terms & conditions

LEGAL STUFF
We won’t scare you with long contracts that are difficult to understand. Our job is to make your life easier. These terms may change from time to time, but we’ll always email you if and when they do.

TERMS AND CONDITIONS
The terms and conditions stated herein constitute a legal agreement between you (the Owner) and Host My Home, a property management company out of Hermanus, Western Cape, specifically catering to homes listed on all accommodation booking platforms associated with Host My Home. By signing the written Agreement and using or receiving any services supplied to you by Host My Home, you hereby expressly acknowledge and agree to be bound by the terms and conditions of these terms and conditions, and any future amendments and additions to this Agreement or terms.

WHAT WE DO
The following is a comprehensive list of duties and responsibilities Host My Home provides as part of the full management of the property:
● Advertise and manage the property’s listing on all accommodation booking platforms associated with Host My Home through our account, which includes: posting appropriate photographs (as taken by Host My Home or provided by client), writing a description of the property and the “House Rules”, responding to guest inquiries, screening potential guests, leaving reviews, and managing the calendar. Set an optimal price for the property based on location, time of year, etc;
● Collection & Disbursement of Rent. Host My Home shall be responsible for taking payment from all booking platforms all collection of Rent earned on the Property. Provide to Owner a detailed accounting of all rents, expenses, and disbursements via the Host My Home Owner Portal. A detailed invoice will accompany the bank payment or PayPal for your income each month.
● Install a ‘lock box’ at the entrance of the property so that guests may do a self-check in when needed. This ‘lock box’ will be for the owner’s account and will reimburse cost to Host My Home.
● Perform a preparatory clean to bring the home up to 5-star standard at a rate quoted based on the size of the property and work involved. (mandatory prior to listing commencement);
● Provide a comprehensive list of property necessities and purchase on your behalf any items missing at final inspection before listing (coordination fee applies and will be quoted on a case by case)
● Coordinate interior design services on request (please inquire for pricing)
● Coordinate property care (such as garden maintenance, pool cleaning) with a local company;
● Coordinate cleaners and linen laundering between guests, laundering of linen and towelling to be done at the Property, the cleaning fees will be charged to each guest;
● Coordinate inspections between guest stays to determine if any theft or damage has occurred;
● Completing monthly preventative maintenance checks on the Property and provide a schedule and quotations for the necessary maintenance and repair work to the Owner for your approval before any work takes place. Host My Home shall provide the Owner invoices of the actual costs;
● Coordinate handymen or emergency services such as plumbers or electricians, or, depending on the task and schedule permitting, provide repair services at expense to the Owner, quotations for work to be agreed upon by the Owner before commencement;
● Prepare a personalised property guide which will include local attractions, eateries, and property-specific instructions;
● Prepare a property specific liability waiver for guests to sign on check-in that protects both
Host My Home and the Owner.
● Act as the point of contact for guests staying at the property via phone 24/7 and instant messaging until 9pm;
● Purchase cleaning chemicals and equipment and amenities on behalf of the owner as needed for the property and keep it fully stocked. Cost of these charged to owner’s monthly account.

WHAT WE DON’T DO
● Book guests with arrival times after 8pm unless the ‘lock box’ has been installed or alternative arrangements have been made for access to the property. However, if specially requested by a guest, we may be able to meet them on a case-by-case basis and we will coordinate with the guest if so;
● Act as or add a co-host on booking channels. All listings will be newly built or recreated under our profile; and
● Perform any of our recurring services (key management, point of contact, inspections, etc) for reservations made outside the accommodation booking platforms associated with Host My Home, either because it is a personal guest of the owner, or the client/owner themselves who would like to stay in the home.

LEGAL PROCEEDINGS
In the event that collection and/or legal proceedings become necessary with regard to the rental of the Property, Host My Home shall handle all such proceedings. Owner shall reimburse Host My Home for all expenses incurred in the pursuit of collection proceedings and/or legal proceedings. Manager shall not be responsible for any legal proceedings that do not result from the management and rental of the Property.

CLIENT’S RESPONSIBILITIES
● Notify mortgage lender of intent to place property on accommodation booking platforms for short-term rental;
● Notify insurance company of intent to place property on accommodation booking platforms for short-term rental 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 TV with satellite channels or media box with Netflix,
○ free uncapped Wi-Fi,
○ coffee maker/kettle, etc.;
● Using the Host My Home Owner Portal, select on the calendar any dates you’d like to have the property booked off for yourself (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 Host My Home, at the standard cleaning and laundering fee for all other bookings.
● Don’t force Host My Home to cancel guest bookings, as this is a black mark in the Airbnb community and will result in a poor rating left on Host My Home 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) will be subject to a R15,000 fee in order to compensate. (Please note this cancellation penalty only applies if your listing is under Host My Home online accommodation booking platform profiles.)

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 online accommodation booking platforms?
● Notify Host My Home in writing giving 2 months’ notice so that 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 the termination date (assuming you are keeping the property listed) will be billed at the agreed upon management fee in the agreement, as we’ll have already done all the advance legwork; and
● We shall disburse to the Owner any monies in Host My Home possession due and owing to Owner within thirty (30) days from the date of termination.

DISPUTE RESOLUTION
Sometimes, despite everyone’s best intentions, there can be disagreements on either side.

MEDIATION:
Client/Owner and Host My Home 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 an 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 Owner and Host My Home Vacation Home and Rental Management, shall be held in Hermanus, Western Cape and subject to Western Cape provincial law.