Company details: SUPERHOST PLUS 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.
1.1 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.
2.1 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 legislation and 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; The Plugs and Sockets etc. (Safety) Regulations 1994; The Regulatory Reform (Fire Safety) Order 2005; The Fire Safety Act 2021; Fire Safety (England) Regulations 2022; The Building Safety Act 2022. The account holder will also ensure that Fire Risk Assessments will be recorded and regularly updated. Any on-going checks to maintain compliance with all current and future safety regulations and legislation will be administered by the Account Holder according to all regulations and legislation.
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.
3.1 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.
4.1 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.
5.1 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.
6.1 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.
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.
8.1 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.
9.1 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.
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 20 November 2023