121 Holidays Ltd Owner Terms & Conditions
IMPORTANT UPDATE
AUGUST 2021 -: NOTIFICATION TO US OF OWNER BOOKINGS & BLOCKED DATES.
PAYMENT DETAILS AND TIMESCALES ANNEX 1.0 ADDED
Notification of owner Bookings & Blocked Dates
It is your responsibility to keep 121Holidays up to date with any existing owner bookings or dates
we are not allowed to receive bookings on your behalf upon joining 121Holidays.
It is also your responsibility to keep us informed at all times with any new owner bookings or dates
we are not allowed to receive bookings throughout the entire period you instruct us to act for you to
obtain new bookings.
If we receive a booking for you and you have not told us about a pre-existing booking or date that
we are not allowed to receive bookings for you and we have to cancel that booking the following
charges may apply: –
1) 2) 3) Channel & 121Holidays’ Commissions; The Channel and 121Holidays will be entitled to
our respective commission even if we cancel the booking because we and the channel will
have acted in good faith investing time and money marketing your property to receive that
booking.
Relocation Fees; In some circumstances the Channel has in their service agreement with the
guest that they will relocate the guest as best they can to another accommodation of equal or
better standard. In some cases the cost of this could amount to £100’s or even £1,000’s
pounds more than the cost of your accommodation. The additional cost of the new
accommodation is passed on to 121Holidays and will therefore be passed on to you as the
Owner responsible for the Channel/121Holidays needing to relocate the guest.
121Holidays’ Administration Fee. 121Holidays may charge an administration fee of
£25.00 to cancel each booking and assist in relocating the guest to another accommodation.
By agreeing to these Terms & Conditions if we have to cancel a booking and have not been advised
by you already that these dates should not be available for a guest to book, the above
“Commissions” and “Fees” will be passed on to you and either taken from your subsequent booking
incomes or invoiced to you for immediate payment.
121Holidays do not want you, as our Letting Partner, to incur any unnecessary fees and we will
always try to mitigate any and all charges that may arise during our working relationship so it is
important we draw your attention to these potentially very high charges.
HOW TO ADVISE US OF EXISTING AND ONGOING OWNER BOOKINGS OR DATES WE ARE NOT ALLOWED
TO RECEIVE BOOKINGS FOR YOU:
1) Contact your 121Holidays Account manager
2) Email the Owner Support Team on Owners@121holidays.co.uk
3) Use the WhatsApp Business chat on +447957591885
4) If you have an “ical” calendar link for your accommodation you can share this with
us and this will automatically update our systems every time you block out any dates or receive an
owner booking.
121 Holidays Ltd Letting Partner Terms & Conditions
1) Who we are
121 Holidays Ltd (“we/us/our” or “121 Holidays Ltd”) is a Limited Company incorporated in England & Wales,
company number 11843617. Our registered office is at 6 Fforest Hill. Neath, South Wales, SA10 8HD
2) Terms of service
These are the terms of service (“Terms”) which apply to all use of our property marketing (“Service”) through our
platform and website at www.121Holidays.com & www.121Holidays.co.uk (“Site”).
Please read these Terms carefully before you start to use the Site or register for our Service. By registering to use our
Service, or by using the Site, you are entering into a legal binding agreement with us based on these Terms (referred to
as the “Agreement”). A copy of these Terms can be found on our Site but if you are reading this Agreement for the first
time we suggest you print or save a copy.
If you do not agree to these Terms, please refrain from using our Site and Service.
We reserve the right to amend these Terms from time to time. If the changes are deemed material, we will email you
to alert you to our new Terms along with a link to the new version of the Terms. Your continued use of the Site or the
Service will be deemed to be acceptance of any new Terms.
3) About the Service
We are providing an online property marketing service. This means that we will facilitate the online logistics associated
with marketing a holiday home, or short-stay accommodation including:
● marketing your properties on your selected property listing websites (“channels”);
● building integrating and optimising your listings on your selected channels;
● dealing with guest enquiries and pre-arrival questions; and
● processing payments from your channels and guests.
Please note that we are not responsible for any onsite services (e.g. such as cleaning, maintenance or repairs).
4) Scope of our Services
When you use our Service, we can market and deal with bookings for you. However, please note that when we do so
we act as your agent and not on our own behalf or on behalf of any third party.
This means that when we market your properties on your selected channels, you are entering into a direct (legally
binding) contractual relationship with the relevant channel. Likewise, when we take a booking on your behalf, you are
entering into a direct (legally binding) contract with your guest to provide your accommodation services (your “Owner
Services”) in accordance with your own terms and conditions. We act solely as an intermediary between (i) you and
your channels; and (ii) you and your guests.
It also means that when you use our Service, you appoint us as a payment collection agent solely for the limited
purpose of accepting payment from your channels or guests in connection with the provision of your Owner Services.
You agree that payment made by a channel and/or guest through 121 Holidays Ltd shall be considered the same as a
payment made directly to you, and you will provide your Owner Services in the agreed-upon manner as if you received
the payment directly from the channel or guest (as applicable). You also agree that we may refund a channel and/or
guest in accordance with the Channel or 121 Holidays Ltd cancellation policy. Our obligation to pay you is subject to
and conditional upon successful receipt of the associated payments from the channel and guest. In accepting
appointment as a limited payment collection agent we assume no liability for any of your, or your channel or guests,
acts or omissions.
5) No Additional Expenditures
The Parties acknowledge and agree that the amounts received or retained by 121 Holidays Ltd under this Contract
adequately cover any marketing, IT and any other costs and expenses incurred by 121 Holidays Ltd in the ordinary
course of its business in relation to its facilitation of Bookings in accordance with the provisions of this Contract. The
Parties further acknowledge that 121 Holidays Ltd will not incur any exceptional and/or additional expenditure relating
to procuring any Bookings for Your rooms without Your prior agreement to reimburse 121 Holidays Ltd fully for any
such exceptional and/or additional expenditure, e.g. in relation to any third party marketing costs to be incurred by
121 Holidays Ltd specifically in connection with the promotion of your rooms.
6) Rates
You agree that the Rates and Rate Plans you provide to 121 Holidays Ltd will be equal to or better than those made
available through Your own Online Public booking or distribution channels. Any rules, restrictions, policies, and/or
conditions (including rules associated with cancellation) applicable to any room that you make available through the
121 Holidays Ltd System shall be no more restrictive than those applicable to any comparable room that you make
available through your own Online Public booking or distribution channels.
7) Guest Experience
You acknowledge that you will not treat any guest that books a room through the 121 Holidays Ltd System differently
than you treat any other guest that books a room through your own or any third-party booking or distribution
channels, including, without limitation, with respect to the handling of overbooking (i.e. “walk”) situations, the
allocation of room types (including, for the avoidance of doubt, with respect to views, bedding options, size of rooms,
etc.), the provision of customer service available with the booked room type and, with respect to your own online
public booking or distribution channels, the amenities available with the booked room type and the amount and
charging of Accommodation Fees.
8) Merchandising
Intellectual Property. You grant 121 Holidays Ltd and its Affiliates the worldwide, nonexclusive, royalty-free, fully paid
right and license, in any and all media now known or hereafter discovered or developed, to use, reproduce, distribute
and display the Property and Room Information for purposes of identifying, promoting, merchandising and/or
obtaining Bookings for the Property. In addition, you agree to provide 121 Holidays Ltd reasonable free access to the
Property in order to obtain images for purposes of identifying, promoting, merchandising and/or obtaining Bookings
for the Property. You represent and warrant that you and/or the Property are the owner or authorized licensee of all
Property and Room Information and that such content, and 121 Holidays Ltd’s and its Affiliates’ use, reproduction,
distribution and display of such content, does not and will not violate the rights of any third party. To the extent your
consent is required for 121 Holidays Ltd to utilize the right and license above.
You hereby represent that you have all necessary rights and provide your consent and agree that your consent may be
shared directly with third parties. Any additional advertising or marketing to be performed for you or the Property
shall be governed by 121 Holidays’ Ltd then-standard marketing terms and conditions. 121 Holidays Ltd may remove
any Property or Room Information, or edit any Property and Room Information that 121 Holidays Ltd believes to be
inaccurate or inappropriate. This contract does not grant to you or the Property any ownership interest in, or any
express or implied license or right to, any of the Materials or to any software or intellectual property rights owned by
or licensed to 121 Holidays Ltd or its Affiliates. The Property and Room Information you provide to 121 Holidays Ltd
under this Contract will be equal to or better than what you make available through your own or any third-party
booking or distribution channels.
9) Health and Safety
At 121 Holidays’ Ltd request, you agree to promptly provide 121 Holidays Ltd with a copy of your annual operating
license and/or similar certificate(s), if any, indicating your compliance with the health and safety obligations required
for you to operate legally in the jurisdictions in which you operate. In addition, 121 Holidays Ltd may provide you with
a health and safety self-assessment questionnaire from time to time, and you agree to supply the information
requested in the self-assessment in a timely manner. Further, you agree to permit any employee of or consultant
appointed by 121 Holidays Ltd to carry out health and safety review of the Property. If, as a result of a self-assessment
or a health and safety inspection, 121 Holidays Ltd recommends health and safety enhancements or changes for
Property, you agree that you will implement such recommendations within a time-frame to be mutually agreed by you
and 121 Holidays Ltd. In the event that you fail to comply with your obligations under this Section C.4.d, 121 Holidays
Ltd may terminate this Contract immediately upon written notice to you.
10) Cancellations of guest bookings
You will be asked to select one of our guest cancellation policies when you agree to these Terms. You should be aware
that the 121 Holidays Ltd policy you select will always apply, except where a channel offers a ‘grace period’ for
cancellations. A grace period for cancellation is a very short window (e.g. 48 hours after booking) where the guest can
cancel the booking even if it is within the restricted cancellation period. If a channel allows a grace period, then the
cancellation and any associated refund will proceed regardless of the 121 Holidays Ltd cancellation policy chosen. In all
other cases, channels will never have a more lenient cancellation policy than what you have chosen. The channel may
have a stricter cancellation policy than 121 Holidays Ltd and in such circumstances, the channel cancellation policy will
always apply. This means that, with the exception of cancellations during a grace period, a guest will never be given a
refund outside the policy that you have selected, the more stricter channel cancellation policy, or by verbal/written
agreement between 121 Holidays Ltd and you.
11) About your selected channels
Please note that when you select a channel through our Service, you are also accepting and agreeing to the relevant
terms and conditions of that channel. Links to each channels’ terms and conditions are available via the channel
partners’ Sites and we advise you to read these carefully. We will notify you by e-mail when a channel changes their
terms and conditions and update the links on our Site.
You will be responsible for compliance with each of your selected channels’ terms and conditions.
If we are obliged to pay a fee to a channel as a result of your breach of such terms and conditions, then we shall be
entitled to a refund of such costs from you. This includes any cancellation costs, or re-location costs which we incur as
a result of your breach, and any travel costs we may be required to reimburse your guests on your behalf due to such
cancellation. We may offset any such costs against any moneys we may owe to you or request that you refund these
costs to us.
12) Your obligations
You must comply with the terms of the Agreement as set out in these Terms.
● To qualify to use the Service you must meet the following criteria, and accordingly you warrant that you:
are over 18; have full authority to enter into this Agreement; are not currently restricted from using the
Service; will only use the Service for your legitimate interests; shall not infringe our rights, including
intellectual property rights we may have in our Site and Service; and shall only submit information that you
are entitled to submit, which is accurate and not confidential.
● You must comply with our Acceptable Use policy as set out below.
● You agree to indemnify us against all damages, losses and costs which we incur due to your failure to
comply with this Agreement.
13) Acceptable Use
● You must not store or transmit any material during your use of the Site or Service that is unlawful,
dishonest, threatening, defamatory, obscene, discriminatory or racially offensive.
● You must not send or transmit any material which infringes any third party intellectual property rights.
● You should not create a false identity or submit inaccurate, false or misleading information.
● You should not transmit any unsolicited advertising such as spam or junk mail.
● You should not knowingly introduce viruses, trojans, worms, logic bombs or other material which is
malicious or technologically harmful.
● You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any
server, computer or database connected to our Site.
14) Your rights
On condition that you comply with your obligations under the Agreement, we grant you a limited, non-exclusive,
non-transferable licence to access and use the Site and Service in accordance with this Agreement.
15) Prices, fees, important terms and Payments
15.1 Price
You are responsible for setting the minimum price for each of your properties (which we refer to as the “base price”).
We will never list your properties on any channel for less than the base price you have set, unless by verbal/written
agreement between 121 Holidays Ltd and you.
We reserve the right to add a booking fee inclusive of VAT, where applicable to your base price.
15.2 Fees
Use of the Service is free, however we will charge our commission payment of 15% inclusive of VAT, where applicable,
based on the base value from each booking made using our Service. Your commission rate will not be charged if a
guest cancels a booking and receives a full refund. If a guest receives a partial refund we will still charge the full rate of
our commission on the base price.
In addition to commissions, we will retain any booking fee added to your base price.
15.3 Important terms
We reserve the right to vary your commission rate during the term of this Agreement. However, we shall give you
adequate notice in writing of any proposed changes to the commission rate.
If you request a booking to be changed or cancelled, we will pass on the cost of any fees charged to us by a channel or
any other reasonable costs incurred as a result of this request. These will be recovered by offsetting them against any
moneys we may owe to you or request that you refund these costs to us.
If we are responsible for changes or cancellations to a booking and fees are charged by a channel, or other reasonable
costs are incurred, we will not seek to recover these from you.
15.4 Payments
Where a channel or guest makes payment to us at the time of booking, we will retain these funds until the cancellation
period has fully expired. Once the cancellation period has fully expired, we will release payment to you in the following
week.
When a channel or guest makes payment to us at another time, i.e. on arrival or departure, we will release payment to
you in the following week. Please refer to the channels terms and conditions for more information on when channels release payments.
The amount that we will deduct from each booking is detailed in the Fees section above and may include VAT. If you
are VAT registered, you can claim back this VAT. You will receive a VAT invoice whenever a payment is being sent to you
detailing what we are paying you and the commission or other deduction charge by booking.
16) Cancellation of this contract
You may cancel your Account at any time by giving us 30 days’ notice (“cancellation period”). We require this 30-day
cancellation period to off-board your properties from your selected channels.
To cancel your Account, please contact us by email at owners@121holidays.co.uk
Cancellation shall not affect any existing bookings, nor any bookings that may have been made during the 30-day
cancellation period, which you are obliged to honour. For the avoidance of doubt, this includes all existing bookings
and all bookings made during the cancellation period, regardless of the relevant check-in date for each booking. At the
end of the 30-day cancellation period, your Agreement with us will be terminated and we will not be entitled to make
further bookings on your behalf.
17) Our rights in the Site and Service
We own or validly license all intellectual property rights in our Site and Service, and in the material published on it.
Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to
use such intellectual property rights.
18) Availability of Site
We shall use commercially reasonable endeavours to make the Site available 24 hours a day, seven days a week, except
for planned or unplanned maintenance. We will try to ensure all maintenance is not carried out during office hours
and to give you as much advance notice of any maintenance as we can.
We will endeavour to respond to all support queries within two working days (based on UK time).
You are solely responsible for procuring and maintaining your network connections and telecommunications links from
your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage
arising from or relating to your network connections or telecommunications links or caused by the internet.
19) Data Protection
We shall process all personal data in accordance with our Privacy Policy and we shall both comply with our respective
obligations under applicable data protection legislation.
20) Disclaimer of warranties
The Service is provided on an ‘as is’ and ‘as available’ basis and to the extent permitted under English law, without
warranties of any kind. In particular we make no warranty that the Service will meet your requirements or
expectations or that it will be error free. We make no warranty regarding any transaction concluded between you and
a guest or in connection with the Service, and you understand that each such transaction is entered into at your own
risk.
21) Liability
21.1 Non-exclusion
We do not exclude or limit in any way our liability for:
● death or personal injury caused by our negligence or the negligence of our employees, agents or
subcontractors;
● fraud or fraudulent misrepresentation; or
● any matter for which it would be unlawful to exclude or restrict liability.
21.2 Our liability to consumer clients
If you are a consumer and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is
a foreseeable result of our breach of the Terms or our failure to use reasonable care and skill, but we are not
responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by
both you and us at the time we entered into this Agreement (for example, because you discussed it with us during the
sale process).
We are not liable to you for any business losses. If you use the Service for any commercial, business or resale purpose
we will have no liability to you for such losses, including any loss of profit, loss of business, business interruption, or
loss of business opportunity.
21.3 Our liability to business clients
Other than as stated in the non-exclusion section above, in no event shall we be liable to you (whether in contract, tort
(including negligence), equity (including restitution), breach of statutory duty, or otherwise) for:
● any defects, errors or omissions in any information, materials or instructions provided by you to us in
connection with the Service, or any actions taken by us at your direction; or
● any indirect or consequential loss arising under or in connection with the Agreement; or
● any loss of profit, loss of revenue, loss of use, loss of goodwill, loss of data, business interruption or loss of
anticipated savings, whether direct or indirect; or
● any ex gratia payment or sum paid in settlement of a claim without our prior written approval.
Our total liability to you in respect of all other loss or damage arising under or in connection with the Agreement shall
in no circumstances exceed the sum of the Commission received by us during the 12-month period preceding the date
on which the claim arose.
This section shall survive termination of the Agreement.
22) Indemnity
You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence
of your breach of the Agreement, including your breach of any of the terms and conditions of your selected channels.
23) General
If we choose to waive any particular right we have under the Agreement on any particular occasion this does not
prevent us from exercising that right on another occasion.
If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not
affect the validity or enforceability of the rest of the Agreement.
You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our
prior written permission.
If there are any disputes arising out of your use of the Site or the Service, or otherwise relating to the Agreement, then
these will be governed by English law and subject to the exclusive jurisdiction of the English Courts.