Please download here: Coming soon.
The following (the “Agency Terms”) constitutes the terms upon which GTS Events Ltd trading as the Open Championship Accommodation Bureau (“OCAB”) will act as an agent in marketing the owner’s property (“the Owner” and “the Property”) for letting during the period of an Event (the “Event”). The Owner must sign and return these terms and conditions before OCAB commences any marketing of the Property:
1. The Owner shall make the Property available for the tenancy (“the Tenancy”) on the basis of a furnished holiday letting from 12:00 noon on the Saturday prior to the start of the Event until 12:00 noon on the Monday following the end of the Event. The exact dates of each Tenancy will be as set out in the tenancy agreement between the Owner and the Tenant (the “Tenancy Agreement”).
2. The price payable to the Owner by the Tenant for the Tenancy (the “Rental Fee”) will be established in advance between OCAB and the Owner. OCAB shall collect this sum from the Tenant on the Owner’s behalf as the Owner’s agent, as well as a security deposit of a sum equal to 25% of the Rental Fee (the “Security Deposit”). The Tenant shall be required to pay the total fees due as set out below:
a) the Security Deposit must be paid on booking;
b) the Rental Fee must be paid no later than the date falling 60 days before the start of the Event (or at the time of booking, where the booking is made less than 60 days before the start of the Event).
3. Provided that:
a) the Owner has complied with these Agency Terms; and
b) the Tenant has paid the Rental Fee and Security Deposit to OCAB in full, then OCAB shall pay the Rental Fee to the Owner as follows, having first deducted OCAB’s fees (being 12% of the Rental Fee) plus VAT:
c) 80% to be paid prior to the start of the Event; and
d) 20% (less any sums that OCAB has used to make emergency repairs, as described in clause 17) to be paid as specified in clause 7.
4. OCAB shall retain the Security Deposit on the Owner’s behalf. OCAB shall return the Security Deposit to the Tenant, less any amounts that are required in order to repair any damage or loss caused by the Tenant and to cover any excluded items, as described in clause 7 , in accordance with the terms of the Tenancy Agreement. OCAB shall not be liable for any damage, losses or costs caused by or due from the Tenant which are in excess of those covered by the Security Deposit.
5. The Tenancy will be governed by the terms of the Tenancy Agreement between the Owner and the Tenant.
6. If the Tenant does not pay all fees on the due date, then OCAB (on the Owner’s behalf) shall be entitled to cancel the booking and retain the Security Deposit paid by the Tenant (which shall be paid by OCAB to the Owner, less OCAB’s fees (being 12% of the Security Deposit) plus VAT).
7. The Owner acknowledges and agrees that the Tenancy Agreement sets out a list of items which are included in the Rental Fee and those which must be paid for by the Tenant (for example, the cost of telephone calls and media downloads). The Owner shall calculate what extra charges the Tenant has accrued as well as the sums that the Owner considers (acting reasonably) should be deducted from the Security Deposit to cover any damage caused by the Tenant, and provide to the Tenant a fully itemised statement no later than 14 days after the end of the Tenancy. If the Tenant disputes the accuracy of the itemised bill, this shall be resolved directly between the Owner and Tenant. Following receipt of a countersigned copy of the statement from the Tenant, OCAB shall send the amount specified in the statement to the Owner and return the remainder to the Tenant. OCAB shall not be liable to pay to the Owner any sums due from the Tenant which are in excess of Security Deposit (less any other deductions made). At the same time as processing payment of the Security Deposit as described above, OCAB shall pay to the Owner the remaining 20% of the Rental Fee as described in clause 3(d).
8. The Tenant may cancel the Tenancy more than 60 days before the Event, in which case OCAB shall pay the Security Deposit to the Owner, less OCAB’s administrative fees (being 12% of the Security Deposit) plus VAT.
9. OCAB shall ascertain the identity of the proposed named Tenant prior to the Tenancy and will obtain the Owner’s approval prior to the tenancy. OCAB will not however be obliged to obtain references or any other information regarding the Tenant or the other guests staying at the Property and will only do so by prior arrangement with the Owner and subject to an additional fee.
10. OCAB recommends that the Owner prepares an inventory before the start of the Tenancy and presents this to the Tenant on his/her arrival, in order to verify any loss or damages that may be claimed through retention of the Security Deposit.
11. OCAB shall not under any circumstances be liable for the actions of or for any loss or damage caused by the Tenant or by any guests staying at the Property during the Tenancy.
12. The Owner shall be fully responsible for the condition of the Property together with the maintenance and proper functioning of all items of equipment, furniture etc on the Property during the Tenancy. If the Tenant has any complaints or claims relating to the Tenancy and the standard of any amenities provided at the Property this will be the responsibility of the Owner.
13. The Owner guarantees availability of the Property to the Tenant during the period of the Tenancy and hereby indemnifies OCAB in respect of any claim against OCAB arising as a result of the Owner’s failure to do so. The Owner shall only be entitled to cancel the Tenancy where it is prevented from performing its obligations under the Tenancy Agreement due to events beyond its control (including without limitation fire, storm, war, death or incapacity of the Owner or a member of his/ her household). Where the Owner cancels in accordance with this term, it shall refund any and all fees paid by the Tenant, and shall indemnify OCAB in respect of any claim against OCAB in relation to such cancellation.
14. Prior to marketing the Property OCAB will require certain information regarding the Property which will be included in the relevant marketing material, as well as a copy of a current Gas Safety Certificate in relation to the Property. The Owner agrees to provide such information and warrants that all such information provided to OCAB will be accurate and will notify OCAB promptly of any changes to it. OCAB will not be liable for any claim from the Tenant arising as a result of any inaccurate information relating to the Property which has been provided by the Owner.
15. The Owner shall ensure that prior to the start of the
a) the Property is absolutely clean and tidy, and otherwise presented in accordance with the Landlord’s Pack (provided by OCAB). Unless otherwise agreed, the Owner shall not be obliged to carry out any cleaning during the Tenancy;
b) it has notified its buildings and contents insurer of the Tenancy in writing and has provided a copy of the relevant notice to OCAB; and
c) it has provided to OCAB details of the location of the keys to the Property, as well as any emergency contact details (if these are different from the Owner’s details).
16. The Owner shall ensure that it has and maintains the following insurance policies for the duration of the Tenancy, and provides a copy of the relevant polices to OCAB on OCAB’s request:
a) Buildings and contents;
b) Public liability to a value of £2,000,000.
17. If emergency repairs or replacements are required at the Property during the Tenancy and OCAB is unable to contact the Owner, OCAB may (but is not obliged to) arrange for the repairs or replacements to be made and shall retain the costs of this from the 20% of the Rental Fee that OCAB holds. The Owner shall indemnify OCAB for the costs of any such repairs or replacements which are in excess of the amount of Rental Fee held by OCAB at the relevant time.
18. The Owner shall ensure that the Property complies with all relevant laws, regulations and standards (including, without limitation, those relating to electricity, gas installations and furnishings) and that the appropriate regulatory measures are complied with in relation to the provision of fire extinguishers and smoke alarms. The Owner should contact OCAB without delay if it requires any further clarification on these requirements in relation to the Tenancy.
19. For the avoidance of doubt the arrangements set out above do not constitute any obligation on the part of OCAB to source a Tenant for the period of the Event at the Property.
20. The Owner confirms his legal entitlement to enter into this agreement and to grant a Tenancy at the Property.
21. Nothing in these Agency Terms shall be deemed to limit or exclude OCAB’s liability for death, personal injury, fraud, fraudulent misrepresentation, or for any other liability that may not be limited or excluded by law.
22. These Agency Terms shall be interpreted in accordance with English Law. The English courts shall have exclusive jurisdiction in hearing any claims in relation to these Agency Terms.