Occupation Agreement

This Agreement is dated and arranged by Holiday Trust t/a BNB Travel™ (the “Host”) and is made between you, the Guest, and the Host directly. This is a license to occupy the Accommodation during the period set out below and the Guests have not been granted exclusive possession of the Property. 

You should read this Agreement carefully and only sign this Agreement if you wish to be bound by the Agreement in its entirety.

1. AGREEMENT

1.1 The Agreement sets out the terms on which we provide you with managed services in respect of your Property. By entering into the Agreement you also agree to our Website Terms which you can find at www.bnb-travel.com Your ongoing instruction of us signifies your continued acceptance of the terms of the Agreement. It is important that you read the Agreement carefully before accepting it.

1.2 To the extent this Agreement is signed by an agent of the Guest, it is deemed to also bound the Guest named above, and the Guest has expressly agreed to the terms in this Agreement.

1.3 In consideration of the monies paid by the Guest, the Host permits the Guest to stay in the Property subject to the terms of this Agreement.

1.4 The Guest agrees that BNB Travel may pass on certain information to the Host in connection with the Booking if this is required.

2. LICENSE

2.1 This license permits the Guest to stay at the Property and permits the Guest to access the Property through any common areas of any building of which it forms part for the period from the Booking Start Date to the Booking End Date and for any extension we agree.

2.2 This permission is conditional on prompt payment of a fee and subject to appropriate behavior on the part of the Guest.

2.3 Permission can be withdrawn on very limited notice and does not create any form of legal interest in the Property, any building of which it forms part or other premises.

2.4 Nothing in this document or any other agreement creates a tenancy in respect of the Property or any other premises, and the Guest has no right to exclusive possession of the Property.

2.5 The Property is home and as such may contain personal possessions; these remain the property of the Host and any removal of these possessions may be treated as theft.

2.6 The License is personal to the individual named as the Guest above and it cannot be assigned or transferred to any other party and no other person is authorized to stay at the Property.


3. GUEST ACCESS

3.1 To protect the Host’s interest in the Property, the Guest agrees to verify their identity (ID) in advance of the stay and the Guest agrees to submit a photographic ID.

3.2 The Host or BNB Travel™, acting as the Host’s Agent, may pass the Guest’s details to a third-party provider to carry out ID verification, and other checks.

3.3 No access to the Property can be given if the ID verification has not been satisfactorily completed (such determination to be at the Host’s or Our Holiday’s sole discretion).


4.SECURITY GUARANTEE AND DAMAGE

4.1 The Guest acknowledges that they are liable for all damage caused to the Property during their stay.

4.2 The Guest agrees to compensate the Host for any losses they might suffer due to damage to the Property, any of its fixtures or fittings, or due to any nuisance or annoyance caused to any occupier of a neighboring premises, which occurs as a result of any failure by the Guest to report any required repair to the Host or Our Holiday promptly, or any failure to take reasonable action to minimize the effects of any issue and prevent the problem becoming more serious.

4.3 If the Host, BNB Travel, or our third party, cannot get the comfort required, we may take a Security Deposit of $1,000 to be returned after 30 days from checkout subject to satisfactory check-out inspection.

4.4 The Guest acknowledges that these losses may be greater than the Security Deposit or Guarantee and agrees they will be liable for the full amount.

4.5 If the Guest does not report a required repair to the Host or BNB Travel™, and it only becomes obvious after the Guest has left the Property, then the Host shall be entitled to assume that the damage has been caused by the Guest’s negligence or carelessness and charge the Guest accordingly.

5. GUEST OBLIGATIONS

5.1 All the obligations under this license are those of the Guest or any other person the Guest allows to enter the Property, whether the Host or BNB Travel™ have been notified of that person’s attendance or not.

5.2 The Guest takes full responsibility for the behavior of any person they have permitted to enter the Property.

5.3 No legal rights are granted to the Guest or any other party in respect of the Property, any building of which it forms part or any other premises.

5.4 All obligations on the Guest in respect of the Property apply equally in relation to any building of which the Property forms part and in relation to any access, parking, or right of way associated with the Property

6. USE

6.1 The Guest agrees to use the Property for residential purposes only and not to:

a) damage, rearrange or remove any of the personal belongings of the Host from the Property and/or the Property in any way;
b) open any of the cupboards, wardrobes, drawers, or other areas which have been taped shut or enter any rooms where the doors have been locked, and will be liable to pay a minimum fee of at least $50 if done;
c) operate any form of business from the Property unless specifically agreed to;
d) use the Property for any illegal or immoral purpose;
e) consume or keep illegal drugs at the Property;
f) carry out any action that would cause damage or deterioration of the Property;
g) bring animals into the Property unless specifically agreed, save for disabled assistance dogs (where agreed);
h) invade the privacy of the Host nor publish or reveal anything which might allow a third party to identify the address of the Property or the identity of the Host (even if such information is already in the public domain);
i) smoke inside the property

6.2 The Guest further always agrees to use the Property in a reasonable and responsible manner.


7. FIXTURES AND FITTINGS

7.1 The Guest agrees to operate any appliance, fixtures, and fittings provided by the Host or by BNB Travel in accordance with provided instructions and in a reasonable and careful manner.

8. NOISE AND NUISANCE

8.1 The Guest agrees not to cause excessive noise on the Property.

8.2 The Guest agrees to use the Property in a manner that does not cause a nuisance to other persons residing in neighboring or nearby buildings.

8.3 The Guest agrees not to obstruct, harass, cause a nuisance to, or inconvenience any person residing, working from or on behalf of the Host or BNB Travel, or carrying out their lawful business in the building or immediate areas.

8.4 There is a strict policy against parties or gatherings in the Property.

8.5 Any substantiated complaint of a party will result in any visitors to the Property involved in the party being asked to leave and may lead to immediate termination of this license.

9. ADVERTISING

9.1 The Guest agrees not to display any form of sign or logo that is visible from the exterior of the Property and not to use the Property, its address, or location, in any form of advertising or promotional material

10. PROMPT REPORTING OF REPAIRS

10.1 The Guest agrees to promptly report any items within the Property that require repair to the Host or BNB Travel.

10.2 The Guest also agrees to act as soon as they become aware of any problem to minimize its effects and prevent it from becoming worse or causing a nuisance to the occupier of any neighboring premises.

10.3 The Guest agrees to compensate the Host for any losses they might suffer due to damage to the Property, any of its fixtures or fittings, or due to any nuisance or annoyance caused to any occupier of a neighboring premise which occurs as a result of any failure by the Guest to report any required repair to the Host or BNB Travel promptly, or to take reasonable action to minimize the effects of any issue and prevent the problem becoming more serious.

10.4 If the Guest does not report a required repair to the Host or BNB Travel™, and it only becomes obvious after the Guest has left the apartment, then the Host shall be entitled to assume that the damage has been caused by the Guest’s negligence or carelessness and charge the Guest accordingly.

11. ACCESS

11.1 The Guest agrees that the Host, BNB Travel™, or any agents, contractors, or representatives approved by them may enter the Property for any reason at any time without notice.

11.2 From time to time access will be required by BNB Travel™, the Host or agents, contractors, or representatives approved by them to show potential guests, tenants, or purchasers around the Property.

11.3 The Host or BNB Travel™ will always try to enter the Property during normal working hours but they may do so at other times.

11.4 The Guest agrees not to impede such access in any way at any time.

11.5 Access may be affected whether or not the Guest is in attendance.

12. VENTILATION

12.1 The Guest will keep the Property properly ventilated to ensure that there is no build-up of damp or moisture or of cooking smells, smoke, or grease.

13. RUBBISH

13.1 The Guest will dispose of all rubbish and waste promptly using the facilities provided.

13.2 The Guest will not dispose of waste or rubbish in any system not designed for this purpose.

13.3 The Guest will take care to avoid blocking or causing damage to drains or sanitary appliances by seeking to dispose of inappropriate items or abrasive, corrosive, or hazardous substances using them.

14. COOKING

14.1 The Guest will use the cooking facilities provided with reasonable care and according to the manufacturer’s instructions and with proper ventilation so as not to cause damage to the Property, building, or any fixtures and fittings and so as not to cause fire or smoke alarms to be activated.

15. CLEANING

15.1 The Guest will keep the Property clean and tidy.

15.2 The Guest will bear primary responsibility for the Property’s condition upon departure, even if Our Holiday has supplied separate cleaning services.

16. CONDITION AT END OF LICENSE

16.1 At the end or sooner termination of this license the Guest agrees to provide vacant possession of the property, removing all occupants or other persons and all possessions and rubbish from the Property.

16.2 The Guest agrees to leave the fixtures and fittings in the same good clean condition as provided at the Booking Start Date subject to an allowance for fair wear and tear.

17. COMPENSATION FOR DAMAGE

17.1 The Guest agrees to compensate the Host for any cleaning or decoration of the Property required, any losses the Host might suffer, or any fees or charges the Host might have to pay, including compensation to occupiers of neighboring premises caused by the Guest’s failure to fulfill any of the obligations in this Agreement. The cost of such damage is to be determined at BNB Travel’s sole discretion.

18. SECURITY

18.1 The Guest will take steps to ensure the security of the Property by i) taking care of access keys, tokens, fobs, or codes, and not giving them to persons other than employees, contractors, agents, or authorized representatives of the Host or BNB Travel and ii) not propping or holding open external doors, windows, and other forms of access to the Property when the Guest is not supervising them.

19. HOST OBLIGATIONS

19.1 The Host agrees to provide the Guest with accommodation at the Property.

19.2 The Host will provide the Guest with functioning cooking and washing facilities within the Property.

19.3 The Host will ensure that the property is cleaned to a reasonable standard and that the Property and all fixtures and fittings are in good repair before the Booking Start Date.

19.4 The Host will keep in repair and proper working order i) the fabric and structure of the Property; ii) the utilities and conduits for the provision of water, gas, sanitation, drainage, and electricity; and iii) any appliances, furniture, fixtures or fittings supplied.

19.5 The Host is not required to carry out any repair until the Guest has notified the Host or BNB Travel of the repair.

19.6 The Host is entitled to a reasonable time to make any repair that is required having regard to its seriousness, the Guest’s circumstances, the time of day, any public holidays, and the availability of necessary parts.

19.7 If the Guest makes a repair or instructs another party to make on their behalf without informing the Host or BNB Travel first or without giving the Host or BNB Travel™ reasonable opportunity to repair the item, then the Host will not be liable for any costs incurred in making this repair.

19.8 The Guest will be liable for any defects in material or workmanship which reduced the Property below the standard it was in at the start of the Booking.

19.9 The Guest will also be liable for costs or expenses the Host incurs in checking the quality and suitability of a repair.

19.10 The Host will not be obliged to repair or replace anything that has been damaged or destroyed due to the negligence, carelessness, or misuse of the Guest or any visitor invited into the Property and if the Guest does not repair any such item the Host will charge the Guest for the full cost of that repair or replacement.

20. TERMINATION

20.1 The Host or BNB Travel may terminate this license at any time on 24 hours’ notice where the Guest is in breach of any part of this Agreement.

21. PROPERTY LEFT BEHIND

21.1 If the Guest leaves any item behind in the Property at the end, or sooner termination of this license, which is bulky or not easily portable then the Guest shall be liable for an ongoing license fee until such time as the Host can remove the property and the Guest shall also be liable for any costs incurred in removing or storing this property.

21.2 If the Guest leaves any other item behind then he will be liable for any storage costs incurred in storing it and if any item is not claimed within 14 days of the Guest’s departure then it shall be deemed abandoned and the Host can sell or dispose of it at his sole discretion retaining any proceeds of any sale to offset his storage and administrative costs.

22. UTILITIES AND AMENITIES

22.1 The Booking fees are inclusive of all charges levied in respect of the following utilities: i) Gas (where applicable); ii) Electricity; iii) Water; iv) TV Licence (where applicable); v) Council Tax; and vi) Insurance for any item supplied by the Host.

22.2 The Host will not be responsible for any temporary failure or interruption of service to the Property, including failure or interruption of, services to the Property, including electricity, air conditioning, water or any damage, telephone, broadband or internet and other communications.

23. NOISE

23.1 Although the Host will make efforts to ensure the guest enjoys a peaceful stay, the Host will not be responsible for any disruption or noise caused by other individuals in the area, or as a result of repair works being carried out in neighboring premises or in the neighborhood.

24. SPECIALIST CLEANING

24.1 If there has been a breach of the license agreement by the bringing or animals into the Property or smoking then specialist cleaning will be required at an additional minimum cost of $495.

25. NOTICE

25.1 Any notices required under this agreement will be sufficiently served if emailed by the Host or BNB Travel to the Guest at the Guest’s Email or by the Guest at BNB Travel’s Email ([email protected]) provided that no such notification of non-delivery is received, and the notice will be deemed served eight hours after sending.

26. DATA PROTECTION

25.1 Any notices required under this agreement will sufficiently served if emailed by the Host or BNB Travel to the Guest at the Guest’s Email or by the Guest at BNB Travel’s Email ([email protected]) provided that no such notification of non-delivery is received, and the notice will be deemed served eight hours after sending.

27. GENERAL

27.1 The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause.

27.2 This agreement is governed by and construed in accordance with the laws of the United States of America. The Host and Guest agree to submit to the exclusive jurisdiction of the US courts

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