Terms and Condition Pass The Property Direct
Please read these Terms of Service prior to joining Pass The Property Direct UK carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Pass The Property Direct Platform, you agree to comply with and be bound by these Terms.
Last Updated: May 7th, 2020
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Table of Contents
TABLE OF CONTENTS
1. Overview Pass The Property Direct Services
2. Eligibility, Using the Pass The Property Direct Platform, Member Verification
3. Modification of these Terms
11. Booking Modifications, Cancellations and Refunds
13. Damage to Property and Contents
16. Cancellation of your services and agreement
1. OVERVIEW PASS THE PROPERTY DIRECT SERVICES
The Pass The Property Direct is an online market place that allows registered members (HOSTS) to offer properties for rent usually on a short term basis. This can be whole properties or individual rooms. Usually properties are let on a short term basis for vacation or business use.
In order to book these properties/ rooms a guest needs to also be a registered member (GUEST) of the platform. Once a registered guest books a property you can then communicate with them via the messaging service.
Pass The Property Direct is a platform and do not own or create HOST listings unless the HOST is specifically a Pass The Property managed client. Hosts alone are responsible for their Listings and Host Services. When members make or accept a booking, they are entering into a contract directly with each other. Pass The Property Direct does not become a party to or other participant in any contractual relationship between Members. It is your responsibility as a MEMEMBER to ensure that your listing and profile is accurate.
Pass The Property Direct’s main objective is to drive traffic to the platform to allow members to host and book properties ONLY. We have no legal obligation to get involved in disputes between members. Our scope is to showcase members properties in order to achieve bookings. All pricing, descriptions, photographs and accuracy is the responsibility of the member not Pass The Property Direct.
Should you have a dispute with a MEMBER it is your responsibility to resolve this amicably, under no circumstances will Pass The Property Direct mediate this. Remember poor customer service between members will lead to bad reviews and a decrease in bookings.
Reviews are always going to be subjective, Pass The Property Direct will look into removing any reviews that contain bad language, are giving personal details, such as entry codes, addresses or host details and if with evidence can be proven to be false. The evidence requested to remove a review will be on a case by case basis, but would usually consist of some solid evidence weather that be photos or messages. We will NOT remove any reviews because of accidents, or because you feel they are unfair.
We do not have control of reviews or listings therefore Pass The Property Direct do not accept any liability for inaccuracies within members profiles, listings or conduct of any Member or third party. Pass The Property Direct does not recommend any Member, Listing or Service. Any references to a Member being “Approved” (or similar language) only indicates that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an assurance, certification or guarantee by Pass The Property Direct about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable.
You should always undertake your own due diligence and care when deciding whether to stay in an Accommodation accept a booking request from a Guest, or communicate and interact with other Members whether online or in person.
Members do have the right to request additional information from a guest once a booking is confirmed to satisfy their requirements this could be:
- Terms and conditions
- Identification
- Proof of travel requirement
- Proof of Key worker status
- Additional Security deposits
However these requirements should be clearly listed within the original property advertisement so guests are aware they may be asked for this information prior to booking.
PLEASE NOTE: Should you then wish to cancel a booking because the Guest does not provide these details Pass The Property Direct will refund the guest automatically and you will be charged the commission of 7.5%. If you choose to set your own rules this does not mean you can keep the guests payment because they don’t provide you with the information you require.
Currently we do NOT have the provision to co-host on your account or listings.
Pass The Property Direct is not responsible for any disruptions of the Internet and telecommunications infrastructure which are beyond our control this may lead to interruptions in the availability of the Pass The Property Direct Platform.
Pass The Property Direct may, temporarily have to restrict the number of listings uploaded at any one time due to server limits and constraints. From time to time the platform may be temporary down for maintenance , improvements or issues beyond our control. We will always aim to get the platform up and running as soon as possible.
2. ELIGIBILITY, USING THE PASS THE PROPERTY DIRECT PLATFORM, MEMBER VERIFICATION
In order to become a member and use the Pass The Property Direct Platform or register an Pass The Property Direct Account you must be an individual at least 18 years old or a valid UK based existing business, organization or other legal entity
You will comply with any applicable UK laws in regarding to letting your property, this may comprise of gas safety checks, electrical safety certificates and in some instances PAT testing of electrical appliances. It is the responsibility of Members to ensure their properties are safe to let and you conform to your legal requirements.
Pass The Property Direct reserve the right to remove your account, listings or reviews at any time subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
User verification via the Internet is challenging and we do not assume any responsibility for the confirmation of any Member’s identity. We may ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against social media or other sources and request reports from service providers.
3. MODIFICATION OF THESE TERMS
Pass The Property Direct reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will update the Terms on the Pass The Property Direct Platform and update the “Last Updated” date at the top of these Terms. We have no obligation to serve notice of when modified terms become effective, however would aim to provide 7 days notice of new terms coming into effect where possible. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Pass The Property Direct Platform will form acceptance of the revised Terms.
4. ACCOUNT REGISTRATION
You must register an account (“Pass The Property Direct Account“) to use all features of the Pass The Property Direct Platform, such as advertising or booking a Listing. If you are registering an Pass The Property Direct Account for a business, organization or other legal entity, you automatically agree and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register an Pass The Property Direct Account using an email address and creating your own password. This can be reset at any time by clicking “reset my password”
You must provide accurate, current and complete information during the registration process and keep your Pass The Property Direct Account and public Pass The Property Direct Account profile page information up-to-date at all times.
You may not register more than one (1) Pass The Property Direct Account unless Pass The Property Direct authorizes you to do so. You may not assign or otherwise transfer your Pass The Property Direct Account to another party.
You are responsible for maintaining the confidentiality and security of your Pass The Property Direct Account log in details and may not disclose your credentials to any third party. You must immediately notify Pass The Property Direct if you know or have any reason to suspect that your credentials have been lost, stolen, hacked or any suspected unauthorized use of your Pass The Property Direct Account.
5. CONTENT
Pass The Property Direct allows Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on the Pass The Property Direct Platform. This is mainly when members become hosts and upload new properties with photos and descriptions.
Please be aware once this information is online, anybody can choose to download your images, content and description. Please ensure the information uploaded does not contain personal information including telephone numbers and property addresses. Pass The Property are not liable should somebody choose to use your images.
Please notify us immediately if you think a member of Pass The Property Direct is illegally or without permission using your photographs and content.
By uploading this information to the Pass The Property Direct site you automatically give us permission to use this content, photographs and videos for marketing purposes. Your listings may be automatically promoted or offered on the homepage for free. We may also use your content to use in newsletters, website or other marketing material.
You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Pass The Property Direct ’s policy.
Pass The Property Direct may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Pass The Property Direct ’s current Policies or Standards, or otherwise may be harmful or offensive to Pass The Property Direct , its Members, third parties, or property. Where Pass The Property Direct removes or disables Member Content, Pass The Property Direct will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting bookings@passtheproperty.co.uk
Pass The Property Direct respects copyright law and expects its Members to do the same. If you believe that any content on the Pass The Property Direct Platform infringes copyrights you own, please notify us at bookings@passtheproperty.co.uk
6. SERVICE FEES
Pass The Property Direct may charge fees to Hosts (“Host Fees“) and/or Guests (“Guest Fees“) (collectively, “Service Fees“) in consideration for the use of the Pass The Property Direct Platform. More information about when Service Fees apply and how they are calculated can be found on our Fees Page
Currently Pass The Property Direct ONLY charge the host 7.5% of the total booking value including the cleaning fee and additional guest charges. There is no service fee to the guest at the current time.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Pass The Property Direct reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
You are responsible for paying any Service Fees that you owe to Pass The Property Direct . The applicable Service Fees (including any applicable Taxes) are collected by Pass The Property Direct Payments. Pass The Property Direct Payments will deduct any Host Fees from the Listing Fee before forwarding the payout to the Host
7. TERMS SPECIFIC FOR HOSTS
Terms applicable to all Listings
When creating a Listing through the Pass The Property Direct Platform you must provide comprehensive and correct information about your Property and booking requirements (such as listing description, location, and calendar availability), disclose any restrictions (such as house rules) and requirements that apply (such as any minimum age) and provide any other relevant information requested by Pass The Property Direct . You are responsible for keeping your Property listing (including calendar availability) up-to-date at all times.
You are Solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing. Once a Guest requests a booking of your Listing or uses instant book you may not request that the Guest pays a higher price than in the booking request. Other than any additional fees listed on your listing.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
Images or videos used in your Listings must accurately reflect the quality and condition of your Property. Pass The Property Direct reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Listings in search results on the Pass The Property Direct Platform may vary depending on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
When you accept a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide the same property to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
Pass The Property Direct recommends that Hosts obtain appropriate insurance for their property. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
8. LISTING ACCOMMODATIONS
Unless expressly allowed by Pass The Property Direct , you may can only have one listing per property unless you are listing separate rooms in one property. Under no circumstances can you have two separate listings for the same property. Anybody found doing this may have their account suspend ed and listings removed.
If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit“). Either in “additional rules or Information” section or clearly listed under the pricing tab under “additional costs- security deposit”
Any Listing you offer to guests must have the necessary consents from your mortgage providers, letting agents or landlord, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).
9. TERMS SPECIFIC FOR GUESTS
Terms applicable to all bookings
Subject to meeting any requirements, completing any verification processes set by Pass The Property Direct and/or the Host, you can book a Listing available on the Pass The Property Direct Platform by following the simple booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Pass The Property Direct Account.
Upon receipt of a booking confirmation from Pass The Property Direct , a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including the applicable cancellation policy and any rules and restrictions specified in the Listing. This could be additional ID verification, signed terms and conditions or a combination of both. Pass The Property Direct Payments will collect the Total Fees at the time of the booking.
To receive a full refund, you must cancel at least 30 days before check-in
If you cancel between 7 and 30 days before check-in, you’ll be refunded 50% for all nights
If you cancel less than 7 days before check-in, you wont receive any refund
You can also receive a full refund if you cancel within 48 hours of booking, if the cancellation occurs at least 14 days before check-in
10. BOOKING ACCOMMODATIONS
You understand that a confirmed booking of an Accommodation is a agreement to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
Usually the Host can enter during an emergency situation, at your request, maintenance issues and if they believe you are using the property unlawfully or against their rules. This means if you are having a party that is causing disturbance and the house rules say no parties, the host has the right to enter the property and ask you to leave without a issuing a refund.
You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or unless late check out is agreed between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with UK law. You may also be charged late check out fees at the hosts discretion.
11. BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS
Hosts and Guests are responsible for any modifications to a booking that they make via the Pass The Property Direct Platform and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
Guests can cancel a booking at any time in line with the Listing’s cancellation policy set by the Host, and Pass The Property Direct Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. If extenuating circumstances apply, then Pass The Property will make the decision on behalf of the host to if a refund should be given. Once the decision is made it is final and will not be overturned, we are not obliged to forward onto the host the evidence we receive from the guest. Extenuating circumstances are entirely subjective and are down to the direction of Pass The Property Direct, we aim to be fair to everyone as much as we can.
If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for the booking. Pass The Property Direct may publish a review on the Listing stating the reservation was cancelled by the Host indicating that a booking was cancelled. In addition, Pass The Property Direct may:
- Temporarily or permanently close the calendar for the Listing
- Charge a cancellation fee of 50% of the total value of the booking including any additional charges, taxes and cleaning fees, this does not include the security deposit. Unless the Host has a valid reason for cancelling the booking under extenuating circumstances or has legitimate concerns about the Guest’s behaviour.
- If extenuating circumstancesapply, then Pass The Property will make the decision on behalf of the host to if a refund should be given. Once the decision is made it is final and will not be overturned, we are not obliged to forward onto the host the evidence we receive from the guest. Extenuating circumstances are entirely subjective and are down to the direction of Pass The Property Direct, we aim to be fair to everyone as much as we can.
12.RATINGS AND REVIEWS
Usually within 7 days after completing a booking, Guests and Hosts can leave a public review and submit a star rating about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Pass The Property Direct . Ratings and Reviews are not verified by Pass The Property Direct for accuracy and may be incorrect or misleading.
Ratings and Reviews by Guests and Hosts must be accurate and may not contain any offensive language or personal information such as property address or lock box codes etc. Ratings and Reviews are subjective but must comply with Pass The Property Direct ’s policies.
13. DAMAGE TO PROPERTY AND CONTENTS
As a Guest, you are responsible for leaving the Accommodation, furnishings and keys in the condition it was in when you arrived. You are responsible for your own acts and are also responsible for actions or behaviour of any individuals whom you invite to, or otherwise provide access to, the Accommodation.
If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any furniture inside or out of the property. They may wish to deduct this damage amount from your security deposit if applicable. It is down to the host and the guest to try and resolve any disputes or damages in the first instance. There may be instances where the security deposit does not cover the level of damaged caused, we would then advise the host to claim from their insurance policy. Pass The Property Direct do not accept any responsibility or liability for guest behaviour or damages. However with reasonable evidence Pass The Property direct may ban that individual guest from the platform.
14. TAXES
As a Host you are solely responsible to take care of your own taxes. Pass The Property Direct accept no liability of your individual tax circumstances or liabilities, we are not qualified to offer any tax advice.
15. BANNED ACTIVITIES
You are responsible for your own actions and must act within all laws, rules, regulations, and Tax obligations that may apply to your use of the Pass The Property Direct Platform. In connection with your use of the Pass The Property Direct Platform, you will not and will not assist or enable others to:
- Attempt to break the law
- copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Pass The Property Direct Platform in line with GDPR laws and regulations.
- You may not advertise other services other than accommodation on platform, from management to cleaning or any other service that is not accommodation. NO SPAM or you will be removed immediately.
- offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Pass The Property Direct Platform;
- You may only book accommodation as a guest that you intend to stay in unless you are booking on behalf of a company.
- No advertising to members about any other service, website, other business or booking platform.
- DO NOT try to approach guests directly to bypass the Pass The Property system to avoid the fees and charges. Any member found doing this will immediately be removed.
- request, accept or make any payment for Listing Fees outside of the Pass The Property Direct Platform If you do so, you: accept all risks and responsibility for such payment,
- discriminate against or harass anyone on the basis of race, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
- use, the Pass The Property Direct Platform Content, or any individual element within the Pass The Property Direct Platform, Pass The Property Direct ‘s name, any Pass The Property Direct trademark, logo or other information, without Pass The Property Direct ‘s express written consent;
- You may not write false and damaging information about Pass The Property Direct or any other associated businesses, online or via social media, any concerns should be emailed into bookings@passtheproperty.co.uk
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Pass The Property Direct Platform for any purpose;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Pass The Property Direct Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Pass The Property Direct Platform;
You understand that Pass The Property Direct has no obligation to monitor Member Content or illegal activity, but has the right to review, disable access to, or edit any Member Content. We expect members to cooperate with and assist Pass The Property Direct in good faith, and to provide Pass The Property Direct with such information and take such actions as may be reasonably requested by Pass The Property Direct with respect to any investigation undertaken by Pass The Property Direct or a representative of Pass The Property Direct regarding the use or abuse of the Pass The Property Direct Platform.
If you feel that any Member you engage with, whether online or in person, is acting or has acted illegally or caused offence including engages in offensive, violent or sexually inappropriate behaviour, you should immediately report such person to the appropriate authorities.
16. CANCELLATION OF YOUR SERVICES AND AGREEMENT
You may terminate this Agreement at any time by sending us an email to bookings@passtheproperty.co.uk, If you cancel your Pass The Property Direct Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. You will also incur a 50% cancellation charge for each cancelled booking this includes any taxes, service and cleaning fees, but does exclude the security deposit.
If you cancel your Pass The Property Direct Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
Pass The Property Direct has the right to terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
Pass The Property Direct may immediately, without notice, terminate this Agreement and/or stop providing access to the Pass The Property Direct Platform if you have breached any of the section 15 banned activities or for any other reason Pass The Property Direct feel fit.
To receive a full refund, you must cancel at least 30 days before check-in
If you cancel between 7 and 30 days before check-in, you’ll be refunded 50% for all nights
If you cancel less than 7 days before check-in, you wont receive any refund
You can also receive a full refund if you cancel within 48 hours of booking, if the cancellation occurs at least 14 days before check-in
