Please read these Agency Terms and Conditions (‘Agreement’) carefully and all other relevant information brought to your attention before conducting business with West Wales Holiday Cottages Ltd. (company no. 12099176, registered address Llys Deri, Parc Pensarn, Carmarthen, United Kingdom, SA31 2NF, from herein referred to as ‘we’, ‘us’ and ‘our’).
In this Agreement:
a. ‘you’, ‘your’, ‘yourself’ means the owner of holiday accommodation detailed in the registration document or anyone authorised by you (including anyone who is added or substituted at a later date). b. ‘Guest’ means the group, person or persons who have booked your holiday accommodation. Unless the context otherwise requires words in the singular shall include the plural and vice versa. c. ‘Accommodation’ means the accommodation, property amenities and/or related equipment provided by you to the Guest. d. ‘Platform’ means our Platform where we advertise your Accommodation on your behalf.
This Agreement governs the relationship between yourself and us and any Guest Accommodation booking, ultimately provided by yourself to the Guest. Any Guest Accommodation booking made with us will be subject to this Agreement and our Privacy Policy. Where there is inconsistency between any existing or supplementary terms and this Agreement, this Agreement shall prevail.
Execution by you of this Agreement (thereby agreeing to be bound by the terms of this Agreement) is achieved once you have signed our terms and conditions. Where there is inconsistency between any existing or supplementary terms and the terms of this Agreement, the terms of this Agreement shall prevail.
1. Appointment of Agency
1.1 You hereby appoint us as your booking agent to facilitate the bookings made by Guests for your Accommodation on your behalf and we agree to act as such. 1.2 As such, you are responsible for providing the Accommodation to the Guest and your contract is directly with the Guest and you accept such responsibility
2. Your Duties
2.1 You agree to: a. be liable to the Guest for the provision of the Accommodation booking; b. ensure terms and conditions for the Accommodation booking between yourself and the Guest will be made accessible to us so we are able to present to the Guest before any Accommodation booking can be confirmed (a suggested set of Terms and Conditions is available on request; c. pay a one-off, non-refundable registration fee (plus VAT) ‘Registration Fee’; d. the copyright of any photography conducted and/or arranged by us being owned by us, thereby strictly prohibiting your use of these photographs in any which way including (but not limited to) any other commercial website, social media platform, or any online or offline media and or for any marketing use whatsoever promoting the Accommodation other than through us; e. where unauthorised use described in clause 2.1(d), a penalty fee (of which will be confirmed to you at time of breach notification) for a breach of copyright and of the terms of this Agreement will be payable by you to us immediately; f. pay us our owed Commission as per clause 6 and the applicable Schedule of your Plan; g. the administration and communication provided by us in relation to the Guest and the Accommodation will be wholly dependent on the Plan you have chosen to be part of (please see applicable Schedule); h. be responsible for regularly checking your emails and keeping any of your Guests and us immediately aware of any change to your contact details (including email address); i. supply the Accommodation at the rates agreed which are inclusive of all taxes and service charges; j. not display a higher rate for your Accommodation on our Platform than is displayed and/or advertised elsewhere including (but not limited to) any other platform and/or website (social media or otherwise) or other service, whether directly advertised by yourself or indirectly by another; k. where we discover a breach of clause 2.1(j), we will either:
i. take this as notice as the updated price of your Accommodation and update your Accommodation on our Platform accordingly; or ii. contact you and provide 7 days to remedy the issue; failure to remedy such issue within this timeframe will result in a penalty and may lead to further actions, including the removal of your Accommodation from our Platform and termination of this Agreement;
l. ensure you act in good faith and with due care and skill when providing us accurate and up to date descriptions and photography (with photography given and/or kept in-line with clause 3 below) and any associated documentation in relation to your Accommodation which we have agreed to display on our Platform; m. when requested to do so by us, approve any description(s) and/or other wording prepared by or on behalf of us for any purpose whatsoever in relation to your Accommodation; n. where approval has been given by you to us as in clause 2.1(m) above, all such approved description(s), photographs and/or other wording in relation to the Accommodation are and shall remain correct; o. us owning the rights to any Accommodation description written by us and displayed on our Platform; p. allow us the right to amend or change any Accommodation description on our Platform if we believe such changes will enhance the attractiveness of the Accommodation listing or improve search engine optimisation (SEO); q. our right to remove or display photographs related to the Accommodation as we deem appropriate, as the Platform and its content are our sole property; r. ensure that at all times for the duration of this Agreement, the Accommodation will be provided:
i. in compliance with the descriptions represented by you or on your behalf. ii. using all due skill, care and diligence and shall conform to all planning, licensing and other requirements as may be imposed by national, local or other laws or regulations for the purpose of their use by Guests and shall at all times during the validity of this Agreement comply fully with EEC national and trade laws, regulations and codes of practice, relating to hygiene, fire, the general safety and security of those on the premises or in any way affecting its operation;
s. in the event of any alteration, suspension, deficiency, failure or other change to the Accommodation of any nature which may adversely affect the enjoyment or quality of Guest’s stay (‘Deficiency’), you undertake at your own cost to immediately either:
i. take all reasonable steps to remedy the Deficiency; or ii. offer suitable alternative Accommodation which is of equal or higher standard to the Accommodation in question and which also complies with the conditions set out in this Agreement;
t. to maintain your Accommodation to a high standard and level of cleanliness; u. to submit the Accommodation availability for the next calendar year(s) to us by 30 September of the preceding year, failing which we may exercise our right under clause 15.1(f) to terminate this Agreement. For any property joining the West Wales Holiday Cottages platform on or after 1 July 2024, you shall ensure that availability on the West Wales Holiday Cottages website is at all times no less than that offered on any other website, application, or social media platform.; v. ensure that you have in force at all times during the period of this Agreement a comprehensive insurance policy which will provide cover in the event of any Guest’s claim including (but not limited to) a Guest suffering from death, personal injury or any loss of whatever nature, with such cover to be effective where the death, personal injury or loss is caused by the negligent acts or omissions of you, your employees, servants or agents or suppliers and you further agree to provide, upon request, proof of such insurance cover to us; w. to comply with the conditions required by our Photography Terms located in clause 3 below; and x. where a Guest brings a chargeback against us, you recognise as we act as your agent, any Guest chargeback issued against us is wrongfully brought and you agree to:
i. fully cooperate and assist in making this known to the Guest; ii. fully cooperate and assist in making this known to the applicable bank(s); and iii. where such action described in clause 2.1(x)(i) – (ii) is unsuccessful, you agree to promptly meet the indemnity described and agreed to in clause 10.4 and 10.5 below.
3. Photography Terms
3.1 As per clause 5.2(c) below, professional photography of your Accommodation is required as part of our enrolment process, to enable our allowance of your Accommodation being advertised on the Platform. 3.2 Where you are a Legacy Client (as defined in clause 5.4(a)), we may not have required professional photography when you joined. However, Legacy Clients agree to our requirement that all Accommodation marketed and listed on our Platform must be displayed by photographs which:
a. are of a professional and of high quality which aligns with our standards; b. are of a same or higher quality as those used on your own website and/or any other website/advertising platforms where you advertise your Accommodation; c. accurately represent your Accommodation; d. show your Accommodation in the best possible light; and e. are kept up-to-date where changes to the Accommodation occur. f. are a minimum of 20 interior and exterior photographs that comply with our standards.
3.3 Where there is a change to your Accommodation, to adhere to your duty in clause 2.1(l) above, you must notify us immediately of any changes and provide photographs which abide to clause 3.2(a)-(e) above. 3.4 Where we deem the photographs of Legacy Client Accommodation to not meet requirements in clause 3.2(a)-(e) above, we will inform you of this and require professional photographs to be taken, at your own cost (we can refer you to professionals who meet such standards).
3.5 Where it is found that clauses 3.3 and/or 3.4 is not adhered to, we reserve the right to remove the Accommodation from our Platform and terminate this Agreement.
4. Our Duties
4.1 We act as your agent and thereby have no liability to the Guest for the provision of any Accommodation bookings made through our Platform. 4.2 We have no liability for any acts or omissions of any Guest (or any person connected to that Guest) in relation to any Accommodation bookings made on our Platform or where you are part of any of our Plans. 4.3 Our role as your agent includes, and you thereby permit us to:
a) advertise and market your Accommodation; b) source Guests for your Accommodation; c) deal with Guest enquiries where such option is part of your Plan; d) make Guest Accommodation bookings on your behalf; e) administer Accommodation bookings once the Accommodation has been listed where allowed by your Plan; and f) carry out and provide general customer care to the Guest. ((a)-(f) together, “Services”).
4.4 We reserve the right to charge the Guest a booking fee for each Accommodation booking made through our Platform. 4.5 We reserve the right to enter into agreement with other owners at any time to provide similar Services. 4.6 Where you provide us with updates in either content or imagery in relation to your Accommodation, we shall include updates on our Platform within 7 working days of receipt but will not be liable to you or the Guest in relation to information provided by yourself. 4.7 We reserve the right to amend these Terms and Conditions. Where we make a minor update to any terms to this Agreement, we will notify you of such changes by email notification. Where we make significant changes to any terms to this Agreement, we will require re-execution of this Agreement and will notify you how such action can be met.
5. Enrolment Process & Our Plans
5.1 Upon execution of this Agreement and in order to engage our Services, a one-off, non-refundable registration fee (plus VAT) (“Registration Fee”) will be payable at the time of registration. 5.2 Payment of the Registration Fee:
a. will enrol you into one of our Plans, as elected by yourself; b. gives you access to our Platform and the Owner Hub; c. includes the cost of professional photography organised by us; d. is chargeable per Accommodation which you wish to list on our Platform, subject to a sliding scale calculated by the number of Accommodations you wish to list with us; and e. must be settled by yourself prior to us uploading your Accommodation(s) to our Platform.
5.3 We have four (4) plans (“Plan(s)”)
a. Gold Plan (please see Schedule 1 for more detail); b. Diamond Plan (please see Schedule 2 for more detail); c. Gold Plus Plan (please see Schedule 3 for more detail); and d. Diamond Plus Plan (please see Schedule 4 for more detail).
5.4 Depending on when you first engaged our Services, depends on which Plan was made available to you. Where our Services were engaged:
a. prior to 1 July 2024, you are a deemed a legacy client(s) (“Legacy Client(s)”) and the Gold Plan (please see Schedule 1), Diamond Plan (please see Schedule 2), Gold Plus Plan (please see Schedule 3) or the Diamond Plus Plan (please see Schedule 4) were made available to you; b. from 1 July 2024 or onward, the only Plans available to you are the Gold Plus Plan (please see Schedule 3) or the Diamond Plus Plan (please see Schedule 4).
5.5 Please see the corresponding Schedule of your elected Plan which will give more detail as to what is included and/or required under your Plan. 5.6 You may transfer between the Gold Plus Plan or the Diamond Plus Plan, one time per 12 month period, contingent on you giving us a 30 day notice, with such notice only coming into effect once received by us in writing. Legacy clients may transfer between any plan on the same terms.
6. Commission & Invoicing
6.1 We charge a commission on the total Accommodation booking value excluding the refundable security deposit (where applicable) (‘Commission’), based on the Plan you are a member of (please see the applicable Schedule relevant to your chosen Plan). 6.2 Where the owed Commission falls below our minimum fee, the following minimum Commission applies:
a. £35 + vat on Accommodation bookings that are 7 nights or more; or b. £25 + vat on Accommodation bookings that are 6 nights or less.
6.3 Please note the Commission we charge becomes due upon confirmation of an Accommodation booking and therefore may be deducted or invoiced and thereby payable (as per the option chosen in clause 6.4 below), prior to when a Guest’s stay at the Accommodation is to take place (with exception to some plus plan platforms).
6.4 For Commission which is owed to us, we can either:
a. invoice you as per the steps in clause 6.5 (a)-(d) below; or b. deduct our owed Commission from the corresponding Guest’s funds and will issue an invoice to you following, confirming the received Commission. If you choose to utilise this option, you must confirm this to us.
6.5 Where you choose the option in clause 6.4(a) above, your invoice:
a. will be issued to you on a monthly basis (and may include any additional fees payable); b. must be paid using the nominated payment methods stated on the invoice by us (please note part payment and/or payment made by cheques is not accepted by us); c. must be paid by you within 14 days from us issuing the invoice; d. is deemed settled by you when our bank has cleared the funds; e. amount cannot be altered without prior written agreement from ourselves.
6.6 If your invoice is not settled within 28 days:
a. we will suspend your Accommodation listing on our Platform; b. you will be charged a fee for the late payment, with such fee being confirmed to you at the time; and c. such late fee will be added to your account and invoiced within the payment schedule of the following month.
6.7 We reserve the right to deduct monies from Guest funds before such Guest funds are transferred to you where:
a. an invoice issued to you by us is not settled in accordance with our payment terms in clauses 6.5 or 6.6 above; or b. an indemnity in relation to Guest chargebacks is triggered, as agreed in clause 10.4 and 10.5 below.
7. Guest Payments
7.1 All Guest payments made are facilitated by us, as your agent, using our payment system or any third party provider we choose. 7.2 It is a condition of this Agreement that you are strictly prohibited from accepting payments from any Guest outside of the option stated in clause 7.1, either directly or otherwise. 7.3 All monies taken from Guests by us are held on trust by us as your agent until passed to you or refunded to the Guest as per clause 7.4 below (or where clause 6.7 is triggered). 7.4 You agree that all Accommodation bookings made on our Platform will be subject to the following payment plan by the Guest:
a. Guests will pay a 25% deposit at time of the Accommodation booking where the Accommodation booking is more than 6 weeks away; b. the remainder of the Accommodation balance is due at 6 weeks prior to the Guest’s arrival; and c. if an Accommodation booking is within 6 weeks of the start of the Accommodation in question, the full amount will be due at the time of Accommodation booking. d. For Accommodation bookings made via OTAs, payments will be according to the terms set out by the OTA.
8. Cancellation by the Guest
8.1 Where a Guest makes a cancellation within 24 hours of the Accommodation booking being made, you will not be charged Commission for the booking, as long as you inform us within the same 24 hour period. 8.2 When the Guest makes a cancellation after the 24 hour period stipulated in clause 8.1 above, the cancellation policy as set out in your own terms and conditions will apply. 8.3 Once a Guest Accommodation booking has been confirmed by us on your behalf, we have provided our Service. Therefore, any cancellation made by the Guest outside of the 24 hour period stipulated in clause 8.1 above does not impact the Service we have provided and Commission remains payable by you to us. 8.4 We will make every effort to secure a replacement Guest booking for your Accommodation, but such replacement Accommodation will still incur an additional Commission to become payable. 8.5 When a Guest makes a cancellation, the Guest’s refund will be dealt with as follows:
a. If the amount has already been transferred to your nominated account you will issue the amount owed (if any, based on your cancellation policy) to us within 24 hours following notification of said cancellation so we may refund the guest on your behalf; and b. we will refund the Guest within 48 hours of receipt of funds to the original payment method. c. If the amount has not been transferred to your nominated account we will issue the refund to the guest within 48 hours of notification.
8.6 In either case stipulated in clause 8.5(a) or 8.5(b), the refund payable to the Guest will be calculated based on your cancellation policy outlined in your terms and conditions.
9. Cancellation by You
9.1 Please note the terms in this clause 9 does not apply to Guest Accommodation bookings made through any OTAs (rather than on our Platform) and it will be the OTA’s terms and conditions (as per Schedule 3, clause 7 and Schedule 4, clause 12) which will apply and govern the terms which apply when you cancel a Guests Accommodation booking.
9.2 Where you wish to cancel a Guests Accommodation booking that was booked on our Platform:
a. within a 24 hour period of the Accommodation being made and you notify us within that same 24 hour period:
i. commission will not be charged to you by us; but ii. a £35 + VAT cancellation charge will be payable by you to us;
b. after the first 24 hour period stipulated in clause 9.2(a) above, full Commission will be payable by you to us; and c. in either case stipulated in clause 9.2(a) or 9.2(b) above, the refund payable to the Guest will be calculated based on your cancellation policy outlined in your terms and conditions.
9.3 The Guest’s refund due to your cancellation of their Accommodation on our Platform will be dealt by:
a. If the amount has already been transferred to your nominated account you will issue the amount owed (if any, based on your cancellation policy) to us within 24 hours following notification of said cancellation so we may refund the guest on your behalf; and b. we will refund the Guest within 48 hours of receipt of funds to the original payment method. c. If the amount has not been transferred to your nominated account , we will issue the refund to the guest within 48 hours of notification..
10. Liability
10.1 You will indemnify us for all liabilities reasonably incurred in our performance of our Services on your behalf. 10.2 As we act as booking agent for you we cannot accept any liability for:
a. any shortcomings or defects within and/or outside the Accommodation, with the Accommodation’s contents, or other facilities ancillary to the Accommodation; b. any act, or omission by you or anyone acting on your behalf; and c. loss or damage arising from their or your breach of contract, negligence or misrepresentation.
10.3 We do not exclude liability for death or personal injury which arises as a result of our negligence or that of our employees whilst in the course of their employment. 10.4 You, your employees, agents and sub-contractors accept liability and agree fully to indemnify us in respect of all losses, damages, liabilities, expenses and demands of whatever nature (including without limitation any professional fees incurred by us and any compensation payments, chargebacks wrongfully incurred by Guests, refunds or credits to any Guest(s)) which we may suffer or incur directly or indirectly as a result of (a) any breach by you of any term or condition of this Agreement; and/or (b) the death, injury or illness (including fatality) of any person for whom we may be responsible or for which we may have any liability and which is caused by or arises out of any wrongful or negligent act or omission of, or any breach of this Agreement by, you, your employees, agents or sub-contractors; provided that you shall not be liable in respect of anything arising directly as a result of our sole fault. 10.5 The indemnity in clause 10.4 above in relation to any chargeback losses we incur from Guests will be irrespective of any breach by you of this Agreement, or any fault on your part. 10.6 This indemnity shall survive and remain in full force and effect after the termination (for whatever reason) or expiry of this Agreement.
11. Online payments service
11.1 We will provide a payment facility(s) on our Platform, enabling a Guest to make payment to you via us using a payment method nominated at the time of payment being taken for the Accommodation booking. 11.2 We reserve the right to change or withdraw such payment facility on our Platform at any time, at our sole discretion. 11.3 Although we provide the payment facility to enable such payments, we are not responsible for the payment facility themselves and/or the processing of Guest payments. 11.4 Any of the facilitating of Guest payments will be done as us acting as agent and will remain an outside party to the Accommodation booking and related contract between you and the Guest.
12. Damage to Accommodation & Contents
12.1 Where you require a security deposit for your Accommodation, you must notify this to us and we will take this from the Guest and hold on your behalf at the time of the Accommodation booking and until the Guest’s departure from the Accommodation. 12.2 It is your responsibility to inform us within 5 days of the Guest’s departure if there are any issues in relation to the Accommodation that would prevent the security deposit from being refunded to the Guest and the exact amount as to what you require to satisfy such issues. 12.3 Where you believe the security deposit is owed by the Guest following the Guest’s departure, and you have informed us of the amount owing (as specified in clause 12.2 above) within 5 working days:
12.3.1 we will issue the entire security deposit to yourself; or 12.3.2 where only partial of the security deposit is owing, we will issue that amount to yourself and the remaining amount back to the Guest.
12.4 Where you have not informed us of any issues and/or where you have not confirmed to us to retain and issue the security deposit to yourself, we will issue the security deposit back to the Guest on the 8th working day following their departure. 12.5 You remain responsible for liaising directly with the Guest regarding any refund or further associated correspondence. 12.6 Any disputes with the Guest must be handled between you and the Guest and as agent, we remain not liable for any Accommodation or Guest disputes. If you retain any portion of the deposit and a guest initiates a chargeback, you will be liable to us under Clause 2.1(X) above
13. Owner Hub
13.1 The Owner Hub is our web-based owner area which you will be given access to upon entering into this Agreement. 13.2 On the Owner Hub you will be informed of Accommodation Bookings as well as via email and/or text message. 13.3 You are responsible for keeping your Owner Hub login details confidential and if you become aware of any unauthorised use of your Owner Hub details, you must notify us immediately. 13.4 While we strive to ensure the Owner Hub is accessible and free from errors or viruses, we do not guarantee uninterrupted access or the absence of issues related to its use, availability, or functionality. We will make reasonable efforts to maintain and support the Owner Hub.
14. Accommodation for sale
14.1 You must tell us if your Accommodation is placed on the market for sale. 14.2 When we are informed or discover your Accommodation is being placed on the market for sale, we may continue to advertise your Accommodation on a 3 month rolling basis, from when you inform us and any bookings taken and/or scheduled during this period are to be honoured by yourself. 14.3 Once you have notified us of a sale of the Accommodation, we will remove the Accommodation listing from our Platform and clause 15 will be triggered. 14.4 You remain liable to, and in contract with, each Guest who has a confirmed Accommodation booking with you. As a reminder, such liabilities may include:
a. communicating to the affected Guest(s), before the sale of your Accommodation is complete, about the sale and change of ownership to your Accommodation; b. ensuring the proper facilitation of all monies due or owed between the Guest, us or the new owner. We are not liable for outstanding payments you may owe or be due; and c. using your best endeavours in making the process of the sale and communication with the Guests, ourselves or new owner(s) is as streamlined, transparent and efficient as possible. d. If a refund is due between you and the guest, the funds must be returned to us for transfer to the guest. Failure to do so may result in chargeback liability under Clause 2.1(X)
15. Termination
15.1 We reserve the right to remove your Accommodation listing(s) and terminate this Agreement immediately and without notice in the following scenarios:
a. where you are in serious or persistent breach of your obligations under this Agreement and you fail to remedy such breach within seven (7) days of being notified of the breach by us; and/or b. where there is a change in ownership of the Accommodation (see clause 14); and/or c. you have made 3 cancellations to Guest Accommodation bookings within a 12 month period; and/or d. either you or we become insolvent, go into liquidation and/or bankruptcy; and/or e. if, in our opinion, the Accommodation is no longer considered suitable for advertising on our Platform, meets our standards, or the Guest standards; and/or f. either you remove all availability to your Accommodation, have no bookable dates or you do not input your Accommodation’s availability for the upcoming year as required by you under clause 2.1(u) and/or g. where you breach clause 4.5 in Schedule 3 or clause 9.5 in Schedule 4.
15.2 Any termination pursuant to this clause 15 shall be without prejudice to any Accommodation bookings or any other rights or claims, which we may have against you. 15.3 Should you choose to terminate this Agreement, you agree to the following notice periods:
a. 90 days notice if a member of either Gold Plan or Diamond Plan; b. 90 days notice following the required 3 month minimum term if a member of either the Gold Plus Plan or Diamond Plus Plan (please see Schedule 3 or Schedule 4 for further detail).
15.4 Should you wish to re-appoint us as your agent, you may do so free of charge, at our discretion, (no Registration Fee will be payable), if re-appointing us within 3 months of terminating this Agreement. 15.5 Should you wish to re-appoint us after the timeframe stipulated in clause 15.4 above, we reserve the right to charge our Registration Fee. 15.6 In either instances stipulated in clauses 15.4 or 15.5 above, where the photography associated with your Accommodation no longer accurately represents your Accommodation, or such photography does not meet our standard as stipulated in clause 3, our rights reserved in clause 3 will be engaged which we will notify you of.
16. Protecting Personal Information
16.1 We share Guest personal data with you in order to provide our Services and/or assist the Guest’s Accommodation bookings. Such personal data is shared with you for this purpose only. 16.2 Both Parties agree to abide by the relevant data laws applicable to the contract, including the Data Protection Act 2018. This includes:
a. storing it securely; b. not sharing it; and c. not using it for any other purpose (including, but not limited to, marketing).
16.3 We share your personal data with Guests who book your Accommodation. 16.4 For further information as to what data we collect and how we deal with Guest data, please refer to our Privacy Policy.
17. Law and Jurisdiction
This Agreement and all matters arising out of it shall be construed and governed according to English law. The parties agree that any dispute(s) they may have will be exclusively dealt with by the Courts of England and Wales.
Schedule 1: Gold Plan
1. Background 1.1 If you are a Gold Plan member (and therefore a Legacy Client), you manage all administration and communication with the Guest whether prior, during or following the Guests stay at your Accommodation and the terms of the main above Agreement continue to apply. 1.2 From the 1 April 2025, a 15% + VAT Commission of the total booking value (excluding any refundable security deposit, where applicable) will be chargeable on Gold Plan Accommodation bookings generated by us. 1.3 If you are a Legacy Client and wish to transfer from a Gold Plus Plan or Diamond Plus Plan to a Gold Plan (“Transfer Request”), you agree such approval by us of a Transfer Request is:
a. at our sole discretion; b. conditional on an initial 3 month minimum term of either Gold Plus Plan or Diamond Plus Plan (“Initial Term”); and c. subject to a 90 day notice period following the Initial Term, with such change of Plan taking effect on the 1st day of the following month, upon completion of the 90 day notice period.
Schedule 2: Diamond Plan
2. Background 2.1 If you are a Diamond Plan member:
a. we will handle all pre-booking Accommodation enquiries from Guests and any pre-arrival Accommodation administration required by yourself or your Guests on your behalf; b. we can apply discounts to Accommodation bookings in accordance with your general instructions; c. you will manage the Accommodation and all related matters to the Accommodation booking from the Guest’s arrival and onwards; and d. all terms in the above main Agreement continue to apply.
2.2 From the 1 April 2025, an 18% + VAT Commission of the total booking value (excluding any refundable security deposit, where applicable) will be chargeable on Diamond Plan Accommodation bookings generated by us. 2.3 If you are a Legacy Client and wish to transfer from a Gold Plus Plan or Diamond Plus Plan to a Diamond Plan (“Transfer Request”), you agree such approval by us of a Transfer Request is:
a. at our sole discretion; b. conditional on an initial 3 month minimum term of either Gold Plus Plan or Diamond Plus Plan (“Initial Term”); and c. subject to a 90 day notice period following the Initial Term, with such change of Plan taking effect on the 1st day of the following month, upon completion of the 90 day notice period.
Schedule 3: Gold Plus Plan
3. Background 3.1 Please note, if you entered this Agreement from 1st July 2024 or onward, the only plans available to you are the Gold Plus Plan or the Diamond Plus Plan.
4. Gold Plus Plan Terms 4.1 By registering onto the Gold Plus Plan, you permit us to:
a. handle any pre-arrival Accommodation administration required by yourself or your Guests on your behalf, except for bookings made through our platform of which you are responsible in sending out the information. You will manage the Accommodation and all related matters to the Accommodation booking from the Guest’s arrival and onwards b. advertise your Accommodation on our Platform, in line with the terms at clause 6 below; c. automatically enrol you into our Compulsory Pack.
i. For the purposes of this Agreement, our “Gold Plus Plan Compulsory Pack” shall mean exclusive distribution of your Accommodation(s) for advertisement on various Online Travel Agencies (OTA’s)including: Booking.com, Vrbo, Holidu, Google Travel, Plum Guide, Agoda, All Luxury Apartments, Altovita, Clickstay, Coolstays, Cuddlynest, E-Domizil, Expedia, Glamping Hub, Homes and Villas by Marriott International, Hometogo, Homelike, Kid &Coe, Likibu, Muchosol, Smiling House, The Quintess Collection, Top Villas, Travelstaytion.com, Trip.com, TripAdvisor, TUI Villas, Vacation Finder, Villa Finder, Simply Sea Views, Dog Friendly Retreatsand any other OTA we add in the future.
4.2 The Gold Plus Plan also includes an offer to our Optional Pack, which includes distribution of your Accommodation on Airbnb alongside the distribution included in the Gold Plus Plan Compulsory Pack a. Please note the Optional Pack is only available as an addition to the Compulsory Pack and is not available on a standalone basis. 4.3 The minimum term of the Gold Plus Plan is 3 months from the launch of your Accommodation on the first OTA by us. 4.4 Where you wish to terminate your Gold Plus Plan, you must wait the minimum term stipulated in clause 4.3, followed by a 90 days’ notice, with such notice coming into effect from the 1st day of the following month. 4.5 You agree not to list your Accommodation, either directly or through another agency, on any other OTA platforms not limited to the ones included in our Gold Plus Plan Compulsory Pack or Optional Pack (if elected to include by yourself) during the term of this Agreement and your Gold Plus Plan membership as the Accommodation listing on our Platform is exclusive. 4.6 If we discover that you have breached your obligation in clause 4.5 above, this will constitute a breach of this Agreement and your Gold Plus Plan membership and we reserve the right to immediately remove your Accommodation from our Platform, and charge an administrative fee of (which will be notified to you at the time) to cover the costs of processing the violation. 4.7 If you are a Legacy Client (as defined in the Agreement) and wish to issue a Transfer Request (defined in Schedule 1 and Schedule 2), this will be approved at our sole discretion and contingent to the terms outlined at Schedule 1, clause 1.3.
5. Pricing and Commission for Gold Plus Plan Members
5.1 From the 1 April 2025, a 15% + VAT Commission of the total booking value (excluding any refundable security deposit, where applicable) will be chargeable on Gold Plus Plan Accommodation bookings generated by us.
5.2 Please note, the price associated with your Accommodation on any OTA:
a. will be higher than the price listed on our Platform; and b. includes transaction fees, commission payable to the platforms, and taxes where relevant.
5.3 Our Commission payable for each of your Accommodations is calculated on the total value of your Accommodation as listed on our Platform and not the increased price advertised on the OTA.
6. Advertising Your Gold Plus Plan Accommodation
6.1 By enrolling in this Plan you agree to give us: a. all rights to advertise your Accommodation on an exclusive basis to an OTA platform in our Gold Plus Plan Compulsory Pack; b. all rights to advertise your Accommodation on an exclusive basis to the OTA platform included in our Optional Pack, if this option has been selected by you.
7. OTA Terms and Conditions
7.1 Any bookings made on an OTA platform as listed above in clause 4, will be subject to that OTA’s terms and conditions which are incorporated into your Gold Plus Plan membership, this Agreement and our Agency Terms and Conditions. 7.2 It is your responsibility to be aware of the OTA’s cancellation policies and payment terms. 7.3 For the avoidance of doubt:
a. bookings made on OTA’s are not cancellable by the Owner; and b. some OTAs will not transfer Guest funds to yourself until after the Guest has checked in or checked out of the Accommodation. Once we receive funds, payment will be transferred to you within 10 working days. In this instance, commission is payable the month after we receive funds.
Schedule 4: Diamond Plus Plan
8 Background 8.1 Please note, if you entered this Agreement from 1st July 2024 or onward, the only plans available to you are the Gold Plus Plan or the Diamond Plus Plan.
9 Diamond Plus Plan Terms 9.1 By registering onto this Plan, you permit us to:
a. handle all pre-booking Accommodation enquiries from Guests and any pre-arrival Accommodation administration required by yourself or your Guests on your behalf, but you will manage the Accommodation and all related matters to the Accommodation booking from the Guest’s arrival and onwards b. apply discounts to Accommodation bookings in accordance with your general instructions; c. advertise your Accommodation on our Platform; and d. automatically enrol you into our Compulsory Pack.
i. For the purposes of this Agreement, Our Diamond Plus Plan Compulsory Pack shall mean exclusive distribution of your Accommodation(s) for advertisement on various Online Travel Agencies (OTA’s)including:Booking.com, Vrbo, Holidu, Google Travel, Plum Guide, Agoda, All Luxury Apartments, Altovita, Clickstay, Coolstays, Cuddlynest, E-Domizil, Expedia, Glamping Hub, Homes and Villas by Marriott International, Hometogo, Homelike, Kid &Coe, Likibu, Muchosol, Smiling House, The Quintess Collection, Top Villas, Travelstaytion.com, Trip.com, TripAdvisor, TUI Villas, Vacation Finder, Villa Finder, Simply Sea Views, Dog Friendly Retreats and any other OTA we add in the future.
9.2 The Diamond Plus Plan also includes an offer to our Optional Pack, which includes distribution of your Accommodation on Airbnb alongside the distribution in the Diamond Plus Compulsory Pack.
a. Please note the Optional Pack is only available as an addition to the Diamond Plus Compulsory Pack and is not available on a standalone basis.
9.3 The minimum term of the Diamond Plus Plan is 3 months from the launch of your Accommodation on the first OTA by us. 9.4 Where you wish to terminate your Diamond Plus Plan, you must wait the minimum term stipulated in clause 9.3, followed by a 90 days’ notice, with such notice coming into effect from the 1st day of the following month. 9.5 You agree not to list your Accommodation, either directly or through another agency, on any of the OTA platforms in our Diamond Plus Plan Compulsory Pack or Optional Pack (if elected to include by yourself) during the term of this Agreement and your Diamond Plus Plan membership as the Accommodation listing on our Platform is exclusive. 9.6 If we discover that you have breached your obligation in clause 9.5 above, this will constitute a breach of this Agreement and your Diamond Plus Plan membership and we reserve the right to immediately remove your Accommodation from our Platform, and charge an administrative fee of (which will be notified to you at the time) to cover the costs of processing the violation. 9.7 If you are a Legacy Client (as defined in Schedule 1 and Schedule 2) and wish to issue a Transfer Request (as also defined in Schedule 1 and Schedule 2), this will be approved at our sole discretion and contingent to the terms outlined at Schedule 2, clause 2.3.
10 Pricing and Commission for Diamond Plus Plan Members
10.1 From the 1 April 2025, an 18% + VAT Commission of the total booking value (excluding any refundable security deposit, where applicable) will be chargeable on Diamond Plus Plan Accommodation bookings generated by us. 10.2 Please note, the price associated with your Accommodation on any OTA:
a. will be higher than the price listed on our Platform; and b. includes transaction fees, commission payable to the platforms, and taxes where relevant.
10.3 Our Commission payable for each of your Accommodations is calculated on the total booking value of your Accommodation as listed on our Platform and not the increased price advertised on the OTA.
11 Advertising Your Diamond Plus Plan
11.1 By enrolling in this Plan you agree to give us:
a. all rights to advertise your Accommodation on an exclusive basis to an OTA platform included in our Diamond Plus Plan Compulsory Pack; b. all rights to advertise your Accommodation on an exclusive basis to the OTA platform in our Optional Pack, if this option has been selected by you
12 OTA Terms and Conditions
12.1 Any bookings made on an OTA platform as listed above in clause 9, will be subject to that OTA’s terms and conditions which are incorporated into your Diamond Plus Plan membership, this Agreement and our Agency Terms and Conditions. 12.2 It is your responsibility to be aware of the OTA’s cancellation policies and payment terms. 12.3 For the avoidance of doubt:
a. bookings made on OTA’s are not cancellable by the Owner; and b. some OTAs will not transfer Guest funds to us until after the Guest has checked-in or checked-out of the Accommodation. Once we receive funds, payment will be transferred to you within 10 working days. In this instance, commission is payable the month after we receive funds.
SCHEDULE 5: HMRC
In order for us to comply with HMRC reporting regulations (effective from 1st January 2024), as required by Paragraph 1, Schedule 23 of the Finance Act 2011 (as amended)), we must report Owner income information to HMRC on a quarterly basis. Therefore, by entering this Agreement, you are also agreeing to the provisions in this Schedule 5.
The term owner in this Schedule 5 refers to the owner of the Accommodation in which we facilitate the sale of as Agent (referred to as ‘you’, ‘your’, ‘yourself’ in the wider Agreement above) (“Owner”).
Owner Obligations
Owners must provide the following information for compliance with HMRC reporting requirements:
• Full legal name • Primary residential address • Date of birth and National Insurance Number (if an individual or co-owner) • Company Registration Number and VAT number (if applicable) • Any other tax identification numbers issued by relevant tax authorities
The required information must be uploaded via the Owner’s Hub.
Owners must ensure that all provided information is accurate and up to date. Any changes must be notified to us immediately.
Reporting and Data Handling
We will report the following details to HMRC as required by law:
• The Agency’s registered name, address, and Tax ID number • Accommodation details, including street address and land registry number (if available) • Owner details, including financial account identifiers • Income received by the Owner, including breakdowns of fees, commissions, and taxes
We will report income on a cash basis, meaning it will be based on payments made to Owners, irrespective of booking dates. Owners will receive a statement of reported income after submission to HMRC.
Owner Responsibility for Tax Compliance
Owners remain solely responsible for ensuring that all income received from their Accommodation is declared in their own tax returns.
If an Owner disagrees with any information reported to HMRC, they must notify us immediately to resolve any discrepancies.
Owners who are VAT-registered acknowledge that we are required to report the net amount paid, including VAT.
Failure to Provide Information
Failure to provide the required information by the specified deadline may result in the following actions:
• Temporary suspension of your Accommodation(s) on our Platform. • The withholding of rental income payments until compliance is achieved
We reserve the right to take necessary action to comply with legal obligations under HMRC regulations.
Data Protection
West Wales Holiday Cottages will store and process all Owner information securely in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 and our Privacy Policy.
Owner information will be shared only with HMRC and processed strictly for compliance purposes.
Amendments to Terms
We reserve the right to amend this Schedule 5 as required by changes in law or HMRC guidance. Owners will be notified of any such amendments in writing.
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