Terms & conditions
TERMS & CONDITIONS

Introduction

1.
This agreement sets out the terms and conditions upon which GQ Property Management will provide short term rental management services to you in relation to your property that you wish to rent out through Airbnb or similar homestay booking websites.

Definitions

2.
In this agreement, some terms are used regularly. These are capitalized and are defined as follows:

• Availability Period: means the period for which the Property is available for receiving Guests.

• Cleaning Fee: means a fee for cleaning and preparing the property for occupation by a Guest.

• Excluded Services: means the services that Host does not provide as part of this agreement. These are listed in Appendix A.

• Extra Maintenance Services: means services such as deep clean, carpet shampoo, upholstery cleaning, mold removal, pest control, oven cleaning, external window/balcony cleaning, wall painting, work at height, serious plumbing, electrical or gas works and anything that is not covered by our Services.

• Fee: means the fees charged by GQ Property Management, in accordance with clause 8 below; “Guest” means a guest who is renting the property through one of the Homestay websites.

• Homestay Website: means a short stay rental marketplace including but not limited to Airbnb, VRBO, Homeaway, Booking.com, FlipKey and such other websites as chosen by us. In cases where a guest makes a reservation directly with the Host, GQ Property Management, will extend the concept of Homestay Website to that reservation.

• Services: means the short-term rental management services described in clause 3 below.

• Listing: means any advertisement of your Property on a Homestay Website.

• Room Rent: shall mean the total amount paid by the Guest for a booking less any Airbnb Cleaning Fee and any service fee and taxes levied by the relevant Homestay Website and/or any card processing fee.

• Property: means your property's address or such other property as agreed between GQ Property Management, and you from time to time.

Services

3.
3.1 In exchange for the fee you pay to GQ Property Management, Host shall provide the following services to you:

 3.1.1 Listing your property and optimizing it across various Homestay Websites. The Host shall select the Homestay Websites to list on.

 3.1.2 Managing the pricing and availability calendar across various Homestay Website(s) as Host deems fit. You agree that GQ Property Management has the expertise to make pricing decisions and is therefore not required to consult with you before accepting a booking from a Guest or setting the price for any Bookings. However, the Host will bear in mind your requirements you have informed about your monthly income expectations or your preferences around the type of Guests you wish to accept in the property.

 3.1.3 Engaging a photographer (extra fees apply) to take photos of the Property for one full photoshoot. Should you cancel or postpone this photoshoot with less than 48 hours’ notice or should a re-take photo be required due to the property not being reasonably ready as discussed, the photographer reserves the right to charge the Host an additional fee to cover the cost of an additional photoshoot.

 3.1.4 Responding to any inquiries raised by Guests in relation to your Listings and managing all communications with the Guests including any disputes that may arise.

 3.1.5 Provide housekeeping and linen service only once at the start of each Guest’s stay.

 3.1.6 Remotely coordinating urgent repairs or maintenance works to your property only if required to ensure complete Guest satisfaction.

3.2 You agree that Host shall not provide the Excluded Services as part of this agreement. If you need any services, Host can discuss them as and when needed and agree to arrange them for you for extra cost plus our expenses.

Host Obligations

4.
4.1 In order to allow us to provide the Services set out in this agreement you agree that Owner will:

 4.1.1 Provide us with complete, accurate and timely information about the Property and any other information reasonably requested by us. It is your responsibility to ensure that we have all the information needed to operate and maintain the Property and look after the safety of each Guest.

 4.1.2 Provide all the items set out in the essentials checklist (see Appendix B). If these are not provided, we will buy these and charge you at cost plus reasonable expenses.

 4.1.3 Maintain the Property at all times which includes doing repairs as soon as possible upon request by GQ Property Management, or refunding GQ Property Management , for any repairs.

 4.1.4 Comply with all legal requirements applicable to a landlord in the US including but not limited to fire safety regulations, gas and electrical safety etc.

 4.1.5 Remove or lock away any expensive and fragile items in the Property and let us know about any particularly fragile or sensitive areas in the Property that you want us to bear in mind.

 4.1.6 Empty all shelves in the fridge, kitchen cabinets and in the bathroom and at least 1 drawer in a wardrobe for Guest use.

 4.1.7 Cooperate fully with us in the provision of the Services and pay our Fee and other costs when due.

Availability Period and Minimum Agreement

5.
5.1 You will make the Properties available to us for short lettings for a minimum period of 4 months, starting the Go Live date on the Online Travel Agencies websites (the “initial Availability Period”). You may not reduce the initial Availability Period without our prior consent otherwise charges in Clause 5.2 below shall apply. You may extend the initial Availability Period by giving us notice at any time and any extension shall be as agreed between us from time to time in the initial Availability Period.

Fixed term option

You may not reduce the initial Availability Period without our prior consent otherwise charges in Clause 5.2 below shall apply. You may extend the Availability 5.1 Period by giving us notice at any time and any extension shall be as agreed between us from time to time in the initial Availability Period.

5.2 If you would like to terminate the agreement during the initial Availability Period, you may do so by paying a break fee of $250 in addition to the other costs and fees that may be incurred.

5.3 HOST shall charge a Fee at the rate of 25% for any reservation obtained by us during the period but which occurs after this agreement is terminated. For the avoidance of doubt, Host will not charge any Cleaning Fee for future reservations and you may retain this fee where it has been charged to the Guest.

5.4 Upon termination, Host shall return your keys on the last day of the notice period or such other date as agreed.

5.5 The Fee for Host Services provided up until the date of termination and any Fee payable as per Clause 5.3. or Clause 6.1. shall become payable immediately following termination and receipt of our final invoice.

Cancellation or Refunds of Bookings

6.
6.1 If you cancel or cause a Guest to cancel any Booking or if Host is required to refund a part of a Booking, you shall be required to pay the following charges:
a. the Homestay Website’s cancellation charges, if applicable.
b. any charges levied by payment processing sites for refunds, if applicable; and c. GQ Property Management's Fee for that booking in its entirety.

6.2 For the avoidance of doubt, “causing a Guest to cancel a Booking” shall include any situation where a Booking is cancelled due to the Property being uninhabitable due to lack of heating, hot water, plumbing, electricity and Wi-Fi or due to gas leaks, water leaks, rodents, pests, lack of cleanliness or other such serious deficiencies.

6.3 You agree to disclose with the HOA the repercussions of terminating Airbnb without sufficient advance notice. HOA must provide notice of intent immediately, should the scenario arise, at which point the calendars will be blocked to avoid future reservations. HOA must allow existing reservations regardless of quantity and reservation dates. Host cancellations are assessed a penalty by the Homestay websites and three cancellations within the calendar year leads to termination of Host account.

6.4 Owner agrees to provide host 2 months advance notice of any impending sale closing date and agrees to honor reservations within that period. Confirmed reservations must not be canceled and you agree to inform the buyer of reservation dates with the end goal that the buyer allows future bookings to be completed should any reservations fall after the closing date.

6.5 Showings will be scheduled on dates when there are no reservations. Same day or last-minute showings are only permitted if there are no guests staying in the property. You agree to schedule showings with GQ so that GQ may block the dates to avoid any bookings on pre-arranged showing dates.

Fee and Payment

7.
7.1 Management Fees: The management fee (also referred to as the commission) is determined as set forth in the individual client agreement. This commission is deducted from the total payout.

7.2 Revenue Distribution: The remaining balance, after deducting the management fee, will be transferred directly into the escrow account managed by GQ Property Management. This balance comes from the payments collected through Homestay websites. Revenue, less cleaning fees, damage fees, and any other fees or expenses incurred on your behalf, will be paid on a monthly basis in arrears.

7.3 Cleaning Fees: The Cleaning Fee associated with each booking is managed directly by GQ. In cases where a Homestay Website does not provide an option to charge Cleaning Fees separately to the Guest, the listed Room Rent will be adjusted accordingly to incorporate the Cleaning Fee.

7.4 Financial Adjustments: You are not entitled to withhold any amounts due to or from the Homestay Website by way of set-off, deduction, or counterclaim against any amounts that you owe to the Host, or vice versa.

7.5 Profits from upselling will be split 20% to you and 80% to GQ. All intended upselling will be disclosed and approved by you.

Extra Charges

8.
8.1 In addition to the Fee stated above, the only other extra charges that will apply are as follows:

8.2 If you choose to stay in the apartment during the Availability Period, Host will clean the apartment for you after your stay and charge you the cost of the cleaning to you unless told otherwise (see Appendix C for details);

8.3 Any emergency runner services will be charged at $300 in case needed (see clause 9 on Maintenance below for details); and

8.4 Extra Maintenance Services will be charged separately but only if you ask the Host to book these for you.

Property Maintenance and Expenses

9.
9.1 You agree that you shall be primarily responsible for the maintenance and upkeep of the Property and shall ensure that the Property is in a good condition for Guests’ use.

9.2 You also agree and acknowledge that there will be some amount of normal wear and tear of the Property due to Guest use and that you shall be responsible for making good such wear and tear.

9.3 Ensuring positive guests requires urgent attention to maintenance requirements. You authorize GQ Property Management, to incur expenses of up to $500 (for each individual event) on your behalf to conduct any emergency repairs or maintenance works or take such
action which GQ Property Management believes are reasonably necessary to secure a good review from a Guest.

9.4 We agree that we shall not undertake any significant or major repairs exceeding $500 without your prior express consent except under Airbnb extenuating circumstances policy where there is a major safety hazard to life or property.

 Liability and other

10.
10.1 You understand and agree that GQ Property Management does not act as an insurer and that you shall obtain the appropriate insurance for the Property and its contents.

10.2 You also agree and understand that Host is not providing investment advice or real estate advice and that you shall make your own independent decision on whether short lets are the right solution for you. While the Host will use reasonable skill in attracting bookings, Host cannot guarantee that you will make an income of any particular amount and Host will not be responsible for lost opportunity cost or loss of earnings if you don’t get any bookings for whatever reason. Nor Host is liable for the suitability of the Guests given that we rely upon the verification standards of the Homestay Website and the relevant profile pages to assess suitability.

10.3 While Host will use reasonable care to identify any issues that are readily apparent from regular inspection of the Property by the Host, but Host will not be responsible for the condition, safety or security of the Property. You, as the property owner, will be solely responsible for such conditions, safety and security and compliance with all laws, rules and regulations applicable to the Property.

10.4 You will be liable to the Guest in respect of the quality, safety and description of the Property and will also be responsible for ensuring that the Property is both available on the dates which have been booked and is in the condition as listed or described.

10.5 You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses including (without limitation) reasonable legal fees, arising out of, or in connection with, any breach by you of this agreement or the terms of any agreement you may have in place with the Homestay Website from time to time.

10.6 You will contract directly with a Guest and we will not be liable in respect of any matter arising which relates to a Booking between you, as Host, and a Guest which includes the breakage of any items at the property caused by the Guest or due to reasons beyond our reasonable control.

10.7 We will not be liable for the provision of services by third parties (any “Third Party Supplier”) including those who provide the Extra Maintenance Services or any other maintenance or repair services that we book on your behalf. However, we will ensure that we take reasonable care and skill in selecting such Third-Party Suppliers.

10.8 We will not be liable to you or be deemed to be in breach of this agreement 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 shortages, severe weather, power or other utility cut-offs, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar occurrences.

10.9 In no event shall we be liable for exemplary, incidental, indirect, special or consequential damages or for any business, financial or economic loss such as lost reputation, lost bargain, lost profit or loss of anticipated savings arising out of or resulting from this agreement (even if we have been advised of the possibility thereof or we are asked by the Host to act against what we believe to be their best interests) and whether such loss arises as a result of negligence, breach of this property management contract, or otherwise by us or any agent, employee or third party providing services on our behalf (including a Third Party Supplier) except to the extent the foregoing limitation is prohibited by applicable law.

10.10 Notwithstanding anything to the contrary herein, subject to any exceptions set forth in applicable law, our liability for all losses, damages, and other liabilities relating to or arising out of this agreement and the Services provided hereunder (including, without limitation, with respect to property damage, damage to valuable or fragile items at the Property, personal injury and death) will be limited to the cost of obtaining replacement services or the average one month’s Fee for our Services, whichever is the higher amount.


Miscellaneous

11.
11.1 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary approvals to do so.

11.2 The relationship between you and us is that of an independent contractor. We are not your agents, employees or partners. No partnership, joint venture, association, alliance, or other fiduciary, employee/employer, principal/agent or other relationship other than that of the independent contractor shall be created by this agreement, express or implied.

11.3 Each party acknowledges that these documents contain the whole agreement between the parties hereto and that it has not relied upon any oral or written representations made to it by the other or its employees or agents. Nothing in this clause shall limit or exclude any liability for fraud.

11.4 The parties agree that this agreement is fair and reasonable. However, if any provision of this agreement is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording was deleted, then such provision shall apply with such deletions as may be
necessary to make it valid and the remaining provisions shall remain in full force and effect and this agreement shall be enforced in such manner as carried out as closely as possible the intent of the parties hereto.

11.5 No failure or delay by us in exercising any right or remedy provided by law or under this agreement and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.

11.6 This agreement and any non-contractual rights or obligations arising from or in connection with this agreement shall be governed by and construed in accordance with the laws of Florida. You agree, as we do, to submit to the exclusive jurisdiction of Florida courts.


 Excluded Services

Appendix A -
At GQ Property Management, while we strive to provide comprehensive luxury property management services, there are specific services that fall outside the scope of our standard agreement. The following is a list of services not included within our management purview:

• Deep cleans including sofa, carpet and other upholstery cleanings.
• Coordinating structural or major repairs or maintenance works on the Property
• External window washing.
• Washing walls or repainting them.
• Furniture treatment.
• Animal waste removal.
• Gardening, garden shed cleaning, patio cleaning.
• Mold and/or bio-hazardous substance removal.
• Industrial cleaning.
• The lifting of heavy furniture.
• Cleaning surfaces above arms reach
• Cleaning of heavily soiled areas
• Extermination (insects etc.)
• Yard work or garage cleaning



Property Owner’s Responsibilities:

It remains the responsibility of the property owner to manage and finance these excluded services. GQ Property Management understands the importance of maintaining your property to the highest standards and, as such, can facilitate the coordination of these services upon the owner’s request. Please note:

Service Coordination

Upon request, GQ Property Management will assist in coordinating these excluded services. Our team will leverage our network of trusted professionals to ensure that your property receives the best care and service.

Financial Responsibility

While we are happy to assist in arranging for these services, the financial responsibility for the execution of such services rests solely with the property owner. We will ensure transparent communication regarding the costs associated and seek approval before any work is initiated.

Scheduling and Oversight

When services are requested, GQ Property Management will oversee the scheduling and quality of the work performed, providing peace of mind that your property is in excellent hands.

Guest-Ready Checklist

Appendix B -
GQ Property Management, reserves the right to buy these and charge you for them:

Bedroom Essentials: 

• Four Pillows per bed, two per twin
• One duvet per bed and two duvet covers
• Two sets of sheets per bed
• Mattress protector
• Blackout curtains / window blinds
• Bedside lamps
• Space to hang / store clothes
• Hangers
• Bedroom Furnishings
• Soft furnishings – rugs, extra cushions, throw
• Extra quilts/covers for emergencies

Kitchen facilities:

• Microwave
• Coffee Maker
• Large trash can
• Refrigerator

Kitchen Essentials (Per person):

• Plates, Bowls, Coffee mugs, glasses, wine glasses
• Forks, regular spoons, teaspoons, knives per person
• Cutting knives and a chopping board

Living Room Essentials:

• Coffee table
• TV + cable or another provider

Living Room Furnishings:

• Soft furnishings
• Floor lamps

Bathroom Essentials:

• Hairdryer
• Toilet brush
• Toothbrush holder
• Small trash can with cover

Bathroom Furnishings:

• Full-length mirror
• Toilet roll holder
• Rack or cabinet space for towels and guests’ toiletries
• Shower curtains for shower/bathtub (if necessary)

Cleaning Essentials:

• Mop and Bucket
• Vacuum cleaner
• Multi-surface cleaning liquid
• Dustpan & brush
• Dish detergent
• Washer detergent
• Diffuser liquid for bathrooms/room freshener
• Febreze fabric freshener
• Mold spray

Other Home Essentials:

• Working wi-fi
• Iron & Ironing Board
• Access to washer and dryer
• Clothes Stand
• Wine opener
• Bottle opener
• Extra batteries for remote controls
• Extra bulbs for lamps & ceiling down-lights with correct wattage and specs
 • Electric heaters for emergencies
• Smart lock coded deadbolt and batteries







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