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Terms and Conditions of Service
TERMS AND CONDITIONS
Company details: SUPERHOSTPLUS LIMITED is a company incorporated in England and
Wales with registered number 09546159 whose registered office is at 22 Hereford Road, Ealing London, W5 4SE. We operate the website https://www.superhostplus.com/ (the website).
These terms and conditions (the “Agreement”) apply to all services provided by the
Company to you, being an individual who has completed an account registration on the
website (the Account Holder).
Your continuing instructions to the Company following receipt of this Agreement amount to
your acceptance of the terms of this Agreement, and you agree to comply with them. If you
do not agree to these terms, we cannot provide the Services (as defined below) to you.
1 Definitions
1.1 In this Agreement, the following words are defined:
Company: SUPER HOSTPLUS LIMITED, a company incorporated in England and Wales with
registered number 13940795 whose registered office is at 22 Hereford Road, Ealing London, W5 4SE London.
Property: The Airbnb property that the Account Holder owns.
Notice Period: 3 weeks for Airbnb, 6 weeks for other Platforms.
Services: The services provided by the Company in relation to the Property, as described in
more detail on the website https://www.superhostplus.com/services/.
Net Booking Income: Total income generated by Bookings from Platforms plus any Cleaning
Fee, less any deposits charged in accordance with clause 3.11 and Other Fees generated
by a specific platform for a specific booking.
Fees: The fees payable by the Account Holder, as set out in clause 3.10.
Management Fee: An amount equal to a percentage of the Net Booking Income, such
percentage being as agreed in advance between the Company and each Account Holder.
Onboarding Fee: A fee charged to all Account Holders in accordance with clause 3.7, as
notified to the Account Holder in advance.
Platform Fee: Any fees charged by Platforms.
Valid Payment Method: Any payment method approved by the Company, as indicated during
the onboarding process from time to time.
Availability Period: Any period or periods of time when the Property is available for Bookings.
Booking: Any reservation made by a Guest for the occupation of the Property.
Cleaning Fee: The charge for providing cleaning and laundry services, payable by the
Guest.
Other Fees: Fees generated by or during a booking, including but not limited to platform
fees, administration fees, trust and safety fees, 3rd party channel manager fee, payment
processing fee and transaction fee if applicable.
Confidential Information: In relation to either party or their subcontractors, any information
(whether or not stated to be confidential or marked as such) which that party discloses to the
other, or which the other party obtains from any information disclosed to it by that party,
either orally or in writing or by any other means, under or in connection with this Agreement.
Effective Date: The date on which the Agreement is agreed to by the Account Holder.
Guest: Any person introduced by the Company to the Account Holder and who completes a
Booking.
Platform: Any person or website engaged by the Company to assist in arranging Bookings
which includes, but is not limited to Airbnb, Booking.com, Homeaway etc.
Termination Date: The last day of the Notice Period, when the Company stops providing the
services to the Account Holder.
Working Day: Any day other than a Saturday, Sunday or public holiday in England and
Scotland.
1.1 In this Agreement, unless the context requires a different interpretation:
1.1.1 The singular includes the plural and vice versa;
1.1.2 References to sub-clauses, clauses, schedules or appendices are to sub-clauses,
clauses, schedules or appendices of this Agreement;
1.1.3 A reference to a person includes a natural person, corporate or unincorporated body
(whether or not having separate legal personality);
1.1.4 “Including” is understood to mean “including without limitation”;
1.1.5 Reference to any statutory provision includes any modification or amendment of it;
1.1.6 “Writing” or “written” will include fax and/or e-mail unless otherwise stated.
2 Key Obligations
2.1 Company’s Obligations
a) The Company will provide the Services to the Account Holder on the terms and conditions
set out herein.
b) The Company will use reasonable endeavours to perform the Services in a professional
and diligent manner. The Company does not warrant that any inventory checks on the
Property will be performed by the Company during the duration of this Agreement.
c) The Company does not warrant or agree that it will provide any level of occupancy of the
Property, nor that the Property will be let for any particular period of time.
d) The Company will arrange Bookings through Platforms. The Account Holder agrees to
abide by the terms of this Agreement and the terms and conditions provided by the
Platforms. In order to properly perform the Services, the Company is hereby authorised to
engage any suitable person to perform the Services.
e) The Company is appointed as the agent of Account Holder solely for the purposes of the
Services and in connection with the Property. The Company is not employed or partnered in
any way by any of the Platforms. Except as agreed under the Agreement or with written
approval from Account Holder, the Company will not hold itself out as an agent of Account
Holder, or incur obligations or liabilities on behalf of the Account Holder.
f) The Company shall facilitate the provision of cleaning, laundry, maintenance and repair
services as required.
g) The Company will take Bookings in Airbnb for 6 months in advance according to Account
Holder’s Property availability, and 12 weeks in advance according to Account Holder’s
Property availability if the Booking comes from other Platforms.
2.2 Account Holder’s Obligations
a) The Account Holder is duly authorised to enter into and perform this Agreement in
accordance with its terms and the other documents referred to in it.
b) The Account Holder is not aware of any actions, proceedings, claims or demands which
would prevent the Company providing the Services or prevent the Guest’s quiet enjoyment
of the Property during the Booking.
c) The Account Holder confirms that the Property is suitable for the Company to provide the
Services and that there are no restrictions of any nature which would affect or impinge upon
its ability to be let to Guests. The Account Holder also confirms that the Property complies
with all safety regulations related to letting it to Guests, including but not limited to The
Furniture & Furnishings (Fire) (Safety) (Amendment) Regulations 1993; The Gas Safety
(Installation & Use) Regulations 1998; The Electrical Equipment (Safety) Regulations 1994
and the Plugs and Sockets etc (Safety) Regulations 1994; and that any on-going checks to
maintain compliance with these safety regulations will be administered by the Account
Holder according to these regulations.
d) The Account Holder will notify the company of the property Availability Period after signing
this Agreement and on request by the Company; and will notify the Company of any
changes to the Availability Period.
e) The Account Holder gives the Company unrestricted access to the Account Holder’s
account with any or all Platforms required for the company to perform its duties under the
agreement. The Account Holder also gives the Company the right to alter any information
and/or settings in such online accounts. After the Company begins managing the property,
the Company will have sole access to the Account Holders account. The Account Holder can
monitor the Property through the Client Portal, and will regain access after the termination of
the Agreement.
f) The Account Holder will pay utilities, bills and council tax, ensure wireless broadband is
available and paid for, and pay to the Company the Fee and charges set out herein.
g) The Account Holder warrants and represents that performing the Services at the Property
will comply with all applicable laws and regulations, and that all approvals, consents and
permissions have been obtained for the letting of the Property on a short-let basis and as
necessary for performance of the Services, including from any landlord, agent, secured
lender or any legal body. Account Holder must provide on request from the Company written
evidence of such permission.
h) The Account Holder is responsible for ensuring all valuable and personal items are
removed from the property and the Company takes no responsibility for lost and damaged
items.
i) The Account Holder must have a Valid Payment Method active at all times whilst the
property is serviced by the company. If the Valid Payment Method is cancelled or fails, the
company will inform the Account Holder and allow the Account Holder 72 hours to reactivate
or change the Valid Payment Method. If the Valid Payment Method is not reactivated or
changed within this 72 hour period the Company will cease servicing the Property with full
and immediate effect and terminate this Agreement without further notice.
j) The Account Holder is held liable for all costs related to recovering outstanding invoices
and charges, these include debt collection agencies, legal fees, solicitors fees and others.
2.3 On-boarding
a) The Account Holder will allow the Company to install a key safe or a similar system to
facilitate remote Check-in.
b) The Account Holder will follow the necessary onboarding steps indicated by the Company
prior to the Company taking any bookings. Such steps include but are not limited to
completing a Host Checklist, providing the Company with directions, instructions or
information, which are requested and reasonably required to assist in the performance of the
Services; ensuring that the property is guest-ready, decluttered and reasonably cleaned and
providing to the Company three (3) sets of keys and/or entry fobs (where applicable) as
required to access the property.
c) The Account Holder will allow the Company (at the cost of the Account Holder, except
than where this is due to improper use by the Company, in which case the Company shall
bear the cost of such replacement) to replace the keys and/or fobs referred to in clause
2.3(b) above if they become lost, damaged, destroyed, or unsuitable for proper use. For the
avoidance of doubt, if keys and/or fobs are lost, damaged, destroyed or otherwise made
unsuitable for proper use, the Account Holder shall bear the costs of replacement.
2.4 Insurance
a) It is the Account Holder’s responsibility to ensure that the Property is and will remain fully
and effectively insured to its and their full value and that such insurance will cover all loss,
damage and injury of any nature caused by the Property or any part of the Property
sustained by a Guest or anyone in lawful occupation of the Property during the Booking.
b) In case the Company acts as intermediary between the Account Holder and a Third Party
Insurance provider, the Company is in no case liable for any of the liabilities that may arise
for the service provided or the obligations taken by the Third Party Insurance Provider and
the Account Holder in the context of insurance.
2.5 Platform’s Terms and Conditions
a) The Account Holder hereby authorises the Company to agree to and bind the Account
Holder on the Account Holder’s behalf to the terms and conditions of any Platform used by
the Company. The Account Holder hereby acknowledges and agrees that, notwithstanding
the Company providing the Services, the Account Holder is not relieved of their obligations
to perform under any Platform’s terms and conditions.
2.6 Subcontracting
The Company may subcontract the whole or any part of the Services to one or more third
parties, whether such third party is a franchisee, service provider or otherwise.
3 Fees and Expenses
3.1 The Account Holder is required to have a Valid Payment Method for the processing of all
fees not later than 5 days after the start of the Agreement. The company will invoice and
charge the fees, the Cleaning Fee (where applicable, as per clause 3.4) and any value
added tax due in respect of the fees or any part thereof and any expenses it has incurred on
behalf of the Account Holder by Valid Payment Method to the Account Holder’s bank account
fortnightly. The Account Holder warrants and represents that there are sufficient funds in the
Account Holder’s bank account to pay for all fees & charges payable under this Agreement.
3.2 The Account Holder shall pay all expenses reasonably incurred by the Company for
actions performed for the Account Holder outside the scope of the Services. The Company
will also apply additional fees for the services it performs for the Account Holder outside the
scope of the Services included in the fee. In the event of an emergency, the Company is
authorised to incur and be reimbursed by the Account Holder for such expenses as are
reasonable in the circumstances.
3.3 The Account Holder agrees to pay the Company the price of toiletries and supplies
provided to guests, being charged by the Company at cost.
3.4 In addition to the fee the Company may charge Guests additional fees for services, including but not limited to additional Cleaning Fees. These fees will be charged by the Company either directly to the Guest and or through the Account Holder account, in which case the Company will include these fees in the invoice to the Account Holder.
3.5 The Account Holder will pay a late payment fee of £50 if the Company is unable to take
payment from the Valid Payment Method. If any amount due remains unpaid, the Company
may charge additional administration costs and interest on the amount unpaid at the rate
that would be applicable if the debt were a qualifying debt under the Late Payment of
Commercial Debts (Interest) Act 1998.
3.6 The Account Holder is responsible for paying their tax liabilities to HM Revenue &
Customs or other relevant tax authority.
3.7 The Company will charge the Account Holder an Onboarding Fee. The Account Holder
agrees that Onboarding Fee is non-refundable upon termination of the contract.
3.8 Unless expressly stated otherwise, all amounts payable under this Agreement are
exclusive of VAT, including but not exclusively Cleaning Fee and Platform fees. If any
payment pursuant to this Agreement constitutes the whole or any part of the consideration
for a taxable or deemed taxable supply to recipient, the supplier shall increase that payment
by an amount equal to the VAT which is chargeable in respect of the taxable or deemed
taxable supply, provided that the recipient shall have delivered a valid VAT invoice in respect
of such VAT.
3.9 The Account Holder gives permission to the Company to make payments, act on the
Account Holder’s behalf and as the Account Holder agent with third parties and independent
contractors, such as but not limited to, cleaning, laundry, maintenance, repairs and suppliers
whose responsibility to pay would belong to the Account Holder but, within this Agreement,
are necessary to fulfil the Services. The Company will pass on the exact amount of each
cost and show the cost separately on the invoice.
3.10 The Company will charge the Account Holder the Fees as detailed in the individual
registration link or as otherwise agreed with the Account Holder in writing.
3.11 Depending on the particular policies and capabilities of the platform in question, Guests
may be required to pay additional fees by way of deposit. In these circumstances, the
Company shall be entitled to collect an amount as is required to cover such deposit from a
guest for bookings made via that particular platform.
4 Agreement Duration, Termination and Amendment
4.1 The Agreement begins on the Effective Date and will continue until the end of the Notice
period, after either party serves notice to terminate under the clauses below. 4.2 Either party
may terminate this Agreement by giving to the other a written notice with the minimum
Notice Period if:
4.2.1 the other party commits any other breach of any of the provisions of this Agreement
and, if the breach is capable of remedy, fails to remedy it within 28 days after being given
written notice giving full particulars of the breach and requiring it to be remedied;
4.2.2 where the other party is a company, a receiver is appointed, of any of the property or
assets of that other party;
4.2.3 the other Party makes any voluntary arrangement with its creditors or, being a
company, becomes subject to an administration order (within the meaning of the Insolvency
Act 1986);
4.2.4 the other party, being an individual or firm, has a bankruptcy order made against it or,
being a company, goes into liquidation (except for the purposes of bona fide amalgamation
or reconstruction and in such a manner that the company resulting therefrom effectively
agrees to be bound by or assume the obligations imposed on the other party under this
Agreement);
4.2.5 anything analogous to any of the foregoing under the law of any jurisdiction occurs in
relation to the other party; or
4.2.6 the other party ceases, or threatens to cease, to carry on business.
4.3 The right to terminate this Agreement given by Clause 5 will not prejudice any other right
or remedy of either party in respect of the breach concerned (if any) or any other breach.
4.4 If after the termination date any Bookings remain unfulfilled, then:
4.4.1 for any confirmed Booking from Airbnb and other Platforms, the Account Holder agrees
to pay the Company 50% of the Management Fee for each such Booking and all
cancellation fees, losses, costs and compensations that arise from cancellations.
4.5 The termination is not enforceable until the Account Holder pays the Company all
outstanding fees.
5 Exclusivity of Service
5.1 The Agreement is exclusive in respect of the Property.
5.2 During the term of this Agreement the Account Holder shall not engage any other person
or company to provide services similar to the Services in respect of the Property. By
appointing the Company, the Account Holder warrants and represents that the Account
Holder will not directly or indirectly circumvent the Company and that all Services will be
booked in accordance with the Agreement.
6 Limitation of Liability
6.1 Nothing in this agreement limits or excludes the Company’s liability for: death or personal
injury caused by its negligence; fraud or fraudulent misrepresentation; or breach of the terms
implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet
possession) or any other liability which cannot be limited or excluded by applicable law.
6.2 The Account Holder at all times retains control and primary responsibility for the upkeep
and maintenance of the Property and shall hold harmless the Company from any personal
injury or other claims by Guests against the Company arising out of or in connection with a
Booking.
6.3 The Account Holder retains full responsibility for any liabilities arising from ownership or
occupation of the Property, including but not limited to, Council Tax, building services
charges, Buildings Insurance, utility bills, responsibilities under the Housing Act 2004 and
other similar provisions to do with improvement and removal of risks and hazards from the
Property.
6.4 The Account Holder agrees that its remedies in the event of any damage to the Property
shall be in accordance with the terms and conditions of the Platform used by the Account
Holder or the Company to arrange the relevant Booking. The Account Holder hereby
releases the Company from any liability for any damage caused by a Guest.
6.5 Subject to clause 6.1, the Company shall not be liable to the Account Holder, whether in
contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under
or in connection with this Agreement for any loss of: profits; sales or business; agreements
or contracts; anticipated savings; damage to goodwill; home contents including keys; or any
indirect or consequential loss.
6.6 The Account Holder shall indemnify the Company 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 the Company arising out of or in connection with any claim made against the
Company by a Guest, Platform or website used when Providing the Services which arise to
the extent such claim arises out of the breach, negligent performance or failure or delay in
performance of this Agreement by the Account Holder.
6.7 Subject to clause 6.1, the Company shall not be liable to the Account Holder for any
losses (including for lost bookings) caused as a result of any technical outage experienced
by a Platform.
7 Non-Solicitation
The Account Holder shall not, without the prior written consent of the Company, at any time
from the date of this Agreement to the expiry of 12 months after the last date of supply of the
Services or termination of this Agreement (whichever is the latest), solicit or entice away
from the Company or employ or attempt to employ any person who is, or has been, engaged
as an employee, consultant or sub-contractor of the Company in the provision of the
Services.
8 General
8.1 This Agreement contains the whole agreement between the parties and supersedes all
prior discussions, arrangements or agreements that might have taken place in relation to its
subject matter. Nothing in this clause limits or excludes any liability for fraud or fraudulent
misrepresentation.
8.2 The company may change the terms of the Agreement from time to time to reflect the
change in the level of service or market conditions. The Company will give the Account
Holder at least three weeks notice of the change and will send the Account Holder updated
Terms of Agreement. If the Account Holder continues to use the service of the Company
after the change notice period, the Account Holder agrees to be bound by the updated terms
and conditions. Other than changes to the terms dictated in this way by the Company, no
other variation of the Agreement will be valid or binding.
8.3 Other than as expressly stated otherwise in this Agreement, the Contracts (Rights of
Third Parties) Act 1999 does not apply to the Agreement and no third party has any right to
enforce or rely on any provision of the Agreement. For the avoidance of doubt, any
subcontractor (whether a franchisee, service-provider or otherwise) appointed the Company
to deliver the Services from time to time shall have the right to enforce the terms of this
Agreement.
8.4 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or
remedy will be deemed a waiver of that, or any other, right or remedy.
8.5 A provision which by its intent or terms is meant to survive the termination of the
Agreement will do so.
8.6 If any court or competent authority finds that any provision (or part) of the Agreement is
invalid, illegal or unenforceable, that provision or part-provision will, to the extent required,
be modified to the minimum extent necessary to make it valid, legal and enforceable. If such
modification is not possible, the relevant provision or part-provision shall be deemed deleted.
Any modification to or deletion of a provision or part-provision under this clause shall not
affect the validity and enforceability of the rest of this Agreement.
8.7 Unless specifically provided by the parties, nothing in the Agreement will establish any
employment relationship, partnership or joint venture between the parties, nor does the
Agreement authorise any party to enter into any commitments for or on behalf of the other
party.
8.8 Any notice (other than in legal proceedings) to be delivered under the Agreement must
be in writing and delivered by pre-paid first class post to or left by hand delivery at the other
party’s registered address or place of business, or sent by email to the other party’s main
business email address as notified to the sending party. Notices:
8.8.1 sent by post will be deemed to have been received, where posted from and to
addresses in the United Kingdom, on the second Working Day and, where posted from or to
addresses outside the United Kingdom, on the tenth Working Day following the date of
posting;
8.8.2 delivered by hand will be deemed to have been received at the time the notice is left at
the proper address; and
8.8.3 sent by email will be deemed to have been received on the next Working Day after
sending.
8.9 Neither party shall be in breach of this Agreement nor liable for delay in performing, or
failure to perform, any of its obligations under this Agreement if such delay or failure results
from events, circumstances or causes beyond its reasonable control. If the period of delay or
non-performance continues for 90 days the party not affected may terminate this agreement
by giving 5 Working Days’ written notice to the affected party.
8.10 Governing Law: This Agreement will be governed by and interpreted in accordance with
the law of England and Wales. All disputes and claims arising under the Agreement
(including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of
the courts of England and Wales.
8.11 Data Protection: Each party agrees that it will ensure that in handling any personal data
it receives it will comply in full with all of the requirements of the General Data Protection
Regulation (GDPR) and Data Protection Act 2018 including in each case appointing a Data
Controller and any other post required by the said Act.
9 Platforms other than Airbnb
9.1 The parties agree that, if the Company provides Services in Platforms other than Airbnb,
due to the nature, complexity and extra resources required to advertise and manage the
property on those Platforms, the conditions and fees of the Services provided for each
Platform may vary and differ from the conditions of the Services provided on the Airbnb
Platform.
9.2 The Company may choose to list and advertise the property on Platforms designed for
medium-term letting (designed to secure Bookings of one calendar month or more in length)
at a monthly rate equivalent to the monthly long-let market value of the Property in order to
secure Bookings of longer time frame for the Account Holder. The Company may confirm
with the Account Holder about these bookings on a case by case basis.
10. JURISDICTION
This Agreement will be construed in accordance with and governed by the laws of England and the Parties submit to the exclusive jurisdiction of the English Courts.
Last Updated 1st July 2022
