Owner Terms

These terms apply to every Owner who creates an Account to use our Website.  These terms form the basis of the agreement between the Owner and us.
  1. Who are the Parties to the Agreement?
    1. This agreement is made between the Owner and Clickstay.  
    2. If the person named as the Owner changes, the original Owner and the new Owner will be jointly and severally liable to us under this agreement.
  2. About Clickstay
    1. Clickstay is a private company, limited by shares and incorporated in England and Wales under number 8674663, whose registered office is at Astral House, Granville Way, Bicester, Oxfordshire, United Kingdom OX26 4JY.  
    2. Clickstay’s contact details are as follows:
      1. By email: support@rentalsystems.com
      2. By post: Gillingham House, 38-44 Gillingham Street, London, SW1V 1HU United Kingdom
    3. Clickstay’s VAT number is 172 5682 90.
  3. About you
    1. You:
      1. Warrant and undertake to us that you are now and will be at all times during the terms of this agreement the Owner of the Property that is to be advertised and let as temporary accommodation using our System;
      2. Warrant to us that, if you are an individual, you are over the age of 18 (or, if younger, that you have the ability to make binding, non-cancellable contracts according to all applicable laws) and if you are a body corporate, the individual who enters into this agreement warrants to us that he or she is duly authorised to make this agreement with us;
      3. Warrant to us that you are, or are proposing to, (or if you are an agent for the owner(s), that the owner(s) is/are, or are proposing to) let the Property as temporary accommodation as a business activity or otherwise in the course of a business carried on or proposed to be carried on by you; and
      4. Warrant to us that the contact information you provide to us is complete and accurate and that your name is the name that appears on your passport or other official identification document (and you agree that you will provide a copy of any such document to us upon request).
    2. You warrant and undertake to us that:
      1. You have full and unrestricted power to enter into this agreement and have obtained all necessary consents before entering into it; and
      2. Where the Property is owned by more than one person, all owners have authorised you to enter into this agreement and that the owners are aware of the terms of this agreement and that they understand that the person named as a party to this agreement with us is making this agreement on behalf of all owners.
    3. You agree that we may contact you using the email address and/or the telephone number(s) you provide to us when you register with our Website and at such other email addresses and phone number(s) for you as you may notify to us from time to time.
  4. What are the terms of the Agreement?
    1. These terms form the basis of our agreement with you.  
    2. This agreement applies to the use by Owners of our System.
    3. This agreement includes the information about each booking that can be found in your Account on the Website.
    4. You agree to comply at all times with our Cookies and Privacy Policy and any other policies that we post on our Website from time to time.  
  5. Changes to these terms, our Policies and the functionality of our System
    1. We may need to make changes to these terms or the Booking Contract from time to time to comply with changes in applicable laws, to effect price increases and, in our sole discretion, for other reasons. You agree that we may change these terms from time to time by changing the terms of the page on our Website or by posting details on our Website.  If we make any material change to our prices, we shall endeavour to provide you with at least 14 days notice before the change becomes effective.
    2. You agree that we may change the terms of our Cookies and Privacy Policy and any other policy that we post on our Website from time to time. You agree that we may, in our sole discretion, change, reduce or increase the functionality of our System from time to time.
    3. If any change that we make, to our prices or the functionality of our System, or otherwise, is unacceptable to you, your only recourse is to terminate this agreement. Your continued use of our System after we post notice of a change on the Website will constitute binding acceptance by you of the change.
  6. When does the agreement begin? 
    1. This agreement begins when you pay the fee of £1, €1 or $1 to be enable you to upload details of your Property onto our Website. When you do so, you make an agreement with us on these terms.
    2. We agree that after the agreement begins, you will be given access to and use of the System in accordance with these terms, subject to your due compliance with your obligations in this agreement (including, without limitation, your obligation to pay to us our Marketing Commission and our Payment Charge in respect of every booking). 
  7. Using our System 
    1. The System is intended to offer the following functionality:
      1. To provide you with the ability to set up a Booking Contract, a booking engine and a pricing and discounting system;
      2. To provide you with the ability to create a webpage for a single Property, a series of Properties or a packaged portfolio of Properties and, if you advertise more than one Property, a search page;
      3. To enable Renters to book and pay for their bookings online by credit and/or debit card or other means of payment accepted by us from time to time; and
      4. To provide you and the Renter with a standard form contract (our Booking Contract) that forms the basis of the agreement between the Renter and you.  A copy of the standard form booking contract can be found here.
    2. Although our System is intended to provide this functionality, we reserve the right, in our sole discretion, to change the functionality from time to time and we do not accept liability for any interruption, non-availability or failure of the System. Nothing in this agreement shall impose any obligation on us to provide access to, maintain or manage on your behalf any facility which at time forms part of the System or become liable in any way whatsoever for any bookings made or not made through the System.
    3. Although we use our reasonable endeavours to provide access to and availability of the System at all reasonable times, you agree that access to the System may be limited by maintenance and other factors, whether planned or unplanned, which require or result in the suspension, or interruption, of, or the occurrence of deficiency(ies) in the System, or its operation, in whole or part, and which may inhibit or impair your access to the System. You agree that we have no liability to you in respect of any such occurrences or events or for any loss or damage of any nature whatsoever (including for the avoidance of doubt and not by way of limitation any loss of bookings) which you may suffer or incur as a result.
    4. To the fullest extent permitted by law, we make no representation, warranty or guarantee, whether express or implied, about the System, that the operation of the System will be uninterrupted, continuous or error free, or otherwise.
    5. You agree that the System is provided “as is”.  We disclaim any warranties about merchantability and fitness for any particular purpose.
  8. When will we release Renter’s Funds to you?
    1. You agree that all sums that are payable by the Renter to occupy your Property for a booking made through our System (other than any sums that are shown on the Summary to the Booking Contract as being payable locally for Extras) will be paid to us, for us to hold in accordance with the terms of this agreement.  
    2. Unless there is a dispute between the Renter and you which we consider may result in our making payment to the Renter under our Renter Protection Policy, or a chargeback claim being made in relation to a booking, or you are or have been in breach of this agreement, we will release Renter Funds that are payable to you for a booking as follows:
      1. If you have not used our System before,  on the day after the Stay of your first Renter has ended;
      2. In every other case, unless paragraph (c) of this clause applies, after 3 days have expired since the Check-in Date; and
      3. If you agree to pay to us an Early Payment Fee, according to the terms applicable to the relevant Early Payment Fee, up to an aggregate amount not exceeding your Credit Limit for all payments. The Early Payment Fee varies according to how soon you wish us to release Renter Funds to you.
    3. You agree that we may set and vary your Credit Limit, in our sole discretion, if we consider it appropriate to do so.
    4. You agree that if we reasonably consider that you are or may be in breach of this agreement, we may restrict your Account so that you may not request payments from us and we shall not be obliged to make payments to you until we are satisfied that the breach or events that give rise to it have been resolved.
  9. What forms of payment do we accept?
    1. The symbols on our Website show the types of payment we accept from Renters and from you.
  10. How can you claim payment from us of Renter Funds?
    1. We will only make Renter Funds available to you when you make a valid payment request through our System and you have entered your banking details onto the System.
    2. We make Renter Funds available when our System allows you to request us to make payment from our bank account to your bank account for which we hold details on our System.  We do not accept liability for any failure or delay by our bank or any intermediary to transfer funds to or to credit your bank account with Renter Funds.  You must make sure that the information that you enter into our System when making a payment request is accurate.
    3. If you make a payment request which is accepted by our System and your bank account is in the United Kingdom, we will instruct our bank to transfer the Renter Funds requested to you by BACS transfer. In other cases, we will instruct our bank to transfer the Renter Funds requested by EFT priority payment or by such other means of payment as we in our sole discretion may select. 
    4. You agree that, unless we agree otherwise, you are responsible for all bank and other payment charges that may be levied by our bank or other payment processing service provider when payments are made to us in respect of bookings of your Property and any payments made to us by you in connection with such bookings.  We reserve the right to claim reimbursement from you for all such charges.  You agree that you are responsible for all bank and other payment charges that may be levied by your bank or other payment processing service provider and any intermediaries.
    5. You agree that we will not instruct our bank to pay Renter Funds to you only in the currency in which we receive payment when the Renter makes the Booking Contract.
    6. We are not responsible for collecting payment from a Renter for any Extras or for any Service Charges. You are responsible for making your own arrangements with the Renter or member of the Renter’s Party for payment of these costs.
  11. Our charges
    1. You agree to pay to us whenever a booking is made:
      1. Our Marketing Commission; and
      2. Our Payment Charge
    2. You agree that we may, without prejudice to our rights at law, deduct our Marketing Commission and Payment Charge and any other sums that are owed or become owing by you to us from any Renter Funds that we then hold for you in respect of any bookings made through our System.
    3. You agree to pay to us a Cancellation Fee, if you cancel a booking in circumstances in which the Renter is not then in breach of the Booking Contract.
    4. You agree to pay to us a Refundable Breakage Deposit Fee for processing a Refundable Breakage Deposit.  This fee is not repayable by us to you if a booking is cancelled.
    5. You agree that we may charge an Excessive Use Fee if we consider, in our sole discretion, that you have, used our System inefficiently causing us to allocate resources to dealing with your Account or enquiries about your booking(s) without good cause.
    6. You agree that we may charge one or more Account Administration Fees, in the event that you do not use or access your Account and keep balances in it for a long period of time, as noted in clause 26 below.
    7. If you:
      1. Increase the Rent payable under a Booking Contract, you agree that our  Marketing Commission and Payment Charge shall be calculated by reference to the Rent as so increased; and
      2. Reduce the Rent payable under a Booking Contract, you agree that our Marketing Commission and Payment Charge shall be calculated by reference to the Rent before such reduction.
    8. Details of our charges are available from us upon request.
  12. The Booking Contract
    1. You agree with us that:
      1. The Property and all services you contract with any Renter to provide will be provided with reasonable skill and care and that all persons provided or used by you (whether or not employed by you) in connection with the provision of the Property will be appropriately qualified, experienced and capable of competently performing the work or jobs for which they are provided;
      2. The Property will be of a good and clean standard, in good working order and safe for occupation and use by Renters;
      3. The Property and all services you contract with any Renter to provide comply and will at all times comply in full with all applicable national, local, trade and other laws, regulations and codes of practice (including EU legislation, where applicable) relating to hygiene, fire, safety and other standards for those staying at or using the Property or contracted services and that you have and will at all times maintain in force the appropriate current certificates confirming such compliance; and
      4. You hold and will at all times maintain all necessary licenses, consents and permissions required by applicable national and/or local law in relation to the Property and/or the contracted services. 
    2. The Booking Contract available for your use on the System has been drafted on the basis of English law and is expressed to be governed by English law. You may agree with the Renter separately that another law and jurisdiction is appropriate. Though we offer the Booking Contract for your use, we make no representation or warranty that it is suitable for the purposes of letting your Property on a temporary basis of any kind whatsoever, or that it is enforceable in accordance with its terms under English law. By using our System you agree that you use it entirely at your own risk.   You acknowledge that local laws may impose different obligations and liabilities on you than appear in the Booking Contract and that you may be able to take advantage of, or have the benefit of, different or additional defences, exclusions and/or limitations of liability to those set out in the Booking Contract. You acknowledge that the Booking Contract may not correctly or fully state your legal obligations and/or position and may not include any of the defences, exclusions or limitations available to you or that it may include defences, exclusions or limitations which you are not legally entitled to rely on. You agree that it is your sole responsibility to establish your legal position and take whatever steps are appropriate or necessary to protect it (including entering into a supplementary agreement with Renters where appropriate). We have no liability whatsoever for any claims, loss, damage, costs, expenses, liabilities or other sums of whatever nature or description which you suffer or incur, directly or indirectly, as a result of Your use of the Booking Contract, whether alone or in conjunction with any supplementary agreement(s).
    3. You agree to comply with the terms of every Booking Contract.
    4. You understand and acknowledge that you may, outside of our System, agree with the Renter variations to the Booking Contract after it has been made, or make agreements or arrangements that supplement it.
    5. You agree that we may change the form and terms of the specimen Booking Contract from time to time by uploading a new version onto our Website.
  13. System usage, Set up and handling Renters 
    1. You agree that:
      1. You are solely responsible for the initial uploading of the descriptive details, prices and all other information relating to the Property and goods and services you offer onto our System;
      2. You will (and are solely responsible for) keep those details up to date; and
      3. You will regularly and promptly update the dates on which the Property is shown as available for let using our System.
    2. You agree that you are solely responsible for and you agree that you shall procure that all descriptions and photographs and other information that you upload onto our System in respect of the Property, any Extras you offer and any other services you agree to provide:
      1. Are true and accurate and not misleading in any material respect;
      2. Comply with all applicable laws;
      3. Fairly represent the state and condition of the Property and the nature of any Extras or services to be provided; and
      4. Do not infringe the copyright or other intellectual property rights of any third party.
    3. You will ensure that all prices, details of Extras, discounts, cancellation charges and payment terms entered onto our System in respect of your Property will at all times be kept up to date by you and will at all times be accurate and not misleading in any material respect.
    4. You agree that you:
      1. Are responsible for checking that the settings that you have chosen on our System work as you intend;
      2. Will ensure that any instant booking that you set in our System is correctly priced; and
      3. Will ensure that any booking request sent to you is correctly priced before you accept it.
    5. You agree to indemnify us on demand and hold us harmless from and against any cost, claim, loss or damage, expense or other liability of any description whatsoever that we may suffer or incur, directly or indirectly, as a result of any breach by you of any Booking Contract or any supplemental agreement or other contract or arrangement made between you and a Renter.
    6. You agree to respond promptly and efficiently to any queries from Renters regarding the Property and/or any booking whether received before or after bookings have been confirmed.
    7. You agree that you will:
      1. Promptly notify each Renter of any alterations or amendments to the description of the Property, any Extras and other services you agree to provide that you upload onto our Website and both before and after bookings have been confirmed;
      2. Promptly notify each Renter affected if you cancel a booking; and
      3. Promptly and sympathetically deal with any complaint you receive from a Renter whether passed onto you by us or received directly from the Renter.
    8. You agree not use or attempt to use the System in any way or for any purpose other than its intended use and for its intended purpose which is to process bookings for your Property.
    9. You agree not to process, or attempt to process, credit or debit card payments on behalf of Renters or any other third party.
  14. We can deny you access to the System
    1. You agree that we may (and we reserve the right to) suspend, turn off, remove or disable the System, your access to the System and/or to your Account, either temporarily or permanently for maintenance and other administrative purposes, and that we may do so, in addition and without limitation, for any of the following reasons, without prejudice to any other rights that we may have:
      1. If we have reason to believe that the details of your Property or the settings you are using on the System are in any way misleading, confusing or will or may lead to complaint or error in the booking process; or
      2. If you attempt to promote another website or enter an email address, phone number or other means of communication in the descriptive area of the System or elsewhere whether intended to deal directly with Renters or done unintentionally; or
      3. If you enter any information or material in the descriptive area which in our opinion is or may be in breach of copyright or subject to complaint by another party or on any basis is or may be fraudulent, offensive or misleading; or
      4. If we consider that you are in breach of any agreement with us or with Renter and that you are not taking appropriate action to deal with a complaint or remedy the situation. 
    2.  If we take any of these actions, you accept  that we may thereby inhibit your ability to request payments from us and agree that we are not liable for any Liabilities that you may suffer or incur as a result.
  15. Refundable Breakage Deposit and our Non-Refundable Breakage Waiver
    1. If our System so permits, you may specify whether you wish a Renter to provide security against breakages, by way of a Refundable Breakage Deposit or by purchasing from us, as authorised representative of All Seasons Underwriting Agencies Ltd, our Non-Refundable Breakage Waiver.
    2. If our System so permits, you may require that the Renter pays a Refundable Breakage Deposit in an amount specified by you. You agree that the Refundable Breakage Deposit shall be paid by the Renter to us and that we shall hold any Refundable Breakage Deposit until the period specified by you and allowed by our System in the Booking Contract has expired, when we may refund it to the Renter, unless you have notified us of, and substantiated, any loss or damage that has been caused by the Renter or member of the Renter’s Party to the Property and any to any fixtures, fittings, furniture, furnishings, appliances and other contents of the Owner and the like at or in the Property during the Stay.  You agree that we may pay to you any sums due to you for such loss or damage to the extent that the Refundable Breakage Deposit is sufficient to enable you so to be compensated and to refund any balance to the Renter.
    3. You agree to pay to us a Refundable Breakage Deposit Processing Fee where we administer a Refundable Breakage Deposit in accordance with this agreement.
    4. If our System so permits, you may also specify that a Renter should, instead, purchase from us our Non-Refundable Breakage Waiver, which is an insurance policy that insures the Renter and the Renter’s Party for a limited amount of cover against loss and damage caused during the Stay. You can find the terms of the Non-Refundable Breakage Waiver here. If you agree, by permitting a Renter to select the option using our System, that a Renter may choose to pay for our Non-Refundable Breakage Waiver, you agree that we, or anyone for whom we are an agent, including the insurer who underwrites the Non-Refundable Breakage Waiver, may administer any claim that you make for loss or damage covered by it.  If we offer the Renter the right to cancel the Non-Refundable Breakage Waiver, you agree that if the Renter exercises that right:
      1. We may charge a fee to the Renter for cancelling the Non-Refundable Breakage Waiver; and
      2. Unless you notify us otherwise, you will require the Renter to pay us a Refundable Breakage Deposit.
    5. You agree that you will notify the Renter and us promptly if you become aware of any damage or loss that is covered by the Refundable Breakage Deposit or the Non-Refundable Breakage Waiver, as the case may be. 
    6. Please note that the Non-Refundable Breakage Waiver does not cover the cost of any Service Charges. 
    7. You agree that it is your responsibility to recover from the Renter or member of the Renter’s Party the amount of loss or damage that is caused by such person(s), to the extent that the amount of such loss or damage exceeds the amount of the Refundable Breakage Deposit or our Non-Refundable Breakage Waiver.  
    8. You agree that we are not liable to pay interest to you on any sums held by us, whether by way of Refundable Breakage Deposit or otherwise, howsoever arising.
    9. You agree that the currency in which a booking is made:
      1. Shall be the currency in which the Renter is required to pay the Refundable Breakage Deposit; and
      2. Shall be the currency in which we shall make payment or refund of the Refundable Breakage Deposit or any payment to you under our Non-Refundable Breakage Waiver.
    10. Clickstay is registered with the Financial Conduct Authority (Firm Number 609793) and acts as an appointed representative of All Seasons Underwriting Agencies Ltd (Firm Number 308488) with respect to its insurance activity.  The Non-Refundable Breakage Waiver, if available, is underwritten by Focus Insurance Company Limited, registered in Gibraltar under company number 96218 and licensed and regulated by the Financial Services Commission of Gibraltar.
  16. Amendments and Cancellations 
    1. Our System may offer flexibility to make changes to the identity of the Renter, the dates of a Stay at your Property and the prices. If you make any change:
      1. To the price or the dates of a Stay, after a booking has been made, please note that you may be unable to record those changes on our System.  If the Renter and you agree a different price for a Stay than the price that is stated in the Booking Contract, may be unable to record after a booking has been made.  If you wish to record this arrangement on our System, you must notify us separately; and
      2. That is not agreed by the Renter, you agree that the Renter is entitled to a full refund as if the booking had been cancelled by you.
    2. The Booking Contract provides that you and the Renter may cancel the booking in accordance with its terms.  You agree that:
      1. If the Renter cancels a Booking Contract (unless the Renter cancels because you have changed the terms of the Booking Contract and the Renter does not agree the changes), the Renter is entitled to (and you agree to pay to him) a refund in accordance with its terms.  When we are notified of a cancellation by a Renter, we may calculate the applicable cancellation charge as set by you in our System and, if there are monies standing to the credit of your Account, we may refund any monies due to the Renter, after deduction of the applicable cancellation charges payable to you, by making payment to the credit or debit card or other means of payment accepted by us used to make the booking and reducing the balance standing to the credit of your Account accordingly.  If there are insufficient monies standing to the credit of your Account to enable such payment to be made, you agree to pay the difference to us to pay to the Renter at once, or, if we so require, you agree to pay the Renter directly yourself;
      2. If you cancel a Booking Contract (or a Renter cancels the Booking Contract because you have changed its terms and the Renter does not agree to the terms as so changed) you agree that the Renter is entitled to (and you agree to pay) a full refund: for this purpose, you agree that we may refund to the Renter the full amount of all sums that the Renter has then paid to us by making payment to the credit or debit card or other means of payment accepted by us used to make the booking and reducing the balance standing to the credit of your Account accordingly.  If there are insufficient monies standing to the credit of your Account to enable such payment to be made, you agree to pay the difference to us to pay to the Renter at once, or, if we so require, you agree to pay the Renter directly yourself.
    3. You are responsible for obtaining payment by a Renter of any monies that the Renter may owe to you, including, without limitation, any cancellation charges that the Renter is liable to pay to you under a Booking Contract and which exceed the total amount of monies paid by the Renter.
    4. If you cancel or make material changes to a booking which the Renter is not willing to agree:
      1. You acknowledge that we may, but not obliged, to assist the Renter to find alternative accommodation; and
      2. You agree that:
        1. Subject to the terms of the Booking Contract and any supplemental agreement that you have made with the Renter, you may be responsible for all and any Liabilities suffered or incurred by the Renter as a result of your cancellation or change of the booking; and
        2. We have no responsibility or liability whatsoever to the Renter or to you for any such Liabilities.
    5. If you cancel or change of a booking with which the Renter does not agree, you agree that we may suffer a loss of business or other losses as a result and you agree to indemnify us and hold us harmless from and against all Liabilities that we may suffer as a result of such cancellation or change.  
  17. The consequences of cancellations 
    1. If a booking is cancelled:
      1. By you or the Renter, before the Renter has made any payment to us, no refunds or payments should be made;
      2. By you, after the Renter has made payment to us, you agree to pay to us in respect of that booking:
        1. Our Marketing Commission on the full value of the booking;
        2. Our Payment Charge; and
        3. unless you cancelled because the Renter is in breach of the Booking Contract, a Cancellation Fee; and
      3. By the Renter, after the Renter has made payment to us, you agree to pay to us in respect of that booking:
        1. Our Marketing Commission on the full value of the booking; and
        2. Our Payment Charge.
    2. If the Renter cancels after the Renter has paid us for our Non-Refundable Breakage Waiver, you agree that we are not liable to repay to the Renter the fee paid to us for the Non-Refundable Breakage Waiver.
    3. If you have not paid our Marketing Commission and Payment Charge in full when a booking is cancelled, you agree to pay us such sums on demand.  You authorise us to debit those amounts from your Account and deduct them from any sums payable by us to you. We may note the amounts owing to us on your Account.
    4. You agree to repay any payments already received by you in respect of a booking you have cancelled must be promptly returned to us or to the Renter, if the Renter has paid you directly.  
  18. If we are liable to make payments under our Renter Protection Policy and for charge-backs 
    1. We offer a Renter Protection Policy to Renters who book through our website at www.clickstay.com, which is designed to ensure that a Renter obtains a full refund in certain, limited circumstances.  A copy of our Renter Protection Policy is available here.  If a Renter does not book through www.clickstay.com, the Renter is not eligible for the benefits of that policy. You agree that we may change our Renter Protection Policy at any time by changing the policy shown on the Website and that you will be bound by any changes to that Policy with effect from the date on which we make them.
    2. In certain circumstances, if a Renter pays by credit card, or if the terms we agree with a payment provider so require, we may be obliged to refund or repay (whether by crediting the card used by the Renter, or otherwise) sums that have been paid to us by those means that have been paid.  We refer to these payments as a “chargeback” in these terms.
    3. We shall notify you promptly if we are liable to make any such refund or repayment.
    4. You agree that if, in respect of a booking of your Property, we are obliged to refund monies to a Renter under our Renter Protection Policy or by way of a chargeback, or for any other reason, then, notwithstanding that you may then be in dispute with the Renter or have any claims against the Renter or member of the Renter’s Party:
      1. We may deny you access to your Account: (You agree that, if we do so, you may be unable to manage your Property or to request payments from us);
      2. We may make such refund or repayment from any Renter Funds that have been paid to us and are then held by us for that booking or for any other booking or from any sums that are shown to the credit of your Account;
      3. If or to the extent that we have then remitted Renter Funds to you for that booking you agree to repay all those sums to us promptly upon demand;
      4. You will promptly notify us of any sums that have been paid directly to you by the Renter and you agree to refund or repay all such sums immediately;
      5. You will notify us promptly of any refunds or repayments that you are liable to make to the Renter (of sums that the Renter has paid directly to you) and of any sums that you have repaid or refunded directly to the Renter;
      6. You will promptly refund any sums paid directly to you by the Renter for or in respect of the booking; and
      7. You agree to pay to us all charges that we would have been entitled to make under this agreement as if we were not obliged t make such refund.
    5. You agree that if we are liable to make any refund or repayment to a Renter under our Renter Protection Policy or by way of a chargeback, or for any other reason:
      1. We may do so by using any funds in your Account, whether or not they relate to the booking concerned, without giving prior notice to you or obtaining your consent to do so; and
      2. It is your sole responsibility to obtain payment by the Renter of any sums which you allege should not have been refunded. 
    6. You agree that it is your sole responsibility to recover from a Renter to whom we are liable to refund or repay sums paid to us under our Renter Protection Policy or by way of a chargeback, or for any other reason, any sums that you consider the Renter is liable to pay to you.  You agree that you will not exercise any right or set-off, lien or counterclaim against us so as to frustrate, delay, deny, impede or otherwise interfere with our obligation to make such refund or repayment.
  19. Our liability to you
    1. You agree that we are not party to any Booking Contract and, accordingly, that you alone are liable for performing the obligations contained in it, including, without limitation, dealing with complaints made under or in respect of it and paying any compensation that might be agreed or determined to be payable if you are in breach of it.
    2. You agree to indemnify us and keep us indemnified from and against all Liabilities that we may suffer or incur as a result of any claim that may be made against us by a Renter or member of the Renter’s Party under or in respect of any Booking Contract.
    3. You agree that we are not and will not be liable to you or any Renter or member of a Renter’s Party for any loss or damage whatsoever or howsoever caused arising directly or indirectly that you, the Renter or any member of the Renter’s Party may suffer or incur in connection with this agreement, or the System, its use, application, support or otherwise, damage or corruption to other software or data or for loss of profit, business, revenue or goodwill except to the extent to which it is unlawful to exclude such liability.
    4. We do not exclude liability for death or personal injury which is directly caused by our negligence or that of any of our employees providing, in the case of employees, they were at the time acting within the course of their employment. 
  20. Indemnity 
    1. You agree to indemnify us and keep us indemnified from and against any and all Liabilities that we may suffer or incur which arise from any cause whatsoever, or out of, or in connection with this agreement. For the avoidance of doubt and not by way of limitation, the Liabilities covered by this indemnity shall include (but are not limited to) those arising, directly or indirectly, from any breach of this agreement and/or any other agreement between you and us by you and/or any act(s) and/or default(s) of you and/or any person(s) provided or used (directly or indirectly) by you (including your employees, agents, suppliers and sub-contractors).  For the avoidance of any doubt, this indemnity shall apply to any or all liabilities incurred or suffered by us including those where there is no finding of negligence, breach of contract, breach of statutory duty or otherwise on Your part and the words “out of or in connection with this Agreement” shall be given the widest possible construction. This indemnity will survive and remain in full force and effect after the termination (for any reason) or expiry of this Agreement.
    2. Without prejudice to the generality of clause 20.1 above, you agree to indemnify and keep us indemnified  from and against any and all Liabilities that we may incur, suffer or for which we become liable as a result, directly or indirectly, of your use of the System, or in respect of any information or material uploaded by you onto our System or Website, or otherwise provided or made available by you to any Renter.  
  21. Insurance 
    1. You agree that you will, at all times, maintain, at your own cost, a comprehensive insurance policy or policies to cover, on a full indemnity basis:
      1. All risks relating to the use and/or occupation of the Property normally covered by insurance including (including by way of example and not by way of limitation) destruction or damage of the Property by any cause and all third party risks including cover for death, personal injury and illness of any Renter(s); and
      2. The full amount of all sums which may become payable by you to us under clauses 20.1 and 20.2.
  22. Termination 
    1. This agreement will continue unless and until terminated:
      1. By us giving you 28 days prior notice in writing; or
      2. By you giving us 28 days prior notice in writing that you wish to terminate this Agreement.
    2. We may also terminate this agreement if at any time you break any of the terms of this agreement:
      1. If we consider such not to be capable of remedy, immediately by giving notice to you; or
      2. If we consider that the breach is capable of remedy within 14 days, after the expiry of 14 days from the date of our notice to remedy the breach if you fail to remedy the breach to our reasonable satisfaction within such period; or
    3. We may terminate this agreement immediately by giving written notice to you at any time after any of the following events occurs:
      1. If you are a body corporate, an order is made, or an effective resolution is passed, for your administration, liquidation, or winding up (other than a winding up for the purpose(s) of re-organisation, reconstruction or amalgamation only without insolvency); or
      2. If you are a body corporate, you suffer the appointment of an administrator, liquidator, receiver, administrative receiver or any similar officer; or
      3. You enter into a binding legal arrangement to pay your creditors less than the full amount due to them; or
      4. You becoming bankrupt, or insolvent, or having a receiving order made against you; or
      5. You suspend, cease or threaten to suspend, or cease to carry on any business of which the letting of the Property forms part (other than for the purpose(s) of re-organisation, reconstruction or amalgamation only without insolvency); or
      6. You become unable to pay your debts as they fall due; or
      7. A receiver or other office holder is appointed in respect of the Property; or
      8. Any analogous thing occurs in any jurisdiction.
    4. Save as set out in clause 23 below, termination of this agreement shall not prejudice any of your or our rights which are in existence prior to the date of termination.
  23. Consequences of Termination 
    1. If we or you terminate this agreement in accordance with its terms, the following provisions will apply:
      1. We may deny you access to the System immediately;
      2. We may cease to advertise your Property and will remove it from the System thereby removing the facility to accept payments for any and all Property;
      3. You agree that you will not attempt to advertise any of your Properties on our System without our express written consent;
      4. Unless we direct otherwise, you agree to perform all Booking Contracts as if this agreement had not terminated;
      5. If we so require, you shall treat as cancelled all other Booking Contracts for which the Renter or members of the Renter’s Party have not begun their Stay and you and we shall treat such cancellations as if we were then liable to refund or repay Renter Funds to the Renter(s) in respect of those Booking Contracts under our Renter Protection Policy (to the intent that we shall refund to each Renter all Renter Funds that we then hold for them and you shall do likewise), but after deduction of all of our charges in respect of such booking(s);
      6. You agree to pay all charges that we are entitled to make that have not been paid to us by deduction from your Account;
      7. If we so require, you agree to request payment of any credit balance of Renter Funds in your Account that are not required to be repaid to Renters or to us.
    2. You agree that you will then be responsible for obtaining all monies due for any booking that has so been treated as cancelled directly from the Renter.  
  24. Renter details 
    1. You agree that we are entitled to use personal information of, and other details relating to you, the Renter and any or all members of the Renter’s Party in any of the ways and for any of the purposes set out in our Cookies and Privacy Policy or as otherwise permitted by law. You agree that we may do so, whether we obtained the details in question from the Renter direct or from you.
    2. You agree that, in relation to any personal or other details relating to Renters and enquirers (whether potential, present or past) in your possession you shall at all times, including all times after the termination of this Agreement, process such data in compliance with the obligations of a Data Controller under the Data Protection Act 1998 and any amendments thereto and any other applicable laws.
    3. You agree that you shall not at any time, including any times after the termination of this Agreement, send any marketing or promotional material or communications to individuals whose personal or other contact details you hold except in accordance with all applicable legislation in force at the relevant time (including but not limited to the Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2003 and all amendments thereto) or other applicable law. 
  25. Tax
    1. If our System so provides, we shall issue, on your behalf, to the Renter and to you a statement of the total cost to the Renter of the booking. Renter of the booking on the basis of the information provided by you but excluding any applicable VAT or sales taxes.
    2. You agree that it is your responsibility to comply with all applicable laws in relation to the booking, including without limitation, laws relating to value added tax, sales taxes and other forms of taxation.
    3. If so required by applicable laws, you agree to issue to a Renter one or more invoices that comply with all applicable laws.  Where applicable laws require you to issue an appropriate invoice to a Renter in respect of a booking, you agree to do so at your own cost and expense.
    4. Our fees and charges are stated exclusive of any applicable VAT or sales taxes.
  26. If you do not use your Account
    1. We are not a bank and although we understand that it may be convenient for you to keep some Renter Funds in your account with us, we reserve the right to charge, and you agree that we may charge (and you agree to pay to us), an Account Administration Fee if:
      1. You do not, according to our System, access your account for a period of 18 months; and
      2. You have a credit balance in your Account.
    2. You agree that we may, without prejudice to any other rights to which we may be entitled, charge you account with the Account Administration Fee and pay the fee by reducing the balance in your Account.
    3. You agree that we may close your Account if it does not have a credit balance if you do not use it for more than 24 months.  If we close you accounts, we shall use our reasonable endeavours to return to you any sums standing to the credit of your account, subject to deduction by us of Account Administration Fees.
  27. Records
    1. You agree that it is your responsibility and not ours to keep copies of all financial and other transactions that you make using our System.
    2. We recommend that you print copies of your Account on a regular basis.
    3. If this agreement terminates, we are not obliged to provide you with access to or copies of the information contained in your Account.
  28. Copyright, patents, trade marks and other intellectual property rights 
    1. You acknowledge that all copyright, trademarks, trade names, patents, domain names and other intellectual property rights of whatever nature created, developed, subsisting or used in or in connection with the System are and shall remain our sole property.  You agree that you shall not during the subsistence of this agreement or at any time after the termination of this agreement in any way use or permit the use of the same save as expressly permitted by this agreement or question or dispute the ownership by us of it.
    2. In the event that new inventions, designs or processes or other intellectual property rights of any description evolve or come into existence in the performance of or as a result of this agreement, you acknowledge that the same shall be our property unless otherwise agreed in writing by us.  
    3. By uploading information and data to our Website, you grant to us a worldwide, irrevocable, royalty free, licence to use that information for the purposes of the Website and for marketing purposes.
  29. Notices 
    1. Any notice given pursuant to this agreement must be so given in writing which may be effected by either us or you sending:
      1. An email to the address you notify to us and we notify to you); or
      2. If you give us an address in the United Kingdom, by pre-paid first class recorded delivery post; or
      3. If you give us an address outside the United Kingdom, by airmail; or
      4. By courier or by personal delivery.
    2. An email shall be deemed to have been received when sent unless a bounce back is subsequently received by the sender;
    3. A notice, if sent by courier or by personal delivery shall be deemed to have been received at the moment of delivery.
    4. A notice if sent by pre-paid first class recorded delivery post shall be deemed to have been received 48 hours from the time of posting. 
    5. A notice, if sent by airmail, shall be deemed to have been received 10 days after posting.
  30. Severability 
    1. If any provision of this agreement is held to be invalid or void for any purpose, it shall for that purpose be deemed to be omitted from this agreement. Such omission shall not affect or prejudice the validity, effectiveness or enforceability of the rest of the provisions of this agreement. 

  31. Headings 
    1. The headings in this agreement are for reference purposes only and do not form part of the agreement. They shall not affect the interpretation of this agreement and are not deemed to be an indication of the meaning of the clause to which they relate. 
  32. Waiver 
    1. In the event of any breach of this agreement, the rights of the party not in default shall not be prejudiced or restricted by any indulgence or forbearance extended to the party in default and no waiver of any breach operates as a waiver of any subsequent breach. 
  33. Proper Law and Jurisdiction 
    1. This agreement and all matters arising out of it (including as to its formation) shall be construed and governed by English Law.
    2. You and we each agree to submit to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute that arises under or in relation to this agreement. 
  34. Disputes with Renters
    1. In the event of a dispute between a Renter and you being notified to us by either the Renter or you, we shall be entitled in our sole discretion to withhold all and/or any monies due to you whether relating to that particular booking or otherwise until such times as the dispute has been settled and both you and the Renter have acknowledged settlement in writing to us. 
    2. We have no obligation to resolve any dispute between the Renter and you.  If at any time we are asked to express an opinion, and do so, you agree to consider our opinion carefully.  
  35. Defined Terms
    1. In this agreement: 

    2. Accommodation Cost means the charges made by you for letting your Property to a Renter that are specified in the Booking Contract.
      Account means the account we set up for you with a unique identifier that shows all of the financial transactions that you make by means of our System.
      Account Administration Fee means the sum plus VAT or other sales taxes, if applicable, shown on our list of charges that is available from us upon request.
      Affiliate Programme means the affiliate programme set up and administered by us.
      Affiliate Programme Booking means any booking that is generated by a member of our Affiliate programme.
      agreement means the agreement made between us and you on these terms (as amended from time to time in accordance with these terms).
      Booking refers to a Booking Contract.
      Booking Contract means a contract between the Owner and a Renter for a temporary Stay in the Owner’s Property, made on the basis of the Booking Conditions that appear on the Website.
      Booking Request refers to a setting on our System so that a person who wishes to make a Booking must seek your approval before the Booking is made.
      Cancellation Fee means the sum payable by you to us if you cancel a booking contract in circumstances in which the Renter is not in breach of the booking contract.
      chargeback has the meaning in clause 18.
      Check-in Date means the date specified in a Booking Contract when a Stay is scheduled to begin.
      Clickstay refers to Clickstay Ltd., a private company, limited by shares and incorporated in England and Wales under number 8674663, whose registered office is at Astral House, Granville Way, Bicester, Oxfordshire, United Kingdom OX26 4JY. Reference to Clickstay shall be deemed to include a reference to its successors and assigns.
      Cookies and Privacy Policy means our Cookies and Privacy Policy a copy of which can be accessed via our Website.
      Credit Limit means the maximum amount of Renter Funds payable to you that are eligible for early release, subject to you agreement to pay to us an Early Payment Fee.
      Deposit means the sum payable by a Renter when a booking is made, that is not refundable, except when you cancel or the terms of clause 18 apply.
      Early Payment Fee means the fee payable by you to us for releasing Renter Funds to you before the third day of the Stay for which they were paid has expired, as specified in the Schedule to the Booking Contract concerned.
      Excessive Use Fee means the fee payable by you to us where you use our System ineffieciently without good cause.
      Extras means goods and services that you agree to provide to the Renter or the Renter’s Party that are identified in a Booking Contract as payable by the Renter on or after arrival at the Property to someone other than Clickstay.
      Instant Booking refers to a setting on our System, if available, that permits a Renter to make a booking without your approval.
      Liabilities means each and every loss, cost, claim, damages, demand, expense (including without limitation legal costs and expenses on a full indemnity basis) and all other liabilities whatsoever.
      Marketing Commission means the commission payable by you to us in accordance with this agreement  when a Renter makes a booking of your Property using our System, as specified in the Schedule.
      Non-Refundable Breakage Waiver means the insurance policy a summary of which can be found here, arranged by Clickstay for Renters as an alternative to the Refundable Breakage Deposit that offers protection, subject to financial limits, against breakages and damage caused during a Stay.
      Owner means the person who has joined as a member of Rentalsystems who either owns or co-owns the Property or who is the authorised agent of the owner(s) of the Property and in either case, has the permission of all owners of the Property to market and let the Property as temporary accommodation in accordance with this agreement.
      Payment Charge means the fee we charge for receiving and holding monies paid to us by a Renter, as specified in the Schedule.
      Property means a hotel, apartment block, apartment, house, villa, or other building or accommodation including any premises, any swimming pool, ancillary building and annex, made available for temporary occupation by a Renter via our Website.
      Refundable Breakage Deposit means the sum specified by you using our System that is to be paid to and held by us as security against damage or loss and any Service Charges caused or incurred by a Renter or member of the Renter’s Party during the Stay.
      Refundable Breakage Deposit Fee means the fee payable to us for processing a Refundable Breakage Deposit.
      Renter means a person who makes a booking of your Property through our System.
      Renter Funds means the monies collected by us from Renters who pay by credit or debit card through our System.
      Renter’s Party means the individuals named in the Booking Contract as those who  will occupy your Property on a temporary basis (including any additional person(s) or substitute person(s) agreed with the Owner).
      Renter Protection Policy refers to the policy which can be found here.
      Service Charges means charges you levy upon a Renter and/or members of the Renter’s Party for use services at the Property during a Stay for which you have to pay third parties (such as, without limitation, the cost of telephone calls, pay per view television and the like) and which are not identified in the Booking Contract as Extras.
      Stay means the period stated in the Booking Contract during which you agree the Renter and/or members of the Renter’s Party may occupy your Property on a temporary basis.
      System means the online software  made available to you by means of our Website.
      We, us, our refers to Clickstay.
      Website means www.rentalsystems.com and any other website operated by us that enables Owners to arrange and manage bookings made by Renters.
      You, your refers to the Owner.


    3. Any reference to a clause, sub-clause or schedule means a clause or sub-clause of or schedule to this agreement unless otherwise expressly stated. References to any gender include all other genders and to the singular includes the plural and vice versa.