MyMountainPlace.net is a sub-brand of Ski API Technologies Limited (SKAPIT) and is bound by these Terms & Conditions of Use.
By registering as a Partner you must read, agree with and accept all of the terms and conditions contained in this agreement. This agreement is provided to you and concluded in English. We recommend that you store or print-off a copy of this agreement (including all policies) for your records.
If you do not agree to the terms of this agreement (or to the documents referred to in it), please refrain from registering as a Partner, making a Booking or requesting any Service.
SCOPE OF THE CONTRACT:
A. The Agent carries on business as a travel agent in the United Kingdom. The Home Owner/Supplier/Principal is the operator and supplier of Property/Accommodation.
B. Under this Agreement, the Home Owner/Supplier/Principal wishes to use the agency services of the Agent to sell the Property/Accommodation on behalf of the Home Owner/Supplier/Principal.
C. The Parties will keep the contents of this Agreement and its terms of trading including agreed room and commission rates, strictly confidential and unless obliged to do so by law will not disclose them to any third party.
1.1 The following definitions shall apply in this agreement:
Accommodation Cost: the fee described in the Confirmation of Booking payable by the Guest for a Booking.
Additional Guest Services: additional services that SKAPIT may make available to the Guest (for example, taxi/transfer booking services, ski pack booking or sourcing (including ski passes, ski hire & tuition), restaurant bookings, etc.).
Booking: a request by a Guest to book a stay at a Property. “Book” and “Booked” shall be interpreted accordingly.
Booking Details: the booking details for a Property agreed to by the Guest on the Website, via a platform or by email.
Confirmation of Booking: SKAPIT's acceptance of the Guest’s Booking Details which has been delivered to the Guest by e-mail or confirmed via a booking platform.
Deposit: the security deposit of 500 GBP.
End Date: the end date of a Booking specified in the Confirmation of Booking.
Force Majeure Event: means acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of
or preparation for war, armed conflict, imposition of sanctions; nuclear, chemical or biological contamination or sonic boom; collapse of buildings, fire, explosion or accident; and interruption or failure of utility service.
Furnishings: the Home Owner’s furniture and furnishings in the Property.
Guest: a Customer who requests a Booking of a Property via the Website, or a Customer who stays at a Property and is not the Home Owner for such Property.
Home Owner: the home owner that holds the freehold or leasehold title to a Property or the person who is duly authorised to enter into the Agreement.
Partner: the registration of a Home Owner, their Representative/Agent or Supplier/Principal who authorises SKAPIT to marketing and sell Holiday Lets in their Property.
Property (Accommodation): the premises belonging to a Home Owner located at the address that is specified in the Confirmation of Booking.
Start Date: the start date of a Booking specified in the Confirmation of Booking.
Supplier/Principal: The Home Owner that holds the freehold or leasehold title to a Property or the person who is duly authorised to enter into the Agreement.
Website: SKAPIT's website located at www.powderwhite.com.
2. APPLICABLE TERMS
By accepting this agreement, you agree to become a Partner and may use the Website as a Home Owner and as a Guest (where relevant Customer/Guest Terms apply).
3.1 These terms for Home Owners form part of the terms and conditions of use agreement (“Terms and Conditions of Use”) and shall have effect as if set out in full in the body of the Terms and Conditions of Use (these terms for Home Owners and the Terms and Conditions of Use together “this agreement”).
3.2 The definitions below apply in these terms for Home Owners:
Accommodation Cost: the per night or per week fee agreed between SKAPIT and the Home Owner in writing at which the property is marketed and sold to The Guest.
Owner Fee: the fee that is payable to the Home Owner by SKAPIT for each night a Guest Books the Property during the Availability Period as defined in the Booking Confirmation.
Commission: the fee that is deducted from the Accommodation Cost in the Guest Booking Confirmation as payment for SKAPIT's agency services and which is retained by SKAPIT before the Owner Fee is payable to the Home Owner.
Availability Period: the period of time in which the Home Owner has guaranteed to make available a Property for a Booking.
4. HOME OWNER ELIGIBILITY
To be eligible as a Home Owner you must:
(a) be at least 18 years old;
(b) be (and at all times remain) the freehold or leasehold owner of the Property, or be duly authorised to enter into this Agreement for the Holiday Let of the Property;
5. APPOINTMENT OF SKAPIT AS AGENT
5.1 For the duration of the Availability Period (and any subsequent or additional Availability Period), each Home Owner appoints SKAPIT to be its agent and SKAPIT accepts the appointment on the terms of this agreement, to:
(a) promote the Property and list it on the Website (or any other website or listing service) as available for Booking;
(b) procure the Booking of the Property by Guests;
(c) manage the Booking of the Property;
6. HOME OWNER’S OBLIGATIONS, WARRANTIES AND UNDERTAKINGS
As a Home Owner you agree, acknowledge, warrant and undertake:
(a) that SKAPIT shall be entitled to conclude Booking(s) of the Property for all or any part of the Availability Period without further notice or consent from you;
(b) that once you have agreed that the Property is available for a Booking during the
Availability Period, you guarantee the Property will be available;
(c) to raise any issues, damage or other complaints of any nature SKAPIT
within 48 hours of the End Date;
(d) that the Property is in the same state and condition as it is described on the Website. If, in SKAPIT's sole discretion (acting reasonably), the Property is not in the same state and condition described on the Website (or is otherwise unsatisfactory) you agree to pay SKAPIT's costs of having relocate Guests and any compensation payable to the Guest as a result. SKAPIT may deduct from the Accommodation Fees (and any other sums due to you) SKAPIT's costs relating to Guest relocation and/or compensation.
(e) To provide SKAPIT with appropriate photographs and truthful descriptions as marketing material for their website and partner platforms.
(f) To ensure correct licensing is in place for use of the property for self-catered holiday let purposes and to also ensure that correct licensing is in place should additional catering services be provided or arranged by SKAPIT.
(g) That the Home Owner has obtained (and shall maintain at all times) the necessary Consents and has notified all relevant parties of the existence of this agreement, including (but not limited to) the Home Owner’s mortgage company (if applicable) and the Home Owner’s local authority (if required);
(h) To ensure that fully serviced and up to date Fire Safety equipment is in place in the property at all times (to include smoke alarms, carbon monoxide alarms, fire extinguishers, fire blanket, fire notices with assembly point details & first aid kit).
(i) the Furnishings are fire resistant and comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended;
(j) the Gas Safety (Installation and Use) have been satisfied and a gas safety certificate is available for inspection by SKAPIT and the Guest;
(k) the electrical appliances, plugs, sockets and wiring provided by the Home Owner are safe and compliant with local safety laws
(l) to be responsible for any and all taxes (whether of the UK, local or elsewhere) for which the Home Owner is liable in connection with this agreement and/or the letting of the property.
(i) the Property shall be vacant during the Holiday Let Period;
(ii) the Property has been left by the Home Owner in excellent condition; and
(iii) the Home Owner shall bear the costs of bringing the condition of the Property to the required standard if the Property is not left by the Home Owner in excellent condition;
(n) The Home Owner agrees to follow recognised industry best practice in respect of health & safety and keep the Accommodation free of hazards (including snow & ice clearing) that cause or are likely to cause harm. This shall include the maintenance of adequate Hazard Analysis Critical Control Points procedures and appropriate records of the same.
(n) The Home Owner will ensure that the Accommodation is and will remain throughout the period of this Agreement of a high standard, and will be clean, in full working order and safe for occupation and use by Customers, Guests and all other third parties.
(o) The Home Owner shall advise the Agent of any intended building works, refurbishments or withdrawal of any facilities at the Accommodation, as soon as these details are known and make adequate alternative arrangements if necessary to accommodate Customers in accommodation of an equal or higher standard, all additional costs to be borne by the Home Owner. The alternative accommodation shall be agreed by the Home Owner and accepted by the Guest prior to the start of the Guest’s booking. Should the Agent be obliged to compensate or refund Guests, the Agent will be entitled to deduct this compensation from any money owed by the Agent to the Home Owner at the time or in the future, without prejudice to any other rights and remedies available to the Agent.
(p) The Home Owner agrees that it is under a duty at all times to act in good faith and not act in any way which might cause damage to the reputation or brand of the Agent.
(q) to comply with the terms of this Agreement.
Unless otherwise agreed with SKAPIT, the Home Owner shall be responsible for, and shall promptly arrange and pay for, any and all maintenance (including cleaning, laundry & changeovers) required at the Property (whether before, during or after the Booking Period) and for all Service Media including fully functional TV and Wi-Fi Access.
8. HOME OWNER INDEMNITY
The Home Owner shall indemnify SKAPIT and the Guest against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by SKAPIT and/or the Guest arising out of or in connection with:
(a) the Home Owner's breach or negligent performance or non-performance of this Agreement;
(b) the unavailability of the Property as described on receipt of a booking;
(c) the relocation of a Guest as described in paragraph 6.1(d);
(d) the enforcement of this Agreement
If, in SKAPIT's reasonable opinion, a Guest cannot occupy the Property (because, for example, the Property becomes unsafe, a Force Majeure Event has occurred or the condition of a Property requires the relocation of a Guest), you shall indemnify SKAPIT in respect of its loss.
9.1 Home Owners may terminate this agreement by providing one month's written notice to SKAPIT.
9.2 If you do cancel your obligations under this agreement and SKAPIT has already confirmed a Booking of the Property, you shall be liable to SKAPIT for:
(a) the costs of relocating the Guest to a similar or higher standard property; and
(b) a fee of 15% of the value of the booking.
9.3 You may not terminate this agreement if you have agreed with SKAPIT a period of exclusivity for the listing of a Property and the period of exclusivity has not yet expired.
9.4 SKAPIT shall be entitled to terminate this Agreement without cause and at any time whatsoever, upon giving the Home Owner one month's written notice.
9.5 Each Party may immediately, by written notice to the other Party, terminate this Agreement:
(i) if the other Party commits a breach of any of the terms of this Agreement and the breach (if capable of remedy) is not remedied within one month of receiving written notice to do so by the other Party;
(ii) if the other Party ceases to be able to pay its debts in the ordinary course of its business or enters into an arrangement with its creditors;
(iii) if the other Party goes bankrupt or into liquidation either compulsory or voluntary or if a receiver is appointed in respect of all or any of its assets;
(iv) if a resolution is passed or an order is made for the winding up of the other Party;
(v) if any event equivalent to the above occurs in any other jurisdiction and affects the other Party.
9.6 If this Agreement is terminated for any reason, the termination shall not apply in relation to bookings made before the effective date of termination (regardless of whether the bookings are due to commence after the effective date of termination) and the rights and obligations of the parties under this Agreement (including the commission provisions) in respect of such bookings shall survive the termination and be enforceable notwithstanding it.
10. CHANGE OF OWNERSHIP OR MANAGEMENT
In the event of any change of ownership of the property of the Home Owner, the Home Owner shall notify the Agent of this immediately and shall, with the Agent’s prior consent, transfer its obligations under this contract to the new owner. Should the Agent not consent to the transfer, the Agent shall be entitled to immediately terminate the Agreement upon giving written notice to the Home Owner, without liability.
11. THE AGENT'S OBLIGATIONS
11.1 The Agent agrees to promote and sell the Accommodation in their role as agent.
11.2 The Agent agrees not to act outside of their authorisation as agent outlined in this Agreement.
11.3 The Agent agrees to collect funds from the Guests and remit such funds in line with the Agent or Partner Terms to the Home Owner, less all agreed deductions or cancellation charges.
11.4 The Agent agrees that it is under a duty at all times to act in good faith and not act in any way which might cause damage to the reputation or brand of the Home Owner.
12. MARKETING OF THE PROPERTY
12.1 You agree and acknowledge that you (as the Home Owner) are responsible for confirming all of the information, including images, videos, text and other content (“Content”), relating to the Property is materially accurate and you shall inform us as soon as reasonably practicable if any Content is untrue, inaccurate or incorrect.
12.2 You agree and acknowledge that SKAPIT may market or list the Property on any other suitable platforms or listing service at SKAPIT's discretion. Any reference in this agreement to a listing of the Property on the Website shall be deemed to include any other website, platform or listing service.
13. HOLIDAY LET
You acknowledge and agree that SKAPIT provides a holiday let platform and that nothing in this agreement shall entitle the Guest to be a tenant of a Property. You acknowledge and agree that the Home Owner shall grant to the Guest a licence to occupy the Property and not a tenancy.
SKAPIT strongly recommends that Home Owners only provide keys that cannot be cut or duplicated. Replacement of keys remains the responsibility of the Home Owner. We recommend a keypad entry system or a number coded key security safe system.
15. HOME OWNER INSURANCE
15.1 SKAPIT recommends that the Home Owner takes out buildings & contents insurance to cover, amongst other things, damage caused to the Property or losses in relation to the maintenance of the utilities and/or the Property.
15.2 SKAPIT shall, in consideration of any applicable fees, use commercially reasonable endeavours to assist the Home Owner to make a claim(s) to the insurance company for losses covered by the relevant insurance policy, provided that:
(a) there is a claim relating to theft or damage to the property that occurs during a Booking
(b) this has been reported to SKAPIT in writing within 48 hours of the relevant End Date;
15.3 The Home Owner shall take out and maintain throughout the period of this Agreement comprehensive liability insurance to cover all risks relating to the Accommodation and all risks arising out of the performance of this Agreement including (by way of example and not by way of limitation):
(a) destruction or damage of the Accommodation by any cause;
(b) all third party risks including cover for death, personal injury and illness (including legal costs) of Customers and employees, agents and representatives arising, directly or indirectly, from any act(s) and/or default(s) of the Home Owner and/or any person(s) provided or used (directly or indirectly) by the Home Owner (including employees, agents, suppliers and sub-contractors of the Home Owner) and/or any use of the Accommodation, in a sum which would be appropriate if any and all proceedings in relation to any third party claim were brought within the United Kingdom; and
(c) the full amount of all sums which may become payable under clause 8.
15.4 The Home Owner may on demand provide a copy of all insurance policies and schedules to the same to the Agent or the Agents’ representatives together with a copy of the receipt for the payment of the current premium. The Agent will not check the policy documentation for suitability and it remains the responsibility of the Supplier/Principal to ensure that they are adequately insured at all times. The Supplier/Principal shall forward any renewal documents to the Agent upon request.
16. OWNER FEES AND COMMISSION
16.1 SKAPIT shall release the Owner fee to the Home Owner the Owner Fee (in GBP) 24 hours (or first working day) after the guest arrives at the property. This rate equates to the price paid by the Guest for the Accommodation as shown on their Confirmation Invoice. From this amount will be deducted the SKAPIT Agent Commission in the amount of 15%. For the avoidance of any doubt, no fees shall be payable:
(a) for any period in which the Property is not Booked; and
(b) if a Booking is cancelled with more than 29 days’ notice. Please note that there may be a delay with the Owner Fee reaching the Home Owner's account and this can, in some cases, take up to 5/7 days to appear, particularly in the case of international bank transfers.
16.2 Option 1: In the event a Booking is cancelled by the Guest up to 24 hours before arrival at the Accommodation, no fee and no commission is payable to SKAPIT. If the holiday is cancelled within 24 hours of arrival at the accommodation, 85% of the Holiday Let Fee is payable to the Property Owner, subject to the Accommodation Cost being received in full from the Guest.
16.3 Option 2: In the event a Booking is cancelled by the Guest within 28 days of arrival at the accommodation, SKAPIT shall pay to the Home Owner within 48 hours of confirmed cancellation 80% of the Owner Fee, subject to the Accommodation Cost being received in full from the Guest.
In any case of cancellation, SKAPIT will endeavour to secure a replacement Holiday Let on behalf of the Home Owner. Normal Terms apply to this replacement Booking and Cancellation Terms (16.2) and Commission Payment Terms (Clause 16.1) will apply.
16.4 In all such cases of cancellation, where a Client payment has been made via Credit Card and as a result, refund fees are payable by SKAPIT, these are chargeable to the Home Owner in the amount of 2.5% of the transaction cost.
16.5 SKAPIT may deduct from the Owner Fees (and any other sums due to the Home Owner) any sums that you owe to SKAPIT at any time. If such fees exceed the Owner Fees due to the Home Owner, SKAPIT shall submit an invoice which gives details of the services provided and the amount payable for such services. The Home Owner shall pay each invoice submitted by SKAPIT within fourteen (14) days of receipt.
16.6 In the event of any dispute in respect of any payment the Agent shall be entitled to withhold the sum in question until the dispute is settled.
If you fail to make any payment due to SKAPIT under this agreement by the due date for payment, then, without limiting SKAPIT's remedies, you shall pay interest on the overdue amount at the rate of 4% per annum above Natwest plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
18. FORCE MAJEURE
18.1 Neither party shall be liable to the other for any contractual default which they could not foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, epidemic and/or pandemic, chemical or biological disaster and all similar events outside our or the Home Owner concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
18.2 If either party is affected by Force Majeure it shall immediately notify the other party in writing of the matters constituting force majeure and shall keep that party fully informed of their continuance and of any relevant change of circumstances whilst such force majeure continues. The party affected by force majeure shall take all reasonable steps available to minimise the effects of the force majeure on the performance of its obligations under this contract.
19. DATA PROTECTION:
19.1 For the purposes of this clause, “Data Protection Legislation” shall mean:
(i) up to the 25th May 2018, the Data Protection Act 1998;
(ii) on and after the 25th May 2018, unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then
(iii) any successor legislation to the GDPR or the Data Protection Act 1998.
19.2 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 19 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
19.3 The parties acknowledge that for the purposes of the Data Protection Legislation, the Agent is the Data Controller and the Home Supplier/Principal is the Data Processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
19.4 Without prejudice to the generality of clause 19.1, the Supplier/Principal shall, in relation to any Personal Data processed in connection with the performance by the Supplier/Principal of its obligations under this Agreement:
(a) process that Personal Data only on the written instructions of the Agent, unless (for Supplier/Principal’s based in the European Economic Area (“EEA”)) the Supplier/Principal is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Supplier/Principal to process Personal Data (“Applicable Laws”). Where the Supplier/Principal is based within the EEA and relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Supplier/Principal shall promptly notify the Agent of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Supplier/Principal from so notifying the Agent;
(b) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
(d) (where the Supplier/Principal is based within the European Economic Area), not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Agent has been obtained and the following conditions are fulfilled:
(i) The Agent or the Supplier/Principal has provided appropriate safeguards in relation to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) the Supplier/Principal complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
(iv) the Supplier/Principal complies with reasonable instructions notified to it in advance by the Agent with respect to the processing of the Personal Data.
(e) assist the Agent in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify the Agent without undue delay on becoming aware of a Personal Data breach;
(g) delete Personal Data on termination of the Agreement (or earlier if the Supplier/Principal has no further purpose for the Personal Data) unless (where the Supplier/Principal is based in the EEA) required by Applicable Law to store the Personal Data; and
(h) maintain complete and accurate records and information to demonstrate its compliance with this clause 13 and allow for audits by the Agent or the Agent’s designated auditor.
19.5 The Agent does not consent to the Supplier/Principal appointing any third party processor of Personal data under this Agreement.
19.6 Either party may, at any time on not less than 30 days’ notice, revise this clause 19 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this Agreement).
19.7 The Supplier/Principal shall indemnify the Agent against any losses, liabilities, damages, costs (including But not limited to legal fees) and expenses incurred by or awarded against, the Agent as a result of any breach by the Supplier/Principal of this clause 19 or any Data Protection Legislation.
20.1 Each party undertakes to the other that during the term of this Agreement and thereafter it shall keep secret and shall not without the prior written consent of the other party disclose to any third party (except to its legal and professional advisors) any Confidential Information learned by the recipient party or disclosed to the recipient party by such other party pursuant to or otherwise in connection with this Agreement.
20.2 The obligations of confidentiality in this clause 20 shall not extend to any information or matter which either party can show:
(d) is in, or has become part of, the public domain other than as a result of a breach of the obligations of confidentiality under this Agreement;
(e) was in its written records prior to the Commencement Date;
(f) was independently disclosed to it by a third party entitled to disclose the same; or
(g) is required to be disclosed under any applicable law or any regulatory authority, or by order of a court or governmental body or other authority of competent jurisdiction.
20.3 Without prejudice to any other rights or remedies of the disclosing party, the recipient party acknowledges and agrees that damages may not be an adequate remedy for any breach by it of the provisions of the Agreement and that the disclosing party may be entitled to seek the remedies of injunction, specific performance and other equitable relief from a court of competent jurisdiction for any threatened or actual breach of any such provision by the recipient party, and no proof of special damages shall be necessary for the enforcement of the rights under the Agreement.
21. ANTI-BRIBERY & ANTI-SLAVERY LAWS
21.1 The Supplier agrees, in respect of the provision of the Services, the Supplier shall comply (and shall procure that its employees, agents, subcontractors and suppliers comply) with all applicable laws, rules and regulations and codes of practice, including but not limited to the Modern Slavery Act 2015 and the Bribery Act 2010.
21.2 Anti-Bribery Obligations:
The Supplier shall not (directly or indirectly) pay, offer, give or promise to pay or authorise the payment of, any portion of the compensation or reimbursements received hereunder or any other monies or other things of value to an officer or employee of a government or any department, agency, or instrumentality or public international organisation; any political party or official thereof; any candidate for political office; any sub-contractor or supplier, or any other person at the suggestion, request or direction or for the benefit of any of the above-described persons and entities for purposes of influencing official actions or decisions or securing any improper advantage in order to obtain or retain business, or engage in acts or transactions otherwise in violation of any applicable anti-bribery legislation including but not limited to the Bribery Act 2010 and similar multilateral anti-bribery agreements.
21.3 Anti-Slavery Obligations:
In performing its obligations under the Agreement, the Supplier shall:
(a) comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force including but not limited to the Modern Slavery Act 2015; and
(b) maintain throughout the term of this Agreement its own policies and procedures to ensure its compliance and upon request, send copies of these to the Company; and
(c) not engage in any activity, practice or conduct that would constitute an offence under sections 1, 2 or 4, of the Modern Slavery Act 2015 if such activity, practice or conduct were carried out in the UK; and
(d) ensure that each of its subcontractors and suppliers shall comply with all applicable anti-slavery and human trafficking laws, statutes, regulations and codes from time to time in force including but not limited to the Modern Slavery Act 2015.
21.4 The Supplier represents and warrants that at the date of this Agreement, neither the Supplier nor any of its officers, employees or other persons associated with it:
(a) has been convicted of any offence involving slavery and human trafficking; and
(b) to the best of its knowledge, has been or is the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence of or in connection with slavery and human trafficking.
21.3 The Supplier shall implement due diligence procedures for its subcontractors and suppliers and other participants in its supply chains, to ensure that there is no slavery or human trafficking in its supply chains.
21.4 The Supplier shall indemnify the Company against any losses, liabilities, damages, costs (including but not limited to legal fees) and expenses incurred by or awarded against, the Company as a result of any breach by the Supplier of this clause 21.
22. CHANGES TO THESE TERMS
We may revise this agreement (or any of the documents referred to in this agreement) at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Notice of any material changes will be sent to Home Owners via email.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
23.1 This agreement is binding on you and us and on our respective successors and assignees.
23.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.
23.3 SKAPIT may assign, charge, or otherwise dispose of this agreement without your prior written consent.
24. COMPLAINTS AND DISPUTE RESOLUTION
24.1 If you have cause for complaint you should immediately contact SKAPIT.
24.2 If any dispute arises in connection with this agreement, a representative of SKAPIT with authority to settle the dispute will, within seven (7) days of a request from a Guest or Home Owner shall acknowledge receipt of the dispute;
24.3 SKAPIT will fully investigate the reasons and details of the dispute and provide a full written response within twenty-eight (28) working days of the first acknowledgement.
24.4 You may not commence any court proceedings in relation to any dispute arising out of this agreement until you have attempted to settle the dispute by negotiation and either the negotiation has not resolved the dispute within the following 30 days or SKAPIT has failed to participate in the negotiation, provided that the right to issue proceedings is not prejudiced by a delay.
25. GENERAL TERMS
25.1 We are required to provide certain information to you in writing. By accepting this agreement, you agree that we can communicate in English with you electronically by email.
25.2 This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
Law and Jurisdiction
25.3 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
25.4 Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.
26. CONTACT US
To contact us, please email email@example.com and/or through written communication through the relevant booking platform.