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.