Terms and Conditions for Holiday Letting Agency (Marketing and Letting)

Holiday Letting Agency Terms and Conditions (Marketing and Letting Only)

PROP.EST.16
These Holiday Letting Agency Terms and Conditions (Marketing and Letting Only) are for use by holiday letting agencies. They set out how the Agency will market and secure bookings of an Owner’s property and how much commission will be paid. The Terms and Conditions, together with the Holiday Letting Agency Appointment Form, create a contract between the Agency and the Owner.

This version of the Terms and Conditions should be used where the Owner will retain responsibility for repair and maintenance of the property. The Agency’s role is limited to marketing and handling bookings. If the Agency is to be responsible for arranging repair and maintenance, the Holiday Letting Agency Terms and Conditions (Fully Managed Service) should be used instead.

Clause 1 contains definitions and in some cases refers to information contained in the Appointment Form.

The definitions of “Letting Periods” and “Reserved Periods” allow the parties to specify in the Appointment Form the weeks when the property will be available for lettings and the weeks when the Owner will have use of the property. Alternatively, the Terms and Conditions can provide for the Owner to have a certain number of reserved weeks, the exact weeks to be decided later.

Clause 2 covers the appointment of the Agent.

Clause 3 sets out the duties of the Agent during the Agency Period. These include preparing particulars of the property, marketing the property and taking bookings.

Clause 4 deals with lettings and states that the Agent will enter into booking contracts on the Owner’s behalf.

Clause 5 sets out the rights and duties of the Owner. It confirms that the property may be used by the Owner during the Reserved Periods and will be available for lettings during the Letting Periods. It also provides for the Owner to repair, maintain and decorate the property and provide clean linen and towels.

Clause 6 covers financial matters, including the Agent’s commission. The Agent must keep the owner updated about monies received and spent.

Clauses 7 and 8 deal with extension and termination of the contract between the Agent and the Owner. Either party may extend or terminate the contract by giving a specified period of notice to the other. The contract can also be terminated on the grounds of insolvency.

Clauses 9 to 12 contain standard legal interpretation wording and provisions regarding the service of notices.

Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

These Holiday Letting Agency Terms and Conditions (Marketing and Letting Only) are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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