TERMS & CONDITIONS

The terms and conditions stated herein constitute a legal agreement between you (hereinafter the client, you) and BelkaHost (hereinafter We, Company, BelkaHost) , a property management company out of Marbella (Malaga). By using or receiving any services supplied to you by BelkaHost, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement. 

 

BelkaHost’s Responsibilities

Following is a comprehensive list of all services BelkaHost provides as part of the full management. We are not responsible for anything that may happen during guest’s stay at your property (e.g: guest injuries by falling down, etc). 

 

WHAT WE DO:

· Manage the property’s listing on a listing platforms like Airbnb, HomeAway, etc.,  through our account, or your existing listing, which includes: posting appropriate photographs (as taken by BelkaHost or provided by client), writing a description of the property and the “House Rules”, responding to guest inquiries, accepting or rejecting potential guests, leaving reviews, and managing the calendar;

· Perform a preparatory clean to bring the home up to 5-star standard, additional cost may be applied (mandatory prior to listing commencement);

· Set an optimal price for the property based on location, time of year, etc;

· Take payment directly from listing platforms (like Airbnb), remove all fees and expenses and provide you with a detailed invoice along with a cheque or Bank Transfer for your income each month;

· Coordinate cleaners and linen laundering between guests;

· Coordinate inspections between guest stays to determine if any theft or damage has occurred;

· Coordinate handymen or emergency services such as plumbers or electricians, or, depending on the task and schedule permitting, provide repair services (additional costs may apply);

· Provide a comprehensive list of property necessities and purchase on your behalf any items missing at final inspection;

· Remove any waste left on premises when management commences;

· Coordinate interior design services (please inquire for pricing);

· If requested, prepare a personalised property guide which will include local attractions, eateries, and property-specific instructions (additional costs may apply);

· Act as the point of contact for guests staying at the property via phone 24/7 and instant messaging until 10pm;

· Purchase necessities from time to time for the property and keep it fully stocked.

 

Client’s Responsibilities

· Notify insurance company of intent to place property on Airbnb with a property management company and obtain a new policy for this purpose. Please contact your insurance provider for more information;

· Keep all necessary paperwork for tax purposes;

· Note that the property must be equipped with industry-standard amenities such as a first aid kit, fire extinguisher, TV, free Wi-Fi, kettle, etc. 

· Notify BelkaHost via email (info@BelkaHost.com) of any dates you’d like to have the property booked off for yourself or a personal guest not booking via Airbnb (ensuring that the property is not already booked on these dates, as cancelling a guest’s booking is to be avoided as much as possible). All work to prepare the home for the next guest will need to be performed by BelkaHost (cleaning fees will apply).

· Don’t force BelkaHost to cancel guest bookings, as this is a black mark in the Airbnb community and will result in a poor rating left on BelkaHost’s public profile, along with the loss of the opportunity to achieve Superhost status for a period of one year. Cancellations not due to extenuating circumstances (noted below) may be subject to a fee in order to compensate. 

 

WHAT COUNTS AS AN EXTENUATING CIRCUMSTANCE?:

· Serious illness in the family or serious personal illness (with proper documentation) that affects your ability to continue to pay bills or mortgage on the property;

· Natural disaster;

· Political unrest in the area;

· Serious property damage rendering a material portion of the home uninhabitable; and

· Serious maintenance issues that affect the ability to host

 

How to Terminate the Working Relationship

So, what happens when you want to handle everything yourself? Or you want your home taken entirely off listing platforms?

· Notify BelkaHost in writing well enough in advance so we may block off the calendar to avoid new bookings (only applicable when your property is under our profile). All existing bookings must be honoured or will be subject to the cancellation penalty per cancelled booking. Note that any existing bookings we have coordinated under your profile that will take place after termination date (assuming you are keeping the property listed) will be billed a 14% fee, as we’ll have already done all the advance legwork; and

· If we were working with your existing Airbnb profile, we’ll change the payout bank back to your own on the termination date.

 

MEDIATION:

Client and BelkaHost agree to mediate any dispute or claim arising between them out of this Agreement before resorting to posting negative reviews online, arbitration or court action. Professional mediation fees shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in such action. Exclusions from this mediation agreement are set forth below.

 

ATTORNEY FEES:

In the event either party must engage in any effort, civil proceeding or other activity that arises out of, relates to or is connected with the enforcement or interpretation of this Agreement, or the rights or obligations of any party hereunder, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, to include expert fees and costs, incurred or sustained by such prevailing party in connection with those efforts.

 

EXCLUSIONS:

Any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court are excluded from the requirement to mediate and arbitrate. The filing of a court action to enable an order of attachment, receivership, injunctive relief, or other provisional remedy, shall not constitute a waiver or violation of the mediation and arbitration provisions.

 

JURISDICTION:

Any disputes between Client and BelkaHost shall be venued in Marbella and subject to local provincial law.