In these terms and conditions some words and phrases have particular meanings and have to be defined. Such defined terms are set out here for ease of reference.
Accommodation means the accommodation for which a Booking is made, as set out in the Confirmation of Booking.
Accommodation Fees means the accommodation rental fees set out in the Confirmation of Booking (but excluding the [Booking Fee]).
Agreement means these terms and conditions, as informed by the details recorded in the Confirmation of Booking.
Booking means the booking of the Accommodation by you.
[Booking Fee] means the fee payable by you to Doctor in the House, the amount of which shall be calculated (unless otherwise agreed in writing) by reference to the Rate Card and will in any event be set out in the Confirmation of Booking.
Booking Summary means the [email] sent to you by Doctor in the House following your enquiry about the availability of accommodation, and to which you will need to reply as a prospective guest in order to make the Booking. This is not the Confirmation of Booking.
Confirmation of Booking means the confirmation of the Booking issued by Doctor in the House to you (by email and/or post) once the [Booking Fee] has been processed.
Doctor in the House means Doctor in the House Limited (company no. 04882283) with registered office at 17 Aubert Road, London N5 1TX.
Host means the person named as such in the Confirmation of Booking and is the owner of the Accommodation or, as applicable, the person who is duly authorised to arrange rentals of the Accommodation.
Rate Card means the standard rates published from time to time by Doctor in the House for the provision of accommodation, and which includes the relevant [Booking Fee] payable to Doctor in the House.
Rental Period means the period referred to as such set out in the Confirmation of Booking.
You means the person(s) making the Booking and named in the Confirmation of Booking (and your shall be construed accordingly).
Accommodation Agreement & Role of Doctor in the House
This Agreement details the terms and conditions which apply between you and the Host relating to your rental of the Accommodation.
Doctor in the House, acts as agent for the Host to take and arrange Bookings of the Accommodation. Doctor in the House does not own or manage the Accommodation but reserves the right to refuse any Booking.
Once the [Booking Fee] has been received in cleared funds by Doctor in the House and a Confirmation of Booking has been issued, a legally binding contract shall exist between you and the Host on the terms of this Agreement, pursuant to which the Host will make the Accommodation available to you for the Rental Period. For the avoidance of any doubt, Doctor in the House is not, nor shall it be deemed, a party to this Agreement. Until the legally binding contract is in place the Host is not obliged to make the Accommodation available to you.
This Agreement is a licence to occupy the Accommodation provided by the Host during the Rental Period. You are not a tenant of the Accommodation and you have not been granted exclusive possession of the Accommodation. You are renting the Accommodation under a licence of occupation and no relationship of landlord and tenant is created. The Host retains control, possession and management of the Accommodation and you have no right to exclude the Host from the Accommodation.
Doctor in the House accepts no liability for any defects or unavailability of the Accommodation or any other problems with the rental. Your right of action (if any) shall be against the Host and not Doctor in the House.
Booking, Payment and Cancellation
Immediately upon receipt of the Confirmation of Booking from Doctor in the House, you should check the details and notify Doctor in the House of any mistakes/errors made by Doctor in the House as soon as possible and in any event within [24 hours]. No changes can be made to the Booking after this time. [Doctor in the House reserves the right to charge a booking amendment fee to administer/correct any error by you.]
You should notify Doctor in the House immediately in writing if you wish to cancel the Booking. The cancellation only takes effect when Doctor in the House has received the written notification from you. Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply:
provided that your Booking is confirmed more than seven (7) days ahead of when the Rental Period is due to commence then you are entitled to a full refund if you cancel the Booking within 24 hours of dispatch of the Confirmation of Booking;
subject to the foregoing, if you cancel the Booking:
more than fourteen (14) days prior to commencement of the Rental Period then you will be liable to pay 50% of the Accommodation Fees for the entirety of the Rental Period (unless a suitable alternative booking can be made on behalf of the Host by Doctor in the House;
fourteen (14) days or less prior to the commencement of the Rental Period then you will be liable to pay the full Accommodation Fees for the entirety of the Rental Period (unless a suitable alternative booking can be made on behalf of the Host by Doctor in the House).
The Host is not entitled to cancel a Booking once a Confirmation of Booking has been sent. However there may be circumstances in which the Accommodation is unavailable for all or part of a Rental Period and in those circumstances the Host will endeavour to arrange (through, and with the assistance of, Doctor in the House) for suitable alternative accommodation during the Rental Period (which will, if possible, be of comparable quality accommodation within 5 miles of the location of the Accommodation). If such alternative accommodation is available then, subject to your separate acceptance in writing, your contract with the Host under this Agreement will terminate automatically upon you entering into a new agreement (which will be on these same terms and conditions) that Doctor in The House will arrange for you with the alternative host.
In the event that the Accommodation becomes unavailable during the Rental Period and you do not accept any suitable alternative accommodation which is offered to you in accordance with Clause 7 then you are entitled to cancel the Booking upon written notice to [Doctor in the House] and the relevant proportion of any amounts pre-paid will be refunded to you, but neither the Host nor Doctor in the House will be liable to you for any further amounts in respect of the cancellation of the Booking.
This Agreement, subject to its terms, represents a contract to live as a guest at the Accommodation during the Rental Period. Any variation of or to the Rental Period dates will only be effective if agreed in writing by the Host [and Doctor in the House], and subject at all times to, if the Rental Period is to be extended, (i) availability and (ii) payment of rental.
Fees and Charges
You shall pay the Accommodation Fees without deduction in accordance with the further requirements (if any) set out in the Confirmation of Booking (eg, as to instalment arrangements, etc). You shall also, upon demand, pay or reimburse the cost of any damage you cause (directly or indirectly) to the Accommodation, or damage to or loss of contents at the Accommodation for which you (directly or indirectly) are responsible, and to pay any fees in relation to overstaying. "You" for these purposes includes any people visiting you at the Accommodation pursuant to Clause 20.
The Accommodation Fees set out in the Confirmation of Booking are for rental of the Accommodation only. No additional services, amenities, facilities, etc are part of this Agreement.
If you fail to turn up or check-in to the Booking then for the avoidance of doubt you will be responsible for the entire Accommodation Fees for the Booking and you shall pay such amount upon demand as a debt.
The check-out date at the Accommodation is the final day of the Rental Period and is stated as such in the Confirmation of Booking. Unless you have agreed a new check-out date with Doctor in the House for a further period of rental you will be responsible for a full day’s Accommodation Fee for each day of any overstaying. Notwithstanding the foregoing, if you overstay by more than two (2) hours [the Host] reserves the right to remove your belongings, and take such further action as may be necessary (and [the Host] will be entitled to charge you for the reasonable costs of taking any such action).
Safety and Conduct
You have primary responsibility for your own safety during your stay at the Accommodation. You must read and comply with any fire or health & safety or other guidance, and you must listen to and comply with any instructions or explanations, which are provided by your Host at any time (including when showing you around the Accommodation).
If you become aware of anything during your stay which you believe is a health & safety risk you must inform Doctor in the House and your Host immediately.
You must comply with any building regulations and "House Rules" and any other reasonable directions of the Host or Doctor in the House. The House Rules will be supplied to you by your Host when you check-in [(and may, if available, be attached with the Confirmation of Booking)].
Doctor in the House will not tolerate any verbal or physical abuse towards your Host or representative from Doctor in the House.
You may not allow any person other than the person(s) named in the Confirmation of Booking to occupy the Accommodation at any time (unless specified otherwise in the Confirmation of Booking). This Agreement is personal to you and may not be transferred to any other person. Subject only to pre-approved visitors pursuant Clause 20 below, the Host will not allow any person other than the person named in the Confirmation of Booking to access or occupy the Accommodation during the Rental Period.
Your Host will appreciate you may wish to receive visitors. Please inform your Host in advance if and when you anticipate this to occur to save any misunderstanding, and to obtain the Host's prior approval.
The Confirmation of Booking specifies the people permitted and who are authorised to stay in the Accommodation. If you allow anyone other than the person(s) stated to occupy or stay overnight in the Accommodation (unless previously agreed with the Host) the rental (and this Agreement) may be terminated immediately on notice to you and, in any event, you will be liable to pay a supplement of up to £59 per night in respect of any unauthorised guest.
As a responsible guest you agree that you will:
abide by the Host's House Rules;
agree your access to the kitchen with the Host on arrival (working on the assumption you will use the kitchen for light use only);
keep the Accommodation clean, tidy and clear of rubbish and leave the Accommodation in the same condition as you find it;
not keep or take any pets or animals into the Accommodation;
not do anything that will or might constitute a breach of any restrictions or consents in relation to the Accommodation or which will or might invalidate in whole or in part any insurance effected in respect of the Accommodation from time to time;
if the Accommodation is part of a building or complex with common parts, not obstruct or leave any objects or waste in any common parts;
not leave any obstruction outside of the Accommodation;
not take any property, belongings or personal effects from the Accommodation that do not belong to you;
not move any furniture from its original position within the Accommodation;
not, nor will you permit, anything to be done on the Accommodation which is or which may be or become a nuisance (whether actionable or not), damage, annoyance, inconvenience or disturbance to the Host or to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
notify the Host of any damage to the Accommodation or the contents;
not allow anyone else to stay in the Accommodation overnight without the prior consent of the Host;
not conduct any illegal or immoral activity from the Accommodation;
not conduct any business or commercial activity whatsoever from the Accommodation;
not use the Accommodation other than as a private residence;
not re-decorate or make any alteration or addition whatsoever to the Accommodation or its contents;
not use the Accommodation for any purpose other than for personal accommodation; and
not invade the privacy of the Host nor publish or reveal anything, which might allow a third party to identify the address of the property or the identity of the Host (even if such information is already in the public domain).
You acknowledge that the Accommodation is the Host's home and you agree not to access any cupboard or drawers other than those in your room or flat, unless explicit permission is provided by the Host.
You hereby indemnify and keep indemnified the Host in respect of any costs, claims, liabilities or expenses suffered or incurred by the Host (including Doctor in the House as agent of the Host) in respect of any breach of this Agreement, including in particular (but without limitation) Clause 22.
Doctor in The House strongly recommends that you hold personal insurance for accidental damage and personal liability.
If on arrival at the Accommodation you discover anything is missing or damaged which has been specified by your Host in advance of your arrival then this must be reported to Doctor in the House and your Host immediately otherwise it will be presumed that the damage/loss was caused by you and a charge may be made to you by your Host.
You must notify Doctor in the House and your Host of any damage to the Accommodation and/or to (or loss of) any of the contents and fixtures and fittings at the Accommodation which occurs during your stay, even if you regard the damage or loss as fair wear and tear or if you do not believe the damage or loss is your fault.
If you do declare any damage or loss then you are responsible for full repair or replacement costs.
Liability and Claims
Any claims made by you under this Agreement must be made initially through Doctor in the House. Doctor in the House has the authority to negotiate and settle claims on behalf of the Host.
The Host (and Doctor in the House, for the avoidance of any doubt) will not be liable to you for any: (i) business, financial or economic loss; or (ii) any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this Agreement, the Accommodation or the rental (whether such loss arises as a result of the Host’s negligence or otherwise).
Subject to Clause 30 and Clause 32, the Host’s liability for all losses will be limited to the cost of obtaining replacement accommodation for the agreed Rental Period or the amount of the Accommodation Fees, whichever is the higher amount.
Nothing in this Agreement limits or excludes the liability of the Host for death or personal injury arising as a result of their negligence or the negligence of their agents or employees.
Neither the Host nor Doctor in the House accepts responsibility and gives any warranty in respect of information or representations not contained in the terms of this Agreement.
Every reasonable care will be taken to ensure that the Accommodation is presented to you to a high standard. Should you find on arrival that there is a problem, or cause for complaint, you should immediately refer this to the Doctor in the House booking team and your Host. Reasonable steps will be taken to assist you.
The Host acting through Doctor in the House is committed to ensuring that any bona fide problems or complaints you may have whilst at the Accommodation are resolved efficiently and promptly, but as such we must be given the opportunity to do so. Any failure to notify Doctor in the House immediately, or refusal of reasonable rectification, may affect your right to compensation.
You must be contactable by Doctor in the House via mobile phone should there be any unforeseen issues affecting your Host and/or the Accommodation and the mobile number provided at the point of enquiry is the same mobile number you hold during your booking . You must not independently move to other accommodation without first allowing the Host (acting through Doctor in the House) the reasonable opportunity to assist in resolving a complaint or problem. If you do so, or refuse reasonable rectification, this may affect your right to any compensation.
You must formally confirm any unresolved complaint in writing by email to Doctor in the House (email@example.com) within 28 days of the end of your Rental Period.
You agree that you have the power to enter into this Agreement.
You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts, which you owe to the Host against any amounts that that may be owed to you.
The Host will be entitled to sub-contract or delegate their obligations under this Agreement.
No liability can be accepted and no compensation will be paid by Doctor in the House or the Host where you or your personal property suffer any loss, damage, delay, injury, disappointment, amenity, inconvenience or otherwise, or where the performance or prompt performance of this Agreement is prevented or affected, by any cause beyond their reasonable control such as (by way of example, and thereby not limited to) severe weather, flood, fire, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest.
These terms represent the entire agreement between the parties in relation to the Booking and supersede and nullify any previous marketing information, representations or agreements whether recorded in writing or otherwise in relation to the same.
The parties agree that the terms of this Agreement are fair and reasonable in all the circumstances. 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 were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions of this Agreement are held not to be valid the remaining provisions of this Agreement shall remain in full force and effect and shall be construed accordingly (to the extent required).
If you breach this Agreement and the Host decides to take no action or neglects to do so, then the Host will still be entitled to take action and enforce their rights and remedies for any other breach.
This Agreement is governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts.