Property Manager Terms & Conditions

Last Updated: May 29, 2018 12:53PM CEST
Last updated 18 May, 2018

Your.Rentals is an accommodation management service for managers of vacation rental properties and other alternative accommodation and is provided by Your.Rentals A/S.

This Agreement defines the terms and conditions (the “Terms” or the “Agreement”) for the use of the Your.Rentals service by property managers, including private individuals and professional agencies.

§1 Definitions

“Your.Rentals”, "Us", “us”, “We” and “we” means Your.Rentals A/S, a Danish corporation with CVR number 38123947, its headquarters located at Vesterbrogade 149, 5. 1620 Copenhagen V, Denmark.

"You", “you”, “Your” and “your” refers to the person accepting the terms of this Agreement or the company this person represents.

“Platform” and “Service” means the software provided by Your.Rentals A/S and available on www.your.rentals and sub-domains (the “Your Rentals Site”).

“Property Manager”, "User" and “Users” means you or your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you.

“Accommodation” means the physical property for which you have the legal right to create a Listing for and rent on a short-term basis to Guests.

“Listing(s)” means the content, pictures, text descriptions, video, pricing and other data provided by you via the Your.Rentals service to represent Accommodation that you make available for booking by Guests.

“Publish” means the action undertaken by you to make your Listing available to Guests on selected Sales Channels.

“Sales Channels” means the websites that Your.Rentals has commercial agreements with for the publishing of Accommodations for booking by Guests.

“Channel Manager” refers to the feature in the Your.Rentals system which allows you to define which Sales Channels your Listing(s) will be published on.

“Guest” means a third party individual with whom you contract for the rental of an Accommodation as represented by a Listing published through the Service, where the Booking and Guest Payment for the Booking were processed through the Service.

“Booking Rules” means the rules that you define for each Listing including check-in days, minimum stay, nightly rates and discounts including Longer stay discounts, seasonal price adjustments, Early bird and Last minute discounts.

“Request Booking” means the status of a Listing that requires your explicit acceptance of the Booking made by a Guest before it is confirmed.

“Instant Booking” means the status of a Listing that does not require your explicit acceptance of the Booking made by a Guest before it is confirmed.

“Confirmed Booking” means an agreement between You and a Guest for the rental of an Accommodation as represented by a Listing.

“Booking Request” means a confirmed and pre-paid request from a Guest for the rental of an Accommodation, for which you are required to Accept or Decline before it becomes a Confirmed Booking.

“Accepted Booking” means a Booking Request that has been explicitly accepted by you by clicking the Accept button and is now confirmed.

“Declined Booking” means a Booking Request that has been explicitly declined by you by clicking the Decline button and is cancelled.

“Cancelled Booking” means a Confirmed Booking that has been explicitly cancelled by you or the Guest by completing the Cancel Booking steps.

“Guest Payment” means the money authorised and captured by Your.Rentals from the Guest for a Request Booking or Confirmed Booking.

“Guest Cancellation Policy” means a pre-defined set of rules that You select per Listing in the Platform defining the refund available to the Guest in the event that they cancel a Confirmed Booking.

“Calendar” means the Your.Rentals calendar for each Listing which shows available and not available bookable nights.

“Calendar Sync” means a service provided by Your.Rentals to import third party calendar events to the Your.Rentals Calendar and export Your.Rentals calendar events using the iCalendar format.

“Account Plan” means a set of commercial terms between You and Your.Rentals defining such things as the Fees that you pay us, Payout Terms and other conditions.

“Fees” means the amounts that Your.Rentals deducts from Bookings before Payouts are calculated to cover the costs of providing our Service, and the direct costs of Bookings including Sales Channel commissions which we pay on your behalf and the financial costs of processing Guest payments and your Payouts.

“Cancellation Fees” means the fees that you agree to pay Your.Rentals if you cancel a Confirmed Booking further defined in this Agreement.

“Payout” means the money that you receive from Your.Rentals for a booking after we have deducted our Fees. A Payout is made to your nominated Payout method on a date according to the Payout terms for your account.

“Payout Terms” means the pre-defined set of rules set by your active Account Plan that determine the Service Fee amount and Payout date that will be applied to a Confirmed Booking.

“Payout Method” means the details of your bank account or other supported financial account to which we transfer your Payout.

"Intellectual property rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.

§2 Agreement

By clicking "Sign up" and creating a Your.Rentals account, you represent that you are authorised to enter into this Agreement as a private person or as an authorised representative of the company being represented as a party to this Agreement with Your.Rentals A/S, and that you agree to be bound by all its terms and conditions, including these Terms.

You also agree that our Privacy and Cookie Policy forms a part of these terms and conditions. 

§3 Service

We provide Your.Rentals as an online service, meaning that all services provided are in digital form and no hard copies of data or services will be made available. Your.Rentals provides an online management service for Accommodations which takes the form of a software platform which can be used by you to distribute your Listing(s) to supported Sales Channels and sell nights in the Accommodation you own, manage or have authority to represent.

§4 User Agreements

Property managers may register online with Your.Rentals for a User account to list their Accommodation in order to receive bookings through the Sales Channels. All User accounts must have a verified email address and a verified mobile phone number to be activated. By registering a User account, you agree to the following responsibilities:
 
  • Ensure that your account details and User profile are correct and up to date;
  • Create, Publish and maintain your Listings;
  • Ensure that Your Listings provide a true and accurate representation of your Accommodation;
  • Ensure that Your Listing rates are set correctly with a minimum of 12 months advance seasonal rates defined at all times;
  • Ensure that Your Calendar(s) are always up to date using Calendar Sync or by blocking unavailable dates manually to Your Calendar;
  • Ensure that you have the rights to upload all content to your Listing, including copyright on any images that you upload;
  • Ensure that if Your Listing is temporarily or permanently unavailable, or You are not accepting bookings for a certain time period, that You unlist Your Listing or close the Listing Calendar;
  • Ensure that Your selected Sales Channels for each Listing reflect Your wishes, and that You are not directly listed on any selected Sales Channels which would result in duplicated Listings;
  • Receive and respond to pre-booking enquiries from potential Guests in a timely manner;
  • Approve Booking Requests if one or more of Your Listings is listed with Request Booking;
  • Resolve double bookings to the Guest’s satisfaction;
  • Contact Guests prior to check-in to advise of check-in procedures;
  • Resolve post-check-in issues, including complaints by the Guest about Accommodation quality;
  • Agree to provide your Accommodation for rental according to the Rental Terms for Guests and not to provide different terms to guests;
  • Resolve issues brought about by the failure by either you or the Guest to fulfil the Rental Terms for Guests agreed to via the Platform;
  • Report problems to us that you encounter during the Guest’s rental period or no later than 24 hours after check-out using the “Report a problem” link found on the booking details page;
  • Provide proof of your identity and legal right to advertise and offer for booking any accommodation described by Listings in your account upon our request.

§5 Accommodation Listings

You acknowledge and agree that you alone are responsible for any and all Listings you publish.

Accordingly, you represent and warrant that you are legally entitled to advertise for rental the Accommodation represented by any Listing you publish using the Service. Specifically, you represent and warrant that any Listing you publish and the booking of, or a Guest's stay at, an Accommodation in a Listing you post: (i) will not breach any agreements you have entered into with any third parties, such as homeowners associations, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.  Your.Rentals assumes no responsibility for a Property Manager’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Your.Rentals reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Your.Rentals, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Service.

§6 Account Plans

To meet the needs of different Users, we provide a choice of Account Plans which you may select for your Account. You can read the details and commercial terms of our Account Plans here.

The Business Plan and Pro Plan provide you with access to Payouts before check-in, and as such, your Account must be in the name of a registered Business which has been verified by Your.Rentals (“Business Verification”) before these Account Plans are activated. If you have applied for a Business Plan or Pro Plan, while your Business Verification is pending, your Account will have the same commercial terms as the Personal Plan which does not require Business Verification. Any Bookings confirmed while your Business Verification is pending will have the same commercial terms applied as the Personal Plan.

Any decision by Your.Rentals regarding a Business Verification application is final, and we are under no obligation to provide reasons for such decisions or means for objections to be reviewed.

Your.Rentals reserves the right to adjust the commercial terms of Account Plans at any time, including the applicable Fees and Payout terms. All affected Account holders will be notified of such changes in advance by email, and your continued use of the Service after such notification shall be deemed as your acceptance of such changes.

§7 Management of Bookings

Managing bookings whether they be Booking Requests and Confirmed Bookings is the sole responsibility of the User.

You understand and agree that Your.Rentals does not act as an insurer or as your contracting agent. If a Guest books your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Your.Rentals is not a party to it.

For clarity, at the moment that a Booking is confirmed, whether by instant confirmation for Instant Booking listings or by your Acceptance of a Booking Request for Request Booking listings, an agreement is concluded between you and the Guest. Furthermore, at the time that a Booking is confirmed you agree to pay Your.Rentals the Fees as specified in this Agreement.

The terms for each booking, such as available dates, check-in days, minimum and maximum stay, maximum number of guests allowed, discounts, advance notice, guest cancellation policy and Extras, are based upon the information defined in your Listing by You at the time the Booking Request of Confirmed Booking is created. These booking terms represent an offer from you to any potential Guest. No adjustment to booking terms may be made for a particular Confirmed Booking or Booking Request after it has been created.

§7.1 Accepting and Declining Bookings

 
If you have chosen Instant Booking for a Listing:
  • Bookings are automatically confirmed by the Platform as long as your Calendar has availability, Booking Rules are fulfilled, and the Guest details and payment are valid.
 
If you have chosen Request Booking for a Listing:
  • Bookings are immediately confirmed when you click the Accept button from the booking request screen within 24 hours of the Booking Request being submitted by the Guest;
  • Bookings Requests are declined with no charge to you when you click the Decline button from the booking request screen within 24 hours of the Booking Request being submitted by the Guest;
  • Bookings Requests are automatically declined by the Platform if you fail to click the Accept or Decline button from the booking request screen within 24 hours of the Booking Request being submitted by the Guest;
  • We reserve the right to apply a penalty Fee, limit your account access and/or unlist your listings for failing to Accept or Decline a booking request within 24 hours of the booking request being submitted by the Guest.

Once a booking made through the platform is confirmed either if it is an Instant Booking or an Booking Request accepted by You, the booking is binding.

§7.2 Cancellation of Bookings

§7.2.1 Cancellation by Guest
Should the Guest cancel a Confirmed Booking prior to the check-in time, we will calculate any refund due to the Guest based upon the exact time that the booking was cancelled and the Guest Cancellation Policy present on your Listing at the time of booking. Should the Guest cancel a Confirmed Booking, our Fees will be deducted from any Payout due to you.

§7.2.2 Cancellation by You
Should you need to cancel a Confirmed Booking, you must do so by logging in to your Your.Rentals account and using the “Cancel booking” feature found on the Booking details page. Requesting a cancellation by way of email, LiveChat, telephone call or any other means is not possible. Furthermore, it is strictly prohibited for you to contact a Guest directly to cancel a Confirmed Booking, and any such agreements made in this way will not be supported or honoured by Your.Rentals.

§7.2.3 Cancellation Fees
By cancelling a Confirmed Booking, you agree that the Fees already invoiced and incurred for such booking are non-refundable (“Cancellation Fees”). You agree to pay us these Fees either by way of a deduction from your next Payout, upon request in our software prior to cancelling the booking, or upon presentation of an invoice from us, at our discretion. We always display to you the Cancellation Fee amount when you cancel a Confirmed Booking, and the action of cancelling a Confirmed Booking by you confirms your agreement to pay us these Cancellation Fees.

§8 Other booking settings

§8.1 Mandatory Extras

Mandatory Extras that are to be paid upon check-in are strictly forbidden.  Cleaning may be defined by you as a Mandatory Extra with a price in your Listing. Fees for Cleaning when it is a Mandatory Extra are collected by us from the Guest when booking, and we do not apply any Fees to this charge. You agree to input Cleaning costs at your cost price and not to manipulate your Rental rate and Cleaning costs to offset the level of your Fees.

You agree to never ask or demand from any Guest at any time payment for any Extras after the booking has been confirmed by the Platform.

§8.2 Optional Extras

You are able to define Optional Extras for each Listing which will be communicated to the Guest after their Booking is confirmed.  You may choose to offer such Extras free of charge or for a fee.  The Guest may order Optional Extras up to 7 days before check-in, and we will notify you of an order by email. We do not take any payment for nor do we charge any commission on Optional Extras. It is solely your responsibility to provide ordered Optional Extras at the time of check-in and collect payment from the Guest. Optional Extras provided by you to a Guest are not covered by our Rental Terms for Guests and must be governed by a separate agreement between you and the Guest directly, for which you are solely responsible.  

§8.3 Local taxes

In some towns, regions or countries, property managers must register guests and collect tourist or local taxes upon check-in.  It is your sole responsibility to be aware of your local laws and collect and report any applicable taxes and fees. 

You agree to define any mandatory local taxes applicable to bookings of your Accommodation via the Service in your Listing builder before publishing a Listing. When you add local tax requirements in the Listing builder, we will notify the Guest prior to booking. We do not take any payment for local taxes, and it is solely your responsibility to collect payment from the Guest at the time of check-in. 

Should a booking be made and local taxes are not defined in the Listing builder at the time the booking was confirmed by the Platform, you agree not to request payment of such local taxes directly from the Guest and to incur the cost of paying such local taxes yourself.

§8.4 Security Deposits

You may elect to require a Security Deposit from the Guest by defining this in your Listing. Should you require a Security Deposit from a Guest, as defined in your Listing at the time the Booking or Booking Request was created, we will guarantee approved claims for damages by you up to this amount in the event that the claim for damages cannot be resolved directly with the Guest by you, or any insurance held by you or your Guest does not cover the approved claims for damages.

Your.Rentals will use commercially reasonable efforts to address Property Managers’ requests and claims related to Security Deposits, but Your.Rentals is not responsible for administering or accepting any Damage Claims by Property Managers related to Security Deposits, and disclaims any and all liability in this regard.

§9 Fees for using the Service

Your.Rentals charges Fees which are charged and calculated per Confirmed Booking. Any time that a Booking is confirmed we will calculate and invoice you for such Fees. 

Your.Rentals charges two (2) Fees per Confirmed Booking, a Service Fee and a Booking Fee. Each of these fees are calculated on your Rental Rate minus any discounts you have applied. The Service Fee is charged at a rate depending upon your active Account Plan at the time the booking is confirmed. The Booking Fee is charged at a fixed rate regardless of your Account Plan. The Booking and Service fees per Account Plan are published here and may be amended from time to time at our discretion. 

You agree to pay our Fees by way of deduction when calculating your payout for each booking, upon request in our software when cancelling a booking, or upon presentation of an invoice from us, at our discretion. A VAT invoice for our Fees is available via your Your.Rentals account for you to download from the booking details page for each Confirmed Booking or booking cancelled by you.

§10 VAT

VAT is not applied to the rental rates presented to or paid by the Guest. You are solely responsible for declaring your income from bookings via the Your.Rentals software according to your local taxation laws and for paying the relevant taxes on your booking income.

Our Fees are VAT applicable and the application of VAT is assessed depending upon your legal entity type (private person or company) and your country of residence or company registration. Unless otherwise stated, VAT is included in our fees. 

If your account is registered to a company with registration within the EU, you agree to submit a valid VAT number to enable VAT to be “reverse charged” and not added to the Fees we charge you.

§11 Payouts 

§11.1 Calculation of Payout amount

We always calculate your Payout based upon the Rental rates, Discounts and Cleaning fees that you have specified in the Listing Builder.

A Payout is calculated for a booking as follows:

Payout = ((Rental rate - Discounts) - Fees) + Cleaning fee

Be aware that you may choose to set your Rental Rates by entering either Gross rates (price to guest) or Net rates (your payout amount). More information about setting rates correctly can be found here. 

In the case that you have incurred Cancellation Fees on a previous booking or bookings, you accept that these will be deducted from any future Payout.

§11.2 Payout Terms

By default, you will receive a separate Payout for each confirmed booking. Your Payout Terms are determined by the Account Plan that was active at the time the booking was confirmed. Payout Terms per Account Plan are published here and may change at our discretion.

In the event that a Guest has cancelled a Confirmed Booking, your Payout will be processed on the next business day after the cancellation has been registered in the Platform.

§11.3 Payout Currency

When you create your account, you set your account currency.  You must set your rates and other prices in your selected currency.  All financial information in your account is calculated in your selected currency. Payouts are made to you in your selected currency, regardless of the booking currency which may differ for each booking. As such, you accept that small variations due to exchange rate fluctuations may occur.

§12 Dispute Resolutions

In case of disputes between a Property Manager and a Guest, this can be solved in the Dispute Resolution Centre. Disputes must be reported during the stay or Cool-off period which starts at the check-out time and ends 48 hours later. Any Disputes that are not reported during the Cool-off period must be resolved between the Property Manager and the Guest directly and Your.Rentals has no responsibility to mediate in these cases. Furthermore, for a Security Deposit to be used in the Dispute Resolution, the Dispute must be reported using the Dispute Resolution Centre during the Cool-off period.

§13 Information Storage

Your.Rentals stores the following information: all relevant data pertaining to users’ accommodation including descriptive texts, rich media such as photos and videos, prices and availability; personal and company data you give us in the sign up process. All data will be shared with third party sites such as Sales Channels, agents or property providers by your agreement.

§14 Security

Your.Rentals undertakes to make its best efforts to keep its users’ data confidential and to distribute it only to authorised parties. You are requested to keep backups of your own data and in the event of a data loss Your.Rentals does not guarantee to keep copies of your data. You are responsible for the accuracy of your own data and for checking the quality of the data on a frequent basis.

You undertake to use the system only for its intended purpose. Software hacking, re-use of our software code, accessing materials which you have not been authorised to use, and deliberately placing the platform under undue stress and repeatedly harassing other users via unsolicited email or other means of communication are strictly forbidden.

§15 License

Your.Rentals undertakes to allow its Users to upload their Accommodation rates and pricing, digital media such as images and text describing Accommodation for rent and calendar data describing the nightly availability of each Accommodation unit for rental. Your.Rentals will store such data and distribute it in real time or close to real time to Sales Channels authorised by you.

§16 Warranties and Limitations

While we strive for our systems to be available at all times and free from errors, we do integrate software and services from third party vendors to provide certain features, and as such, Your.Rentals cannot be held liable by you for any problems arising from:
  • Failures or delays of Calendar Sync imported events from third party calendar systems;
  • Failures or delays of Calendar Sync export from Your.Rentals calendars and their import into third party calendar systems;
  • Non-delivery of SMS or email Booking Request or booking confirmation notifications sent by the Platform to you;
  • Failure of Payouts due to errors with our financial services provider or bank account errors input by you;
  • Non-removal of Listings from specific Sales Channels within a certain time period;
  • Publishing of Listings by specific Sales Channels within a certain time period;
  • Your incorrect input of rates or failure to keep your Calendar updated.
 
Your.Rentals may not be held responsible for damages to third parties resulting from distribution of data and media supplied by you, which you were unauthorised to send to us. You warrant that you have permission to distribute all data and media you supply to us. You are responsible for damage to Your.Rentals or third parties resulting from malicious code or computer viruses which were distributed by you into the platform.

§17 Interruptions in our service

Whilst Your Rentals take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, Your Rentals does not accept any on-going obligation or responsibility to operate the Your Rentals Site or any particular part of it.

§18 Abuse

Your.Rentals reserves the right to collect statistics describing its Users’ performance and compliance with these terms and conditions and reserves the right to cancel the provision of the Service with immediate effect for Users who abuse these. Serious abuse resulting in financial loss or reputational damage to Your.Rentals may result in legal action being taken against the Property Manager.

§19 Breach

If a Property Manager is found to be in breach of contract, Your.Rentals reserves the right to cancel the User’s service with immediate effect. In cases of contract breach, any funds owed to Your.Rentals must be settled immediately upon presentation of a valid invoice.

§20 Termination

If you wish to unlist any or all of your Listings, this can be done from the Listings page. If you no longer wish to have an account in Your.Rentals, the account can be permanently deleted by contacting us at support@your.rentals from your registered email address. In the event that you wish to permanently delete your account, you agree to honour any existing Confirmed Bookings. Your account may only be permanently deleted when all Confirmed Bookings have completed. When an account is deleted, this Agreement is terminated.

§21 Limitation Of Liability

In no event other than abuse of the platform covered in the paragraph titled "abuse" shall either party's aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim. In no event shall either party and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to the use or inability to use the service, or for any content obtained from or through the service, any interruption, inaccuracy, error or omission in the content, regardless of the cause, even if the party from which damages are being sought or such party's licensors have been previously advised of the possibility of such damages.

§22 Modification of terms

We reserve the right, at our sole discretion, to modify the service or to modify the Terms of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification to your registered email address. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Service after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.

§23 No partnership or joint venture

Nothing in these Terms or in your use of the Your Rental site creates, or is intended to establish, any partnership or joint venture between Your Rentals and You.

§24 Miscellaneous

In the event of any inconsistency or discrepancy between the English and any translated version of the Property Manager Terms & Conditions the English version will prevail.

§25 Jurisdiction

This agreement is made under the laws of Denmark and any disagreements will be settled in the appropriate court in Copenhagen.
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