Owner Terms & Conditions

(Incorporatedby reference into the Property Management Agreement)

1.1   The Operator shall have sole authority to set, manage and adjust the rental rates and availability for short-term lettings of the Property during the Term. The Operator may amend rental rates at any time and maintain forward pricing and availability for upcoming periods. The Owner shall not be entitled to challenge the letting rates charged by the Operator at any time.

1.2   On receipt of rent in cleared funds from third parties for short-term lettings of the Property, the Operator shall be entitled to automatically deduct from such funds any amounts due under this Agreement, including but not limited to:‍

a) the Management Fee;‍

b) any Setup Fees and Furnishing Costs (if any); and‍

c) all expenses incurred or to be incurred by the Operator in connection with the letting and management of the Property, including (without limitation) Processing Fees, Channel Fees, ongoing maintenance and/or furnishing expenses, and any other relevant fees, charges or taxes permitted under this Agreement.

1.3   In addition to the above, where any utility, internet or similar service charges relating to the Property are not paid by the Owner when due, or where non-payment may adversely affect a Guest’s stay or the operation of the Property, the Operator may pay such charges and deduct the corresponding amounts from monies otherwise payable to the Owner under this Agreement. Unless expressly agreed otherwise in writing, the Owner remains responsible for arranging and paying for Internet, television, service charges, DEWA and chiller services for the Property. The Internet connection must be fibre-optic.

1.4   The Operator shall be entitled to deduct any outstanding amount in respect of Permitted Expenses from any balance held to the credit of the Owner from time to time. Where no such balance exists, the Owner shall reimburse the Operator for the full amount of such Permitted Expenses upon demand.

1.5   If the Owner serves notice to terminate this Agreement before the Operator has been fully reimbursed for all fees, costs and expenses incurred under this Agreement, the Owner shall pay any resulting shortfall to the Operator immediately upon demand.

1.6   The Operator shall not be obliged to pay any interest on monies held on behalf of, or otherwise payable to, the Owner.

1.7   The Operator shall arrange housekeeping and cleaning services for the Property and recover the associated costs from the Guest as part of the booking. The Operator may also charge Guests such other fees and charges, in such amounts and at such times, as the Operator considers necessary for the professional operation and letting of the Property on a short-term holiday rental basis.

1.8   The Operator may introduce Guests to third-party providers, including travel, event, service and entertainment companies.

Any such introduction is provided for convenience only, and the Operator shall not be responsible or liable for the acts, omissions, services or charges of any such third party.

2.1   Where, prior to arranging any lettings of the Property, the Owner requests the Operator to furnish the Property in whole or in part (“Furnishing Costs”), such Furnishing Costs shall be payable by the Owner to the Operator in full, up front and on demand, prior to any guest occupation or letting.

2.2   The Owner shall be responsible for payment of the cost of Furnishing Costs (if any) and Setup Fees to be organised by the Owner, prior to occupation of the Property by third parties.

3.1   During the Term, the Operator shall:‍

a) use reasonable endeavours to let the Property on short-term holiday let platforms;‍

b) require third parties occupying the Property pursuant to a holiday let to agree to the Operator’s applicable guest terms and conditions; and‍

c) subject to reimbursement of costs by the Owner in accordance with this Agreement, arrange pest control and maintenance as reasonably required to enable the Property to be let on short-term holiday lets to third-party Guests.

3.2   The Operator shall carry out an initial operational inspection of the Property as soon as reasonably practicable after the date of this Agreement for the purpose of identifying:‍

a) obvious safety issues;‍

b) visible repair or maintenance requirements;

c) any furniture, equipment, items or installations required in order for the Property to meet applicable DTCM standards or other mandatory regulatory requirements for short-term rental use.

Any items or improvements required to meet mandatory DTCM requirements must be purchased or completed at the Owner’s cost prior to the Property being made available for short-term holiday lettings.

3.3   The Operator is not a licensed, certified or expert property inspector and makes no representations as to the structural condition, safety or compliance of the Property. If the Owner requires any specialist, licensed or expert inspection (including structural, electrical, plumbing or fire safety inspections), the Owner shall independently arrange and pay for such inspections.

4.1   The Owner shall not hold the Operator liable for any damage to the Property or its contents, any loss of furniture or other items, or any personal injury occurring in or about the Property. The Owner accepts general wear and tear.

4.2   The Owner shall not hold the Operator liable for any errors of judgment or mistakes of fact or law, except in cases of gross negligence or wilful misconduct by the Operator. The Parties acknowledge that the Operator shall perform its obligations under this Agreement in good faith.

4.3   The Owner shall not hold the Operator liable for any booking cancellations or refunds made by Guests, whether such cancellations or refunds occur with or without the Operator’s consent. The Owner expressly authorises the Operator to manage bookings, cancellations and refunds at its discretion and acknowledges that the Operator shall not be liable for refunding monies to Guests in respect of cancelled bookings, including where such cancellations or refunds occur at a late stage.

4.4   The Owners shall be responsible for the timely payment of all third-party charges, utilities and outgoings relating to the Property, including (without limitation) service charges, owners’ association fees, DEWA, housing fees, gas, air conditioning or chiller charges, and any existing or future property-related taxes, fees or government charges.

4.5   Nothing in the Agreement is intended to change the Owner’s general rights and obligations of ownership in the Property.

4.6   The Owner authorises the Operator to grant access to the Property to such third parties as the Operator considers necessary for the operation, management, maintenance and compliance of the Property, including (but not limited to) cleaning, maintenance, inspection and service providers.

4.7   The Owner acknowledges that short-term bookings are made through third-party booking platforms and confirms that they have reviewed, or had the opportunity to review, the applicable terms, conditions and fee structures of such platforms prior to entering into this Agreement. The Owner accepts that the Operator shall not be responsible or liable for any changes to booking platform terms, conditions or fees.

4.8   The Owner acknowledges that the Operator shall not be responsible or liable for any changes to fees, charges or costs imposed by any third party, including (but not limited to) booking platforms, regulatory authorities or the DTCM.

4.9  Where the Owner instructs or requires the Operator to apply pricing or availability restrictions contrary to the Operator’s professional advice, and such instructions result in reduced occupancy or vacancy of the Property, the Operator shall not be liable for any deterioration, damage or issues arising from such vacancy.

5   The Owner hereby grants the Operator a limited power of attorney for the duration of the Agreement, solely to the extent necessary to manage, operate and let the Property for short-term holiday rental purposes in accordance with this Agreement.

6   The Owner shall be solely responsible for determining, registering (if applicable), reporting and paying any VAT or other taxes arising from income generated from the Property in accordance with UAE laws and regulations. The Operator shall not be responsible or liable for any such tax obligations.

7.1   This Agreement and these Terms & Conditions are drafted in the English language. In the event of any translation, the English version shall prevail for the purposes of interpretation and enforcement.

7.2   This Agreement and these Terms & Conditions, together with any amendments or additions, shall be valid and binding if made in writing, including where concluded by electronic means of communication.

7.3   This Agreement and these Terms & Conditions shall be binding upon the Owner and their respective executors, administrators, heirs and successors in title.

8   This Agreement and these Terms & Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai.

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