys to the Accommodation;

3.18.2 Where applicable and as agreed in terms of the relevant Appointment Form provide its Staging Service;  

3.18.3 Be the sole point of contact for Guests to report problems or raise queries about the Accommodation during their stay; and

3.18.4 Provide Guests with a telephone number they can call should they require assistance during their stay.

3.18.5 Subject to the Client making it available to the Agent, ensure the following information is in a place accessible to Guests:

1. certified copy of the licence and licence conditions;

2. fire, gas and electrical safety information;

3. details on how to contact emergency services;

4. copy of gas safety report;;

5. copy of the Electrical Installation Condition Report;

6. copy of the Portable Appliance Testing Report;

7. instructions on what to do if the fire or carbon monoxide alarm sounds;

8. safety instructions for operating and moving any mobile gas cabinet heaters provided.

3.19 The Agent shall ensure that at the end of each Letting:

3.19.1 the Accommodation and contents are inspected and any theft, damage or destruction or safety concerns are reported to the Client; 

3.19.2 the Accommodation is thoroughly cleaned and tidied;

3.19.3 all bins are emptied and cleaned;

3.19.4 kitchen equipment is cleaned and put away tidily;

3.19.5 all used bed linens, bathroom towels and tea towels are removed;

3.19.6 the beds are made with clean bed linen;

3.19.7 clean bathroom towels and tea towels are provided by the Agent;

3.19.8 fresh supplies of toiletries, hand soap, washing-up liquid and dishwasher detergent are provided by the Agent; and

3.19.9 minor items of maintenance are attended to, including changing batteries and light bulbs.

3.20 The Agent shall ensure that the Accommodation and its fittings, fixtures and contents are kept in good and safe condition and repaired and replaced as necessary throughout the Agency Period (subject to any works requiring to be carried out in terms of paragraph 13 of Part 2 of the Schedule), and that the Accommodation is kept in good decorative order, provided that:

3.20.1 repairs, replacements or work costing less than £100 may be carried out without reference to the Client (but at the Client’s cost); and

3.20.2 the Client’s approval shall be obtained before undertaking any repairs, replacements or work costing £100 or more (and the Client shall bear the cost). Where such expenditure does not exceed £100 the Agent may elect to have the invoice sent direct to the Client.

3.20.3 if the work needs to be done urgently and it is not practicable to obtain the Client’s permission the Agent may arrange for the work to be done without the permission of the Client, but at the Client’s cost;

3.20.4 unless agreed otherwise in writing between the Agent and the Client, the Agent is not responsible for arranging major repairs or maintenance or the replacement of items costing in excess of £500. The Agent may charge a fee for its time spent arranging and overseeing such work.

3.20.5 The sums due for carrying out any work in terms of Clause 3.15.1 and 3.15.3 will be deducted from the Rental Fees payable to the Client for the Accommodation save where the Rental Fees do not exceed the cost of the said works in which instance the Agent will invoice the Client for any remaining outstanding sums. The sums will be payable within 7 days of the date of the relevant invoice. 

3.20.6 Where any works require the consent of the Client the Client hereby agrees and understands that in order to maintain cash neutrality, the Agent is entitled to demand payment of any agreed third party fees in advance of commencement of any such works. 

3.21 The Agent shall make a member of staff available to the Client at all reasonable times and upon reasonable notice for the purposes of consultation and advice relating to the Accommodation.

3.22 The Agent shall promptly notify the Client of all Bookings, enquiries and complaints it receives in relation to the Accommodation.

3.23 The Agent shall operate a formal complaints procedure. A copy of the procedure can be obtained from clients@wheretostay.co.uk. The Client hereby agrees and understands that the Agent may be required to comply with any complaints process in terms of the relevant Website provider’s terms and conditions when raising or defending a complaint. The Client hereby agrees to provide all reasonable assistance (at the Client’s cost) in relation to raising or defending any such complaint.  

3.24 The Agent shall keep the Client informed of conditions in the market and opportunities for the promotion and marketing of the Accommodation. 

3.25 Subject as provided in these Terms and Conditions, the Agent shall be entitled to perform its duties under these Terms and Conditions in such manner as it may think fit.

Emergencies

3.26 The Agent’s office opening hours are 9am to 9pm Monday to Sunday. The Agent can be contacted by email at clients@wheretostay.co.uk or by post using the address Where to Stay Apartments Ltd., Firbrae, Mellerstain, Gordon, Scotland, United Kingdom, TD3 6LG.

3.27 The Agent shall acknowledge emails and letters relating to the Properties (whether from the Client, a tenant or another party) within 48 hours of receipt. 

3.28 The Agent shall where possible provide a substantive response to written correspondence within 48 to 72 hours of receipt. If it is not possible to provide a substantive response within that timescale, the Agent shall advise the writer of the date by which a substantive response will be provided and shall explain the reason(s) for the delay in responding.

3.29 The following target response times shall apply in the following situations:

3.30 Emergency repairs: Attend within 48 hours of notification; complete work within 78 hours.

3.31 Urgent repairs: Attend within five days of notification (or Client approval, if required); complete work within 10 days.

3.32 Non-urgent repairs: Attend within 7 days of notification (or Client approval, if required); complete within 14 days.

Declaring that these timescales are an estimate (are subject to amongst other things the availability of third party contractors and materials) and the Agent is not liable for any failure to meet these timescales. 

Staging Service 

3.33 The Staging Service is optional and can be used if the Client elects in the Appointment Form. The parties will agree in writing any items which need to be purchased in order for the Accommodation, to operate as a serviced apartment. The Agent will purchase these items on behalf of the Client at the Client’s sole cost. The Client must be put in funds for the agreed sum all in terms of the budget narrated in the relevant Appointment Form before the Staging Service commences.  The agent shall have discretion as to the nature and quality of the items to be purchased providing the Agent keeps within the budget agreed on the Appointment Form. Notwithstanding the foregoing, the agent shall be bound to purchase items which are of a suitable nature and quality commensurate with the budget stated in the Appointment Form. If the Agent considers that the budget is not sufficient to cover the number and quality of items required, the Agent will inform the Client and the parties will use reasonable endeavours to agree a new budget. The Agent will charge 25% of the total cost of the items as a fee for providing the Staging Service. The Agent shall evidence all expenditure to the Client on reasonable request by producing accounts, vouchers and receipts.

3.34 In exchange for full payment of the total cost of the items together with the Staging Service fee narrated in Clause 3.30, right, title and interest in and to items referred to in Clause 3.30 will transfer to the Client. At the point of transfer of right, title and interest the Client is responsible for insuring the items and covering the cost of replacement in case of theft, damage or destruction. The Agent is not liable for any theft or any damage or destruction or failure of or defect in any of the items, décor, furniture or fittings (including those procured as part of the Staging Service) within the Accommodation (save where any damage or destruction is due to the Agent’s breach of these Terms and Conditions or as a result of the Agent’s negligence (including that of its employees, agents or sub-contractors). 

3.35 Upon expiry or termination of this Agreement the Agent shall be entitled but shall not be obliged to offer to purchase certain items purchased as part of the Staging Service, from the Client, but subject always to the parties using reasonable endeavours to agree a price for such items based on second-hand value and the parties and signing a separate contract for the sale of the said items.

4. Lettings

4.1 All Lettings shall be in writing and made at such prices agreed between the Agent and the Client in terms of the relevant Appointment Form and on such terms as the Agent shall reasonably determine and as may be prescribed by a Website.

4.2 The Agent shall enter into Lettings on the Client’s behalf.

5. Rights and Duties of The Client

5.1 The Client shall make the Accommodation available during the Letting Periods. The Client must notify the Agent forthwith upon any change to the Letting Periods time being of the essence. The Agent is not liable for any loss or damages incurred by the Client or any third party for the Client’s failure to provide the required information timeously to the Agent in terms of this Clause 5.1, resulting in any cancellation of, refusal of, withdrawal of, or inability by a Guest to make a Booking.   

5.2 The Client shall be entitled to use the Accommodation during the Reserved Periods. The Client must notify the Agent forthwith upon any change to the Letting Periods time being of the essence.  The Agent is not liable for any loss or damages incurred by the Client or any third party for the Client’s failure to provide the required information timeously to the Agent in terms of this Clause 5.2, resulting in any cancellation of, refusal of, withdrawal of, or inability by a Guest to make a Booking.   

5.3 Subject to the obligations imposed on the Agent herein the Client is bound to maintain the Accommodation in a good lettable condition. 

5.4 The Client must comply with the Client Obligations narrated in Schedule Part 2. 

5.5 The Client shall provide to the Agent all information which is reasonably required for the Agent to provide the Services including all relevant Client Content and including but not limited to information required for marketing, advertising and promoting the Accommodation in accordance with Clause 3.2. The Client shall use its best endeavours to ensure that such information and Client Content is complete, accurate and up to date and is not in breach of Clause 5.5.

5.6 The Client shall warrant that all information (including Client Content) provided to the Agent does not:

a. use obscene or vulgar language;

b. include content that is untruthful, unlawful or otherwise objectionable.  This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

c. contain any material which infringes the rights of any third parties (including, but not limited to, Intellectual Property rights);

d. promote or incite violence;

e. be published in any other language other than the English language;

f. not violate these Terms and Conditions or any Applicable Laws;

g. impersonate other legal entities, people,  employees and representatives of the Client or its affiliates; 

5.7 The Client acknowledges that the Agent is under no obligation to provide the Services until all required information has been provided by the Client in accordance with Clause 5.4

5.8 The Client shall inform the Agent immediately in the event that any relevant information changes following the submission of that information to the Agent. The Agent reserves the right to charge the Client at the rate of £50 per hour for any work required to make alterations to relevant information it holds.

5.9 The Agent will not perform any background checks in relation to any Guest seeking to let the Accommodation including performing any criminal background checks. The Client enters into Lettings with Guests at the Client’s own risk.

5.10 The Client shall provide the items outlined in Paragraph 16 of the relevant Appointment Form. 

5.11 Subject to compliance by the Agent with its obligations under these Terms and Conditions, the Client shall indemnify the Agent against any liability (including but not limited to all costs and expenses which the Agent may reasonably incur in defending any proceedings) which it may incur by reason only of its being held out as the Client’s agent.

5.12 The Agent shall not be responsible for notifying the Client of any changes to laws and regulations relating to the use of the Accommodation including for use as for holiday accommodation lettings or short-term letting. The Client is responsible for compliance with any and all applicable laws pertaining to Lettings and use of the Accommodation as contemplated by this Agreement. Without prejudice to the terms of Part 2 of the Schedule, the Client warrants to the Agent that it has all necessary rights, permits, consents and licenses to enter into Lettings. The Client hereby indemnifies and holds the Agent harmless against any claim, action, loss or demand incurred by the Agent as a result of the Client’s breach of the terms of this Agreement. 

5.13 The Agent shall not be liable whatsoever for the payment of outgoings such as Council Tax, utilities bills and charges for other services such as telephone and broadband this includes for any a period when the Accommodation is unoccupied; these are the Client’s responsibility. The Agent will not be responsible for the installation of any utilities including telecommunications, broadband or satellite or cable television connections in the Accommodation; these are the Client’s responsibility.  

5.14 The Client shall at all times comply with the terms of the relevant Website.

6. Financial Provisions

6.1 In consideration of the obligations undertaken by the Agent under these Terms and Conditions, the Client shall pay the Commission and other sums to the Agent in accordance with this Clause.

6.2 Deposits are not held by the Agent. Deposits are collected and held in accordance with the terms and conditions of the relevant Website provider with whom the Guest made the Booking.  The relevant Website provider will hold any Deposit until the date on which the Final Balance is due in terms of the Website terms and conditions at which point the Deposit is to be released to the Agent who will treat the Deposit sum as Rental Fees.

6.3 If a Booking is made through a Website any Security Deposits are not held by the Agent, these are collected and held in accordance with the terms and conditions of the relevant Website provider used by the Guest to make the Booking. In the event of any theft, damage or destruction identified to the Client by the Agent in terms of Clause 3.17.1, the Client must inform the Agent within 2 days of the date of any notice from the Agent of any damage, theft or destruction as to whether the Client wants any claim for retention of any Security Deposit sum to be made to the relevant Website provider in terms of the Website provider’s terms and conditions. If the Agent receives timeous notification to raise a claim from the Client, the Agent will use reasonable endeavours to claim on behalf of the Client for all or part of the Security Deposit to remedy the loss or damages. The Client hereby agrees to provide all reasonable assistance (at the Client’s cost) in relation to any such claim. The Client hereby agrees and understands that the Agent does not determine the circumstances upon which any Security Deposit is held, returned to a Guest or released to remedy theft damage or destruction; and the Agent will not be liable whatsoever for any loss or damage incurred (save to extent that such liability has resulted directly from a material breach of Agent’s obligations in terms of this Agreement) for any Website provider’s refusal of any such claim or any payment of the Security Deposit which is less than the value of the damage or loss incurred. If a successful claim is made the Agent will receive any such awarded Security Deposit sum in accordance with the relevant Website provider’s terms and conditions and the Agent will transfer such sum to the Client within 10 days of receipt of the said sum, to such bank account as the Client nominates and notifies the Agent of the details in writing. 

6.4 If a Booking is made via the Agency Website a £250.00 Security Deposit will be taken at the time a Booking is made by a Guest. The Security Deposit will be held by the third party point of sale provider Marketplace Merchant Solutions Limited, trading as Clover ™. In the event of any theft, damage or destruction the Agent will notify the Guest of the sum that this to be applied against the cost of remedying any said damage, loss, theft or destruction. The Agent will draw down the retained Security Deposit sum from Clover ™. 

6.5 The Security Deposit will be returned to the Guest not more than 14 days after the end date of the Letting less any deductions made for the cost of remedying any damage in terms of Clause 6.4.

6.6 Once the Agent is in receipt of the claimed Security Deposit it will either transfer this sum to the Client at the end of the relevant month in terms of Clause 6.8  or it will use this sum to repair, reinstate or replace  the lost, damaged, stolen or destroyed property within the Accommodation, as agreed between the Agent and the Client in writing.  If the retained Security Deposit sum is not sufficient to repair, reinstate or replace the lost, damaged, stolen or destroyed property within the Accommodation the Agent may seek to obtain an additional sum from the Guest to meet the total cost of the damage, destruction, loss or theft however; the Agent makes no guarantee that such additional sum will be obtained and the Agent will in no way be liable to pay any sum to meet any deficit between the retained Security Deposit sum and the actual cost to repair, reinstate or replace the lost, damaged, stolen or destroyed property within the Accommodation. 

6.7 The calculation of the Commission shall not include Deposits until they become Rental Fees in accordance with Clause 6.2.

6.8 The Agent shall within 14 days after the end of each month during the Agency Period and for so long as necessary thereafter:

6.8.1 Send to the Client a statement setting out, in relation to the Accommodation:

1. all Final Balances received;

2. any refunds given;

3. any expenditure incurred under Clause 3.15; and 

4. the Commission due to the Agent

for that month; and

6.8.9 retain

1. the Commission;

2. an amount to cover any expenditure incurred under Clauses 3.15;

and remit the balance to the Client.

6.9 The Agent shall keep detailed records and accurate accounts of all financial transactions relating to the Accommodation and shall at the request of the Client acing reasonably permit the Client or its duly appointed representatives to inspect all such records and accounts and take copies thereof at all reasonable times (but not exceeding once every 3 months).

6.10 All sums payable under these Terms and Conditions are exclusive of any value added tax or other applicable sales tax, which shall be added to the sum in question or otherwise included in any relevant calculation.

6.11 The Agent reserves the right to charge interest at the rate of 4% above The Bank of Scotland plc’s base rate of interest per annum on any invoiced sums that remain unpaid by the Client and payable to the Agent in exchange for any Services from the due date to the date of payment. The Client is liable for any interest payable on any third party invoice that is payable by the Client in terms of this Agreement that it fails to pay timeously (save to extent that such liability has resulted directly from a material breach of Agent’s obligations in terms of this Agreement). 

7. Confidentiality

7.1 Each party undertakes that, except as provided by Clause 7.2 or as authorised in writing by the other party, it shall, at all times:

7.1.1 keep confidential all Confidential Information;

7.1.2 not disclose any Confidential Information to any other party other than as contemplated by and subject to these Terms and Conditions;

7.1.3 not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;

7.1.4 not make any copies of, record in any way or part with possession of any Confidential Information other than as contemplated by and subject to these Terms and Conditions; and

7.1.5 ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that party, would be a breach of the provisions of Clauses 7.1.1 to 7.1.4 above.

7.2 Either party may:

7.2.1 disclose any Confidential Information to:

7.2.1.1 any sub-contractor or supplier of that party;

7.2.1.2 any governmental or other authority or regulatory body; or

7.2.1.3 any employee or officer of that party or of any of the aforementioned persons;

to such extent only as is necessary for the purposes contemplated by these Terms and Conditions, or as required by law, and in each case subject to that party first informing the person in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 7.2.1.2 above or any authorised employee or officer of any such body) obtaining and submitting to the other party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and

7.2.2 use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is, or has become, public knowledge through no fault of that party, provided that in doing so that party does not disclose any part of that Confidential Information which is not public knowledge.

7.3 Upon the expiry or other termination of this Agreement, the party that received the Confidential Information, shall return or delete/ destroy any Confidential Information in its possession to the party that disclosed the Confidential Information, if requested. However, the recipient of the Confidential Information shall be entitled to keep one copy of any Confidential Information of the other solely for the purpose of ensuring ongoing compliance with the terms of this Agreement or for the purposes of fulfilling any regulatory or legal requirement.

7.4 The provisions of this Clause 7 shall continue in force in accordance for a period of 5 years, notwithstanding the expiry or termination of these Terms and Conditions for any reason.

8. Duration and Termination

8.1 The contract between the Client and the Agent shall come into force on the date specified in the Appointment Form and shall continue for the Agency Period, subject to the following provisions.

8.2 This Agreement cannot be amended, varied or extended. 

8.3 Either party may terminate the Agreement by giving to the other party not less than 3 months’ written notice, to that effect.

8.4 If the Client is an individual consumer, it has the right to cancel its engagement with the Agent within 14 days without giving any reason. The cancellation period will expire 14 days after the date the contract came into force. To cancel, the Client must inform the Agent by a clear statement (e.g. a letter or email) using the contact details the Agent provides. To meet the cancellation deadline, it is sufficient for the Client to send communication concerning the Client’s exercise of the right to cancel before the cancellation period has expired. If the Client has requested work to be carried out during the 14 day cancellation period, the Client will be liable to pay the Agent for any Commission, costs and Other Payments for any Services delivered until the point at which the Client cancels. 

8.5 Either party may forthwith terminate the contract by giving written notice to the other party if:

8.5.1 any sum owing to that party by that other party under any of the provisions of these Terms and Conditions is not paid within 14 days of the due date for payment;  

8.5.2 that other party commits any other breach of any of the provisions of these Terms and Conditions and, if the breach is capable of remedy, fails to remedy it within 14  days after being given written notice giving full particulars of the breach and requiring it to be remedied.  

8.5.3 an encumbrancer takes possession, or (where that other party is a company) a receiver is appointed, of any of the property or assets of that other party;  

8.5.4 that other party makes any voluntary arrangement with his or its creditors or (being a company) becomes subject to an administration order (within the meaning of the Insolvency Act 1986);  

8.5.5 that other party (being an individual or firm) has a bankruptcy order made against him or it or (being a company) goes into liquidation (except for the purposes of amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under these Terms and Conditions); 

8.5.6 anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to that other party;  

8.5.7 that other party ceases, or threatens to cease, to carry on business.

8.6 For the purposes of Clause 8.4.2, a breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to the time of performance (provided that the time of performance is not of the essence).

8.7 The rights to terminate the contract given by this Clause 8 shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

8.8 If at any time control (as defined in Section 840 of the Income and Corporation Taxes Act 1988) of the Agent is acquired by any person or group of connected persons (as defined in Section 839 of that Act) not having control of the Agent at the start of the Agency Period, the Agent shall forthwith give written notice to the Client identifying that person or group of connected persons and the Client shall be entitled, by giving not less than 1 months written notice to the Agent within 14 days after the notice from the Agent was given, to terminate the contract.

9. Consequences of Termination

Upon the expiry or termination of the contract between the Agent and the Client for any reason:

9.1 the Agent shall cease to promote, market, advertise or solicit Guests for the Accommodation;

9.2 Within 3 months of the date of expiry or termination the Agent will prepare and deliver to the Client a final statement for the relevant Accommodation setting out the information detailed in sub-Clauses 6.5.1 and 6.5.2 and will conduct a reconciliation or will demand additional sums from the Client including any Website cancellation fees;

9.3 any sum owing by the Client to the Agent under any of the provisions of this Agreement shall be immediately payable and the Client will pay the Agent for all unpaid Commission, invoices, expenses and Other Payments for all completed Services up to the date of expiry or termination.

10. Intellectual Property

10.1 All Intellectual Property rights in and to the Agent’s Services and the Agency Website, belong in and to the Agent and/ or its licensors. 

10.2 The Client Content and the Client’s Intellectual Property shall vest and remain the property of the Client. The Client hereby grants to the Agent a paid-up, revocable, royalty free, global, non-exclusive licence to use the Client Content and its logos and trademarks for the purposes of carrying out the Services contemplated under this Agreement. 

10.3 The Agent shall own all Intellectual Property including in all advertisements, promotional posts and marketing materials (other than Client Content and the Client’s Intellectual Property) specifically produced by or on behalf of the Agent in connection with or relating to this Agreement shall vest in and belong to the Agent and/ or its licensors; the Agent hereby grants, or where the promotional posts advertisements and marketing materials include third party Intellectual Property shall procure an irrevocable, royalty free, perpetual, global, non-exclusive licence to use the advertisements, promotional posts and marketing materials, unless any specific licencing terms applicable to are included in the relevant Appointment Form. Declaring for the avoidance of doubt that the Client shall not receive any rights in and to any Intellectual Property forming part of the Agent’s website or any other Website.  

10.4 Without prejudice to the right of a party or any third party to challenge the validity of any Intellectual Property rights of the other party, neither party shall not do or authorise any third party to do any act which would or might invalidate or be inconsistent with any Intellectual Property rights of the other party and shall not or authorise any third party to omit to do any act which, by its omission, would have that effect or character.

10.5 The Agent makes no representation or warranty as to the validity or enforceability of the Intellectual Property rights in its Services, nor its website or its trademarks. 

10.6 Neither party shall:

10.6.1 use any of the other party’s trademarks in any way which might prejudice its distinctiveness or validity or the goodwill of the other party therein;

10.6.2 use in relation to the Services any trademarks without obtaining the prior written consent; or

10.6.3 use any trademarks or trade names so resembling any trademark or trade names of a party as to be likely to cause confusion or deception.

10.7 Other than the licences expressly granted under this Agreement, neither party grants any licence of, right in or makes any assignation of any of its Intellectual Property rights.  In particular, except as expressly provided in this Agreement, the Client shall have no rights in respect of any trade names or trademarks used by the Agent in relation to the Services, its website or their associated goodwill, and the Client hereby acknowledges that all such rights and goodwill shall inure for the benefit of and are (and shall remain) vested in the Agent and its licensors.

11. Nature of Agreement

11.1 The Agreement between the Client and the Agent is personal to the parties and neither party may assign, mortgage or charge (otherwise than by floating charge) or sub-license any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder, except with the written consent of the other party subject to Clause 11.2.

11.2 The Agent may sub-contract all or part of its obligations under this Agreement to a competent third party.

11.3 Despite its right to sub-contract pursuant to this Clause 11.2, the Agent shall remain responsible for all acts and omissions of all sub-contractors and the acts and omissions of all those employed or engaged by the sub-contractors as if they were its own. An obligation on the Agent under the provisions of this Agreement to do, or refrain from doing, any act or thing shall include an obligation on the Agent to procure that its employees, officers, staff, other workers, agents and consultants of each sub-contractor and each of the sub-contractors’ employees, officers, staff, other workers, agents and consultants also do, or refrain from doing, such act or thing.

11.4 Each party acknowledges that, in entering into the contract, it does not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions or the Appointment Form, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

11.5 No failure or delay by either party in exercising any of its rights under the contract shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

11.6 If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision.Assignment and Sub-Contracting

12. Notices and Services

12.1 Any notice or other information required or authorised by these Terms and Conditions to be given by either party to the other shall be given by:

12.1.1 delivering it by hand;

12.1.2 sending it by pre-paid registered first class post; or

12.1.3 sending it by e-mail;

to the other party at the address given in Clause 12.4.

12.2 Any notice or information given by post in the manner provided by Clause 12.1.2 which is not returned to the sender as undelivered shall be deemed to have been given on the second day after the envelope containing it was so posted; and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been so returned to the sender, shall be sufficient evidence that the notice or information has been duly given.

12.3 Any notice or information sent by e-mail shall be deemed to have been duly given on the date of transmission, provided that a confirming copy of it is sent as provided in Clause 12.1.2 to the other party at the address given in Clause 12.4 within 24 hours after transmission. 

12.4 Service of any document for the purposes of any legal proceedings concerning or arising out of the contract shall be effected by either party by causing it to be delivered to the other party at its registered or principal office, or to such other address as may be notified to it by the other party in writing from time to time.

13. Data Protection

13.1 All personal data that the Agent may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and the Client’s rights thereunder.

13.2 For complete details of the Agent’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Client’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Agent’s Client Privacy Policy.

14. Relationship of the parties

Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership or the relationship of employer and employee between the Client and the Agent.

15. Jurisdiction

These Terms and Conditions shall be governed and construed in all respects in accordance with the laws of Scotland, and each party hereby submits to the exclusive jurisdiction of the Scottish courts.

SCHEDULE PART 1

This Agency Appointment Form ("Appointment Form") is between WHERE TO STAY APARTMENTS LTD, a company incorporated in Scotland with registered number SC719100 and whose registered office is at Firbrae, Mellerstain, Gordon, Scotland, United Kingdom, TD3 6LG  (“Agent”) and the Client hereinafter defined. 

1. The parties hereby agree as follows:

1.1 This document constitutes an "Appointment Form" in terms of the Agent’s Terms and Conditions for Agency which can be viewed here. (“Terms and Conditions”). This Appointment Form forms part of the Agreement, and this Appointment Form is subject to the terms and provisions of the Agreement.

1.2 In this Appointment Form, unless specified otherwise, words and phrases shall have the same meanings as those in the Terms and Conditions.

Agent’s details

1. Agent’s email address: clients@wheretostay.co.uk

2. Agent’s office telephone number: +44 7361 581 904

3. Agent’s out of hours/emergency telephone number: +44 7361 581 904

Client’s details

4. Client’s name: <<   >>

5. Client’s Registered Number (if applicable)<<   >>

6. Client’s address (residential if client is an individual registered address if the Client is a company/ partnership): <<   >>

7. Client’s email address: <<   >>

8. Client’s daytime telephone number: <<   >>

9. Client’s evening telephone number: <<   >>

10. Client’s mobile telephone number: <<   >>

Accommodation details

11. Accommodation name: <<   >>

12. Accommodation address: <<   >>

13. Description of accommodation:

    1. [house] [bungalow] [flat – ground floor] [flat – above ground level (with lift)] [flat – above ground level (no lift)]

    2. Number of bedrooms: <<   >>

    3. Description of bedrooms: <<e.g. one double, one twin with bunkbeds>>

    4. Number of family bathrooms: <<   >>

    5. Number of en-suite bathrooms: <<   >>

    6. Number of reception rooms: <<   >>

    7. Dining table seats: <<   >>

    8. Kitchen facilities: [full-sized oven and hob] [small oven and hob] [microwave]  [dishwasher] [washing machine] [tumble dryer] [washer dryer] [<<other>>]

    9. Living area equipment: [television] [sky tv] [Freeview] [freesat] [DVD player] [CD player] [ipod dock]        

    10. Outside space: [private garden] [shared garden] [yard] [balcony]

    11. Suitable for disabled Guests: [yes] [no]

    12. Parking: [garage for <<   >> car(s)] [off-street parking for <<   >> car(s)] [on street]

    13. Other equipment/facilities for sole use: <<e.g. swimming pool, hot tub>>

14. Shared facilities/amenities: <<e.g. swimming pool, bikes for hire>>

15. Description of local amenities: 

    1. Shops: <<e.g. within 1 mile>>

    2. Restaurants/pubs: <<   >>

    3. Beach: <<   >>

    4. Country walks: <<   >>

    5. Other: <<   >>

16. Maximum number of permitted occupiers: <<e.g. 4 adults plus cot>>

17. Pets: [not permitted] [one well behaved dog permitted] [permitted subject to prior consent of Agent/Client]

18. Hen/ Stag parties [not permitted] [permitted subject to prior consent of Agent/Client]

19. Items to be provided by the Client within the Accommodation: 

[- all necessary furniture, kitchen appliances and equipment and tableware;

- a reasonable number of hairdryers;

- duvets and pillows for all beds;

-[insert additional items]]

Agency details

20. Agency period: from <<start date>> to <<end date>>

21. Basis of agency: full booking and management service

22. Commission: 8 % of NET the rental fees received in any month after deduction of any third party commission (e.g. third party booking platform fees and commission) (but excluding any deductions made by the Agent in terms this Agreement e.g. sums required to meet emergency costs etc.)  plus Value Added Tax. 

23. Target rent: from £<<   >> to £<<   >> per night

24. Deposit taken from Guest by Website[£<<   >>] [none]

25. Security Deposit to be taken from Guests: [£<<   >>] [none]

26. Other Payments required from Guests: <<insert details, e.g. any services to be paid for separately including any Staging Services>>

27. Letting Periods (when property is available for Bookings): <<insert details, e.g. all year round apart from the reserved periods>>

28. Reserved Periods (when property is reserved for the Client): <<insert details, e.g. last two weeks in May, two weeks in September (dates to be agreed)>>

29. Websites to be used for marketing, promoting and advertising the Accommodation <<   >>

30. Minimum notice that a Client must give to Agent for cancellation of a Booking on the Agency Website <<   >> days; and penalty if notice is not given timeously [£<<   >>].  

Additional Licensing Terms 

[insert details]

Acknowledgement

I/We have read and agree to the Terms and Conditions.  

I/We wish to appoint the Agent to provide booking and management services at the Accommodation.

I/We confirm that by entering into this Agreement I/we will not be in breach of any restriction (including planning control, building control, licensing, restrictions in the title deeds, the terms in any lease and any mortgage/ security conditions).

Where the Client is a company or partnership the signature of the person signing this Appointment Form is an authorised signatory who has authority and permission of the Client to sign this Appointment Form on behalf of the Client. 

[by]/ [on behalf of] the Client: 

Signed: ____________________________ (signature)

____________________________ (full name print)

Date: ____________________________ 

on behalf of Where to Stay Apartments Ltd: 

Signed: ____________________________ (signature)

____________________________ (full name print)

Date: ____________________________ 

SCHEDULE PART 2

Client Obligations

1. The Client warrants that they are the heritable proprietors of the Accommodation or where they are not heritable proprietors they have obtained any and all consents required from the heritable proprietor (including any and all consent the terms of the Client’s lease of the Accommodation) and the Client is entitled to and has obtained all necessary permissions, consents and to let the Accommodation out as contemplated by this Agreement. The Client confirms in particular (but not limited to):

1. any consent/ permission from any relevant local authority including where applicable any licence (including obtaining any short-term let licence); 

2. any consent required from the any relevant heritable creditor; and

3. any consent required from the Client’s/ the heritable proprietor’s insurers

has been obtained. The Client understands they are also responsible for complying with any conditions attached to any consents/ permissions and licences. Declaring that the Client indemnifies and holds the Agent harmless against any claim, action, loss or demand incurred by the Agent as a result of the Client’s breach of warranty in this Paragraph 1. The Client will exhibit on or before the commencement date of the Agency Period a certified true copy of any and all relevant consents, permissions and licences together with any said conditions.

2. The Client must identify to the Agent whether it is operating as an individual or as a business. A Client is usually deemed to be operating as an individual if Letting Accommodation is not the Client’s primary profession or source of income. A Client  is usually deemed to be operating as a business if:

   
   

1.  the Client is Letting Accommodation through  a company, as a sole trader, or through a sole proprietor or partnership;

2. Letting Accommodation is the Client’s primary profession or source of income, or if the Client is part of an established business, like a boutique hotel or property management company;

3. the Client’s hosting business is registered on a government business registry;

4. the Client is registered for VAT purposes;

5. the Client is Letting  multiple Accommodations;  

6. the Client regularly hosts on Websites over a longer period of time in order to make a profit.

(Please note this list 2. i-vi isn’t exhaustive and other factors such as the number of lettings and/or the number of Bookings a Client receives may factor into the determination as to whether a Client is operating as an individual or a business. If a Client is uncertain as to whether it is operating as an individual or a business it should obtain advice from a lawyer or other professional advisor. If a Client’s circumstances change and the Client changes how it operates it must forthwith notify the Agent. The Agent is not able or required to determine a Client’s operational status. The Agent is not liable (save to extent that such liability has resulted directly from a material breach of Agent’s obligations in terms of this Agreement) for any loss or damage occurring as a result of  a Client’s failure or inability to identify whether it is operating as an individual or as a business nor is it liable for any act or omission resulting in an incorrect determination as to the Client’s operational status.

3. The Client shall provide the Agent with two sets of keys to the Accommodation and confirms that the Agent may make further copies of the keys as necessary.

   
   

   
   

4. The Client shall be responsible for any and all compliance of duties under all relevant Energy performance laws including but not limited The Energy Performance of Buildings (Scotland) Regulations 2008. The Client must ensure that the Accommodation has a valid Accommodation Energy Performance Certificate (EPC) (dated within the last 10 years) (where applicable) and must exhibit a copy of the any such EPC to the Agent on or before the date of commencement of the Agency Period. If any such EPC is due to expire during the Agency Period the Client must prior to expiry date of the EPC, exhibit a copy of the updated EPC. The Client understands that the Agent will be unable to market the Accommodation unless a valid EPC is available. 

   
   

   
   

5. The Client shall ensure that all furnishings, furniture and décor in the Accommodation comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988, subject to any furniture, décor and furnishings provided by the Agent as part of the Services, it shall be the responsibility of the Agent to ensure any such furniture, décor and furnishings comply with the Furniture and Furnishings (Fire) (Safety) Regulations1988.

   
   

The Client shall be responsible for any and all compliance of duties under all relevant gas safety laws including but not limited to the Gas Safety (Installation and Use) Regulations 1998. In particular the Client must (where the Accommodation has a gas supply) on or before the date of commencement of the Agency Period provide the Agent with a copy of the report from the last annual safety check carried out by a Gas Safe registered engineer (which must be less than 12 months old). The Client must, where the annual safety check is due to expire during the Agency Period, before the expiry of the previous annual safety check, provide the Agent with a copy of the next annual safety check report carried out by a Gas Safe registered engineer.

6. The Client shall be responsible for any and all compliance of duties under all relevant electrical safety laws including (but not limited to) the Electrical Equipment (Safety) Regulations 1994 (for electrical equipment purchased before 08 December 2016) and the Electrical Equipment (Safety) Regulations 2016 (for electrical equipment purchased on or after 08 December 2016). In particular:

   
   

1. the Client shall ensure that all electrical equipment provided by the Client at the Accommodation complies with all applicable laws; and

2. the Client must provide the Agent on or before the commencement date of the Agency Period, an electrical installation report from an electrician who is registered with a government-approved organisation (such as NICEIC, NAPIT or a member firm of the Electrical Contractors’ Association of Scotland (SELECT)) as to the safety of the electrical installations and appliances at the Accommodation (dated within the last 5 years). If any such electrical installation report is due to expire during the Agency Period the Client must prior to expiry date of the electrical installation report, exhibit a copy of the updated electrical installation report.   

3. the Client shall keep a copy of any reports and give them to the person carrying out the next inspection; 

4. The Client the Client must provide the Agent on or before the commencement date of the Agency Period a copy of a valid Portable Appliance Testing Report produced by a qualified person, covering any moveable appliances within the Accommodation supplied by the Client. For example a TV or an alarm clock. This usually means the qualified person is registered with either:

   1. a member firm of the Electrical Contractors' Association of Scotland; or

   2. a member of the National Association of Professional Inspectors and Testers. 

5. if any report requires further investigation or remedial work, the Client shall carry out, (at the cost of the Client), the further investigation or any remedial work which must be carried out by a qualified and competent person within 28 days of the report or as otherwise stated; and

6. the Client shall supply to the Agent written confirmation of completion of such further investigative or remedial work within 28 days of the work being carried out. 

   
   

7. The Client is responsible for all relevant statutory repairing obligations including those contained within the Housing (Scotland) Act 1987 as amended by Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Order 2019 and the Housing (Scotland) Act 2006. The Client must comply with those obligations ensuring the Accommodation meets the Repairing Standard for houses and flats, this also includes the statutory Tolerable Standard as defined in the Housing (Scotland) Act 1987 as amended.

8. The Client must comply with all applicable laws relating to the control of and testing for legionella. The Client must provide the Agent on or before the commencement date of the Agency Period a copy of its legionella risk assessment for the Accommodation and any control measures required to reduce the risks of legionella. The Client must notify the Agent in writing prior to any Letting of the Accommodation, of any measures it requires the Agent or any Guest Letting the Accommodation to carry out (declaring that if any of these measures incur any cost this shall be borne by the Client). 

   
   

9. The Client must obtain and maintain for the Agency Period 1) buildings insurance; 2) contents cover for any furniture, décor and other fixtures and fittings owned by Client within the Accommodation; 3) and public liability insurance,  in relation to the Accommodation being used for Lettings. The Client must provide the Agent on or before the commencement date of the Agency Period copies of all relevant policy schedules and associated premium receipts. The Agent will in no way be liable for any insurer’s failure or refusal to pay any insurance claim save where the failure or refusal is as a direct result of a material breach by the Agent of this Agreement; nor will Where to Saty be liable for any sums payable by the Client that are uninsured. It is the sole responsibility of the Client to ensure it obtains and maintains all relevant insurance policies with suitable levels of cover relative to the Accommodation being used for Lettings in terms of this Agreement. 

10. The Client must take reasonable all reasonable steps to minimise hazards at the Accommodation and shall comply in a timely manner with any notice or order issued by any relevant local authority issued relative to the Accommodation. The Client must notify the Agent forthwith in writing upon receipt of any such notice or order. The Agent will be entitled (without incurring any liability whatsoever) to suspend Services in the event any such notice or order deems the Accommodation unsafe of hazardous for any Letting or use contemplated by this Agreement until such time that the relevant local authority notifies the Client that the Accommodation is safe for any Letting or use contemplated by this Agreement and the Client has notified the Client in writing of any such notice.

11. Where the Accommodation is connected to a private water source the Client must comply with all applicable laws pertaining to private water sources including the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 which replace (and partly re-enact with modifications) the provisions of the Private Water Supplies (Scotland) Regulations 2006. 

    
    

12. The Client must comply with all relevant fire and carbon monoxide safety laws. On or before the commencement date of the Agency Period the Client must confirm in writing to the Agent that all necessary smoke and carbon monoxide alarms and fire-fighting equipment have been installed at the Accommodation:

1. the Client shall either:

1. check that each alarm is in proper working order on the day a new Letting begins; or

2. instruct the Agent to conduct such a check (at the cost of the Client).

2. the Client shall either: 

1. carry out any repairs or replace the alarms (if required) as soon as reasonably practicable; or 

2. on prior written agreement the Agent will  conduct such repairs (at the cost of the Client)

The Client must on or before the date of commencement of the Agency Period provide the Agent with a copy of up to date fire risk assessment. The Client must, where the fire risk assessment is due to expire during the Agency Period, before the expiry of the previous fire risk assessment, provide the Agent with a copy of the next fire risk assessment. 

13. Without prejudice to the foregoing generality, The Client understands that they are legally responsible for the Accommodation meeting all statutory requirements and complying with any and all laws, rules, regulations and contracts with third parties that apply. The Client must forthwith notify the Agent in writing if it becomes aware of a breach of any of any laws rules, regulations or contracts in relation to the Accommodation. The Agent will not be responsible for obtaining, procuring or retaining any certifications, reports, surveys or any other documentation on behalf of the Client, required to comply with any applicable laws in terms of this Agreement nor is the Agent responsible for reminding the Client of any updates in the law or any required inspections, reviews or renewals of any statutory compliance certifications, reports, surveys or any other documentation. The Client is obliged to retain copies of any such certifications, reports, surveys or any other documentation for the Agency Period, and make any such certifications, reports, surveys or any other documentation available forthwith upon request from the Agent.  

14. Notwithstanding the foregoing if any works are required to be carried out for the purposes of statutory compliance in terms of this Agreement, unless expressly agreed between the parties in writing these must be carried out by the Client at the Client’s sole cost. Where any the opinion of the Agent acting reasonably such works prevent the Accommodation from being let or used as contemplated by the Agreement, it is not obliged to provide the Services (and without incurring any liability whatsoever) in relation to the Accommodation until such time as the Client notifies the Agent in writing that all such works have been completed and meet all statutory requirements. 

15. The Client shall notify the Agent if the Client is or becomes a non-UK resident and understands that the Agent may be required to deal with rent in accordance with the Non-Resident Landlords Scheme operated by HM Revenue & Customs.