Terms & Conditions

Contract and Status

This Agreement is between the homeowner (“you”) of one or more properties each as separately described in the Listing Particulars (each a “Property”) and us, Ferrers LLC (company registered in New York with number 45-5090550) with respect to services in New York, Ferrers CA LLC (company registered in Delaware with number 37-1740638) with respect to services for homeowners in Los Angeles and Ferrers Galleries LLC (company registered in Delaware with number 30-0835565) for all other US locations operating under the name onefinestay (“we” or “us”).

Through our website (the "Website"), we provide a service where you are able to form binding agreements between you and members of the public (“Guests”) to allow such Guests to use the Property pursant to short-term license to occupy (each a "Booking"). You will contract directly with a Guest for each Booking and you must comply with the terms of that agreement which will be in a standard form (varied in form by us from time to time) (known as the “Accommodation Agreement”). A copy of the current Accommodation Agreement is maintained online at http://www.onefinestay.com/us-accommodation-agreement/. You agree that any booking which is made through us will be made on the terms of such Accommodation Agreement which is a binding contract between you and the Guest for a license to occupy the Property on the agreed dates.

You represent and agree that, as the homeowner, you own the Property or are duly authorized to arrange for use and occupancy of the Property by way of license to occupy (as principal and not as agent) and to enter into both this Agreement and agreements with Guests for the use of the Property by way of license to occupy.

These Terms and Conditions will apply to all arrangements between you and us until either party terminates this Agreement in accordance with clause 7. Following termination these terms will continue to apply until such time as all pending bookings and financial arrangements have been settled. Please note that these terms and conditions will apply if you terminate the marketing of this Property and engage us to market another Property or if we secure a one-off license to occupy of the Property.

Appointment and Exclusivity

You appoint us (including any onefinestay group company nominated by us) to identify people to use your Property on a licence to occupy basis. Unless otherwise agreed you agree to the Website being the only service you use for this purpose. You must inform us immediately if the Property is marketed by you or any third party for sale or for other short or long-term licenses or leases.

We are entitled to negotiate on your behalf to conclude contracts during the agreed occupancy period set out in the Listing Particulars and as further agreed between you and us from time to time.

Our Services

In order for us to help find Guests for your Property you may need to pay our costs associated with listing including, but not limited to, our listing fee, photography costs, direct and third party costs relating to and arising from the initial inspection, any remedial work carried on your behalf, costs for cutting keys and any remedial work to allow you to comply with health and safety and any associated handling costs (as outlined in Clause 3.4) unless, at our sole discretion, we agree to waive any such fees or collect such fees from the rental income we collect on your behalf. We will inform you of all such costs as they arise and will provide an itemized statement of any such costs on an on-going basis and any such costs and/or fees are payable to us on demand.

We are authorized to access and look after the Property during any occupancy period (and during any period in which the Property is available for occupancy by guests) and, if necessary, we will be entitled to engage tradespeople such as plumbers and electricians on your behalf as set out below.

Prior to marketing we will also consult with you to agree among other things, on any particular rules for the Property (“House Rules”), and any initial special instructions (such as which drawers or cupboards will be secured and the condition in which we would expect the Property to be left prior to a guest occupancy). The House Rules as well as the special instructions may change from time to time. We will take reasonable steps to ensure that our staff and contractors as well as any Guests using the Property obey any House Rules to which we have agreed with you, but are not liable for any breach of the House Rules by those parties.

Before any occupancy of the Property by any guest you will be responsible for ensuring that the Property is tidy and sufficiently clean and complies with all relevant health & safety regulations or requirements (“Regulations”). If you then request us to do so we will assist in arranging for plumbers, electricians or other third parties to visit the Property and carry out any necessary inspections or remedial work. If, prior to commencement of a booking the Property is not tidy or sufficiently clean then we may also arrange for tidying and additional cleaning beyond that which we routinely provide.

If we engage any third parties in accordance with our Damages Policy, then we are authorized to pay those third parties on your behalf and charge you for the costs of that work together with a reasonable handling fee. This will be payable in advance or, at our sole discretion and may be deducted from the license fees which we collect on your behalf. Please note that in the event that this Agreement or our marketing of the Property is terminated while any sums are outstanding then all such sums must be paid in full (see below). A copy of the current Damage and Maintenance Policy is maintained online at: http://www.onefinestay.com/us-damage-maintenance-policy/.

We require a minimum of five sets of keys on commencement of the listing of the Property. If necessary and with your authority we may arrange to obtain these ourselves by way of having copies made of a single set of keys provided by you or you may arrange for this yourself. You authorize us to enter the Property for the purposes of providing all services necessary to assist you in preparing the property for use by guests, identifying potential guests and any bookings (which may require entering the Property prior to, during and after a booking). If we are seeking to enter the Property during a period where you have told us you are residing at the property, then we will provide you with reasonable notice.

We will assist you in offering the Property through channels which we determine, which we may at our sole discretion include listing on our website and by displaying details of your Property on 3rd party websites and in other media, but we are under no obligation to list any Property on any particular website or in other media or to secure any bookings in respect of the Property. At our sole discretion we may offer you additional opportunities for promotional marketing, which may be offered at an additional cost where appropriate.

During a stay we will provide certain services on your behalf to help Guests with their stay. This may include meeting them at the Property and providing them with certain items to enhance their stay. You agree that any damage to or loss of an item provided to a Guest for the duration of their stay will be your responsibility and will be recoverable and deductible by us from the deposit paid by the Guest on arrival at the Property.

Booking Procedure

We will provide you with an online system through the Website where you can select the dates on which the Property will and will not be available for bookings. We can update the online availability schedule on your behalf at your written request. From time to time we may send you reminders by email to update the availability schedule for the Property but it is your sole responsibility to maintain your online availability and keep it up to date. You will be able to select to make the Property “available” or “blocked” (not available), or with our consent you may indicate that it is “available on request”. We will assume (unless you inform us that the Property is “blocked” or “available”) that there is “no information” for the Property but we may still contact you regarding bookings in relation to these periods and such enquiries will be subject to your right to decline a booking under clause 4.2 except if we have withdrawn consent for the use of “available on request” status in which case the Property will be marked as “blocked”.

Unless you have told us that the Property is “blocked”, “available”, or we have agreed a fixed or minimum income period with you (in which case we will be entitled to accept a booking in that period without further reference to you and the property will be deemed to be “available” during this time), or unless at our absolute discretion we withdraw consent for the use of “available on request” status, then the property will be deemed to be “available on request”. Consequently, we will notify you by email, or text once we receive an application for a booking from a proposed Guest. You will then have 12 hours in which to inform us by email, text or via our online service (where possible) only (and clause 12.14 will not apply to acceptance of a booking) that you do not wish to accept the booking. If you confirm acceptance of the booking then we will be entitled to accept the booking on your behalf and we will confirm the booking with the Guest.

If we accept a booking for a period in which you have confirmed that the Property is available then you will be obliged to proceed. If you seek to terminate a booking then you will be liable to the Guest for the incremental costs of cancellation or alternative accommodation. In particular, part of the contract we negotiate on your behalf with the Guest will provide for appropriate alternative accommodation in the event of cancellation by you. If there is any surplus to pay as a result of your cancellation then this will be your responsibility. If we have agreed a fixed income guarantee with you then for any period in which we have agreed to pay you a fixed or minimum income the Property must be available for booking at any time (and we will not be obliged to notify you of a booking).

If there are any particular dates you wish to block out and on which you would like us to refuse any booking then you must let us know as soon as possible by amending the availability schedule for the Property online. You will not be entitled to block out any dates once a booking has been made in accordance with this clause.

Fees and Commission

We will suggest an achievable license fee for the Property based on the Property’s location, condition, the time of year, the length of the booking and other relevant factors. We will confirm the method for charging this fee with you.

We will collect all license fees on your behalf from the Guest. You authorize us to issue invoices to Guests on your behalf.

We will account to you on a periodic basis no later than the 15th of the month following a booking for the license fees which are payable to you after deducting our commission, applicable taxes and any outstanding out-of-pocket costs or disbursements we have incurred.

Your fee and commission structure will be set out in your Listing Particulars or as otherwise agreed. Unless otherwise agreed this will be a fixed fee for a period during which a Property may be rented and the amount you receive will be a proportion of the fixed fee equal to the number of nights during the period during which the Property is occupied by a Guest divided by the total number of nights during the period.

Please note that any fee scheme offered to you does not amount to a license or letting by you to us of the Property.

All of our fee arrangements are subject to deductions for any amounts you may owe to us in respect of our services and we will be authorized to deduct from your license fees, any set-offs or disbursements such as exceptional cleaning fees, emergency repairs, additional requested promotional marketing or other fees which have not been paid and any third party costs or costs of compliance which we have settled on your behalf.

You authorize us to negotiate discounts, extra nights and rebates, and to deal with any complaints on your behalf which may involve refunding fees to the Guest in respect of accommodation services. In the event that fees are refunded to a Guest then both your license fees and our commission will be reduced by a proportionate amount (save where the refund arises as a result of any wilfull or negligent act or omission on your part).

We may propose alternative fee and commission arrangements to apply during particular calendar periods. Any such Special Arrangements will be communicated by us in writing and will clearly bear the title “Special Arrangements” or words to that effect. If we do not hear back from you within 7 days, we shall regard the proposed arrangements as agreed.

During any period when the Property is listed, we reserve the right to charge you a listing fee (as may be communicated to you in writing from time to time) which we may deduct from any amounts which are or may become due to you.

Homeowner Obligations

As a Homeowner of a Property letting to a third party as a business you are under various obligations with respect to health and safety.

We have provided guidelines for you which explain what you need to do to make your Property safe. We will provide reasonable assistance with this however, you are responsible for ensuring such compliance. In particular you are responsible for compliance with any regulations which require that:

• gas appliances are properly and regularly maintained,
• furniture is appropriately fire retardant,
• electrical appliances and outlets are safe,
• smoke and carbon monoxide alarms are installed,
• window guards are provided if required by local law; and
• the Property is safe and fit for occupation generally.

You acknowledge that we are not qualified to provide advice on health and safety or fire risk matters. It is your responsibility to ensure that the Property complies with any requirements. Our maintenance policy and services will extend to the utility and aesthetics of the Property but we will not be responsible for resolving health and safety or fire hazards unless these are obvious to our staff and fall within our maintenance policy (as supplied to you by us from time to time). We accept liability for damage to the Property and contents to the extent that such damage is directly caused by us or a Guest, provided that such damage is recoverable under our insurance policy. We recommend that you check your existing insurance to ensure that it covers your personal liability including your liability to a Guest as this is not covered by our policy. Our insurance will not cover any prosecution or fine imposed if you fail to comply with your obligations under any Regulations. You may be liable for a fine or for more serious penalties if you fail to comply with these obligations.

In addition to your requirements under clause 6.3 and for the avoidance of doubt, you acknowledge that you are responsible for the condition, safety and compliance with all laws, ordinances, rules and regulations applicable to pools, spas and recreational equipment (including but not limited to, trampolines, jungle gyms and swing sets) in, at or about your Property. You will also maintain any pool, spa and recreational equipment in a safe condition and will comply with all manufacturer’s installation, use and maintenance rules, requirements and guidelines. You will also take all reasonable safety precautions to avoid injury and damage to Guests in relation to any recreational facility.

If you have any concerns about any regulations relating to fire or health and safety then please let us know and we will introduce you to a third party partner organization qualified to inspect your Property in order to advise about fire risks, health and safety and any remedial work which needs to be undertaken. If we incur related costs we will either charge you for these in advance or (at our sole discretion) deduct such costs from your license fees.

You may also be liable to a Guest for any damage or loss that they may suffer during a stay. In relation to this, we may, from time to time, provide you with policies or guidance about the nature and extent of such loss, damage or liability which will be binding upon you. We will notify you of the existence of such policies or guidance. A copy of the current Damage and Maintenance Policy is maintained online at http://www.onefinestay.com/us-damage-maintenance-policy/.

You also warrant that you own the Property or that you are authorized to arrange for use and occupancy of the Property by Guests. If you are in any doubt you should check the terms of your lease, mortgage deed and/or title and any condominium rules or other governing documents relating to your property to ensure that you are able to provide short term holiday use and occupancy by third parties.

As a Homeowner, you are required to ensure that you let us know of any types of surveillance device inside your Property even if it’s not turned on. We will list this info in the Home Truths. You must ensure all interior recording devices are turned off before any booking. Failure to disclose any interior recording device, which is later reported by a guest or failure to turn off any interior devices will lead to host charges.

Termination

Either party may terminate this Agreement at any time. If you terminate this Agreement, you agree to honor any outstanding Bookings. If there are outstanding Bookings at the date of termination then we will not accept any new bookings for the Property but the contract will continue in respect of those existing Bookings (subject to clause 8).

In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us then you must pay all outstanding fees or charges to us immediately without set-off or deduction.

We will be entitled to terminate this Agreement immediately if:

• you are in material breach of any of the terms of this Agreement; or
• you do anything to put our goodwill or reputation at risk; or
• you refuse to allow a booking to proceed after a booking has been made in accordance with this Agreement (in addition to our rights under clause 8); or
• you refuse to cooperate with us in respect of this Agreement.

If any bookings are outstanding on termination by us under this clause then clause 8 will apply.

In the event of termination the terms of this Agreement will continue in full force, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to fees, commission and expenses, liability and damage).

Cancellation or Refusal of Booking by You

In the event that:

1. this Agreement is terminated by you and existing bookings cannot proceed under clause 7.1 (e.g. because you sell the Property); or
2. this Agreement is terminated by us under clause 7.3 while there are existing bookings; or
3. you refuse to allow any booking which has been made in accordance with this Agreement to proceed,

then you will be fully liable to us (under the terms of this Agreement) and to the Guest (under the license agreement) for all associated costs, charges, damage and liability which we or the Guest incur, including the cost of supplying the Guest with appropriate alternative accommodation (of at least 4 star quality). You agree to indemnify us on a continuing basis in respect of any such cancelled booking. We may, from time to time, adopt policies and guidance in relation to cancellations that will be binding upon you and will notify you of the existence of such policies. Current guidance on homeowner charges is maintained online at http://www.onefinestay.com/us-guidance-on-host-charges/.

In the event that a Guest cancels prior to arrival, we will (at our sole discretion) determine the cancellation terms that apply and the Property must remain available for further bookings. If you remove available dates from your calendar, onefinestay will withhold payment for the canceled booking in full. You will then (provided that the cancellation does not arise from your negligent or wilful act or omission) receive the same proportion of funds we have retained from the Guest as the proportion of total fees you would have received had the booking proceeded as normal.

Our Liability to You

Other than in the circumstances covered by clause 11.1, we will not be liable to you in the event of a claim by a Guest against you unless and then solely to the extent that the claim directly arises from our willful misconduct or negligence.

We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of the services we provide to you (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilfull concealment or theft.

We accept liability for damage to the Property and damage, loss and theft of the contents of the Property solely in accordance with clause 6.3, this clause 9 and clause 11. We will not be liable for any Property loss or damage, or any loss, theft or damage to contents which is caused by a Guest and is not recovered under our insurance policy, nor are we liable for the amount of any insurance excess or to the extent that any policy limitations or exclusions apply. We also reserve the right to discontinue insurance covering loss or damage to the Property or contents by notifying you by email (in which event we will no longer be liable for any such losses). We may also, at any time, change the terms of any insurance which covers damage to the Property or contents (including changes to the exclusions, limitations or underwriter of such insurance) in which event we will notify you in writing. Please refer to clause 11. You are entitled to obtain additional cover at your own expense. If we change the terms of any insurance and you have outstanding bookings scheduled you are entitled to obtain your own insurance at your own cost.

Our liability to you for all losses not subject to clause 9.3 above is capped at the level of commission paid by you to us in any period of one year.

Nothing in this Agreement limits or excludes our liability for death or personal injury arising as a result of our negligence.

Given that you are entitled to obtain additional insurance in respect of damage to the Property and given that we are unable to ascertain in advance the level of any other losses you might suffer, you accept that the limitations on our liability set out above are reasonable.

Your Liability

You will be liable to us and to any Guest who may suffer or incur any loss or damage in respect of any breach by you of the terms of this Agreement or any Accommodation Agreement.

You will be liable to the Guest for the safety of the Property and for ensuring that the Property is both available on the dates which have been booked and is in the condition as listed on our website.

In the event of an issue, complaint or dispute with a Guest relating to a breach of clauses 10.1 or 10.2, you shall use your best endeavors to resolve such dispute and we (or any group company we may nominate) shall be entitled to mediate and negotiate on your behalf in relation to the dispute.

We (or any group company we may nominate) may determine in our absolute discretion (at all times acting reasonably) the settlement or payment by you of remuneration as may be necessary to compensate a Guest for any loss or damage suffered or incurred from a breach of clauses 10.1 and 10.2 and/or in accordance with a mediation or negotiation pursuant to clause 10.3.

Insurance and Property Damage

If as a result of a Guest booking you suffer damage to the Property or loss, theft or damage to Property contents and that loss or damage is directly caused by a Guest staying at the Property under an agreement we have negotiated and this sum is not recovered from the Guest, then we will accept liability for such loss or damage, but solely up to the limits of this Agreement and our insurance policies and subject to any exclusions under our insurance policies. We may, from time to time, adopt policies or guidance relating to damages and the liability for damages, which will be binding on you. We will notify you of the existence of such policies or guidance.

If as a result of a wilfull or negligent act or omission on our part you suffer damage to the Property or loss, theft or damage to Property contents then we accept liability for such loss or damage (but subject to clauses 9.2 and 9.4).

In the event of a claim for Property damage or for theft, loss or damage to Property contents, you must inform us as soon as you become aware of a claim.

If required, we can provide a (non-exhaustive) summary of cover, exclusions and limitations under our insurance policy.

We will generally (but not necessarily in every case) obtain a card pre-authorisation of $1,500 from your Guest by way of credit or debit card charge. If damage to the Property or contents is directly caused by a Guest and the liability of the Guest is admitted or clear (and the charge has not subsequently been released), then we will take steps to recover the first $1,500 of any claim for damage from the Guest.

Once you have notified us of a claim, and in the event that the full amount of the claim cannot be recovered from a Guest, we will in turn make a claim under our insurance policy unless we reasonably believe that such claim has no reasonable prospect of success or is commercially not feasible. You will not be entitled to any payment (save at our absolute discretion) until such time as our claim has been determined by our insurers. If we receive payment from our insurers in respect of the claim then we will pass that payment on to you after deducting any amounts which may be owed to us.

Please note that the amount you receive in the event of a claim will be subject to deduction of an excess (which we will not refund) and will be subject to other limitations and exclusions. However where a Guest is at fault for any loss or damage we will seek to recover the first $1,500 of any claim from the Guest on your behalf in accordance with clause 11.5.

Nothing in this clause 11 will amount to any assumption by us of any proprietary interest in the Property or any contents of the Property; we remain at all times a contractor and not an owner, licensee or lessor of any property.

General

You agree that you have the power to enter into this Agreement, that you own or are authorized to list and permit the use and occupancy of the Property by guests as principal and that the Property is not subject to any third party rights which might affect your ability to do so.

By entering into this Agreement you also agree to our website terms of use and our privacy policy both of which are available on our website.

You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to us against any amounts that we may owe to you.

We may use group companies, employees or self-employed contractors and we shall have discretion as to which of our employees or subcontractors are assigned to perform any services we provide to you.

This Agreement is personal to you and may not be assigned. If you sell the Property you may not transfer this Agreement to the purchaser except with our express written consent.

We will be entitled to assign or sub-contract our obligations under this Agreement.

We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as severe weather, a natural disaster, strikes, governmental action, terrorism, war and civil unrest.

You agree that we may pass information about you to companies in our group to assist us and/or other parties in fulfilling the terms of this Agreement. This information will include contact details and information about work undertaken for you. We may also use your information for our own marketing purposes. You may choose to opt out of this in accordance with our privacy policy and cookies policy.

Save in the case of fraud these terms as completed and supplemented by the Listing Particulars and any written correspondence between you and us from time to time in respect of Special Arrangements represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.

The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.

These terms shall be governed by and construed in accordance with the internal laws of the state in which the subject Property is located, without regard to conflict of laws and rules and shall be deemed to have been made in such state.

If you breach these Terms and Conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

We may revise these Terms and Conditions from time to time, and will always post the most current version on our website. If a revision materially affects your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use our services after the revisions come into effect, you agree to be bound by the revised Terms and Conditions.

Any notice under this Agreement (with the exception of a notice of termination served by you or a rejection of a booking) may be served by letter, email or, by directly entering information into a specially designed area of our website. A notice of termination may be served by you either by registered post to our registered office (details available on our website) or by email. A notice of termination which is sent to us by email shall not be effective until it has been acknowledged by us (and any ‘out of office’ or autoreply shall not amount to an acknowledgement for the purposes of this clause). A rejection of a booking may only be made by text or email to the number and email address specified in the notice of booking.