Terms & Conditions for Letting Agents

Vakobi Limited
p=. TERMS AND CONDITIONS
p=. (“VAKOBI”)

DESCRIPTION: This contract provides for the provision of booking holiday accommodation on the Vakobi Website. A description of this service is in the General Conditions attached.
TERM: This service will be provided as soon as possible after the date of the client confirming acceptance of the terms and conditions attached and subject to the payment of the Rental Sums in full by the Customer.
PAYMENT: Vakobi shall be entitled to a percentage Commission Charge of the gross transaction between the Customer and the Accommodation Provider including local taxes which shall be deducted, from the Customer’s credit card booking in the manner set out in the General Conditions attached hereto.
VAKOBI NAME & SYSTEM: The Vakobi name and web-system and product software and Website remain at all times owned products of Vakobi.

GENERAL CONDITIONS
p=. (“The Vakobi Webpage”)

1. DEFINITIONS

“The Accommodation Provider” means either the individual owner or the letting agent of the Listed Property or other accommodation venue which subscribes to the services provided by Vakobi.
The “Vakobi Website” (hereinafter referred to as “the Website”) is a wholly owned product of Vakobi. It is an automated service to enable the web link to the Reservation Form to reserve accommodation by the Customer with the Accommodation Provider who subscribes to the Vakobi service.
“Vakobi” means Vakobi Limited alimited liability company registered in Ireland company registration number 459230 having its registered office at 101 Wainsfort Manor Drive, Terenure, Dublin 6W.
“Cancellation” means the cancellation of a booking made by a Customer with an Accommodation Provider who has cancelled a reservation made using the Vakobi Website within the period specified in the Cancellation Policy set out in the Property Listing.
The “Customer” means any person or party or body corporate who makes a reservation with the Accommodation Provider through the Website.
The "Listed Property” means the dwelling house or other accommodation venue listed by the Accomodation Provider on the website.
The "Reservation Form” means the confirmation of the offer of a Listed Property by an Accomodation Provider and acceptance by a Customer to rent the Listed Property for a specified period for the Rental Sum payable in its entirety in advance via the Website subject to the within terms and conditions.
The "Rental Sum” is the full sum paid by the Customer to the Accommodation provider via the Vakobi website in advance for short term accommodation use of the Listed Property at the specified times agreed between the Accommodation Provider and the Customer.
The “Percentage Commission” the commission payment (the level of which shall be notified at the point of listing) in consideration for the platform service provided by Vaklobi which shall be deducted from the Rental Sum by Vakobi at the point of reservation of a Listed Property between the Customer and Accommodation Provider.

2. PROVISION OF INFORMATION

It shall be the sole responsibility of the Accommodation Provider providing information to Vakobi Limited for inclusion on the Reservation Form to ensure and check the accuracy of all information provided.

Vakobi Limited shall confirm the listing of a Listed Property when it has received the formal instruction to do so and the acceptance of the terms set out herein from the Accommodation Provider to place the Listed Property on the website and in the Reservation Form.
It shall be the sole responsibility of the Accommodation Provider to fully check the accuracy of all information displayed on the Website and contained in the Reservation Form.
It shall be the sole responsibility of the Accommodation Provider to maintain accurate and up-to-date records and details of availability and pricing of accommodation allocated to the Reservation Form.
No liability shall attach to Vakobi Limited, its servants or agents for any inaccuracies contained in any information on the Website or in the Reservation Form following the instructions of the Accommodation Provider to place the proposed information on the Website and in the Reservation Form.
Vakobi Limited reserves the right to exclude information or graphics where these are considered by Vakobi to be unlawful or contrary to public policy general acceptability or contrary to Vakobi’s policy of data publication on the internet. In the event that Vakobi invokes the power of reservation as described above, the Accommodation Provider shall not require or be given an explanation by Vakobi.
In the event that any of the information listed on the Website by the Accommodation Provider (also contained in the Reservation Form), changes or alters, it shall be the responsibility of the Accommodation Provider, as soon as is possible, to update the details of the Listed Property on the Website and to make any required amendment/s to the Website and Reservation Form. No liability whatsoever shall attach to Vakobi for any inaccuracies in the description of a Listed Property or errors in the periods listed for availability of the Listed Property to the Customer.
Vakobi shall have absolute discretion as to the choice of the Accommodation Provider subscribing to the Website and the content of the Accommodation Provider’s information that shall appear on the Website/ Reservation Form.
No objection by the Accommodation Provider shall be entertained by Vakobi in relation to any Customer once the Reservation has been accepted and processed on the Reservation Form

3. THE BOOKING

Vakobi shall not complete the booking or process payment until it has received the formal instruction and confirmation of the Accommodation Provider to place the information in the Reservation Form and has formally confirmed its acceptance of the Customer’s booking in accordance with the terms and conditions herein.
The Website and the IT web link to the Reservation Form which is hosted and managed by Vakobi are wholly owned products of Vakobi for use as a platform for the listing of accommodation by the Accommodation Provider and the reservation of a Listed Property by the Customer on payment in full of the Rental Sum to Vakobi and the deduction of the Percentage Commission. The remittance of the net Rental Sum to the Accommodation Provider shall be made no earlier than the first day of the rental period reserved by the Customer.

4. THE RESERVATION FORM

The Customer shall using the vakobi Website as a platform reserve accommodation on with the Accommodation Provider who subscribes to the Website its terms and conditions of business and the Reservation Form. The listing of any Listed Property and their reservations are strictly subject to the following conditions :-
- The accommodation provided by the Accommodation Provider matches the accommodation details displayed in the Reservation Form.
- That the Accommodation Provider has legal title to the Listed Property entitling it to rent the Listed Property to a Customer for the periods appearing on the Reservation Form.
- Vakobi reserves the right to refuse to complete a reservation if the details entered by the Customer in the Reservation Form do not meet criteria set out from time to time by Vakobi.
- Vakobi reserves the right to refuse to complete a reservation if the details of the Listed Property do not meet the criteria set out from time to time by Vakobi.
- Vakobi merely facilitates the reservation of accommodation on behalf of the Accomodation Provider with the Customer in consideration for the Percentage Commision. Vakobi has no responsibility or liability in the event that a Customer, subsequent to making a reservation, cancels that reservation. In this event, Vakobi shall have no liability to the Accommodation Provider for any outstanding monies due nor to the Customer for the Rental Sum paid to the Accommodation Provider. At all times the Percentage Commission deducted at source shall be retained by Vakobi absolutely in the event of cancellation and remains non-refundable.
- It is the duty and the responsibility of the Accommodation Provider to ensure that the accommodation is reserved for the Customer upon receipt of the Customer’s completed Reservation Form from Vakobi and full confirmation of payment of The Rental Sum by the Customer. For the purpose of absolute clarity, it is at all times understood that the contract for the provision of accommodation is strictly between the Customer and the Accommodation Provider. The Vakobi Website is merely a conduit to facilitate reservations.
- It is the duty and the responsibility of the Accommodation Provider to ensure that the standard of the Listed Property and accommodation provided to the Customer is equal to that and of the same standard as described in the Reservation Form and as appears on the Website.
- It is the duty and responsibility of the Accommodation Provider to endeavour to satisfy any extra requirements specified by the customer in the Reservation Form.
- The Reservation Form shall only be made available to an Accommodation Provider that owns a valid e-mail address which is used for the purpose of communicating with Customers. It is the duty of the Accommodation Provider to ensure that a work system is in place wherein the Accommodation Provider checks on several occasions daily for incoming e-mail. It is the duty of the Accommodation Provider to immediately inform Vakobi of any change in its e-mail address or the functionality of its e-mail service.
- In the event that the Accommodation Provider fails to provide accommodation validly reserved through the Reservation Form to the Customer, then the Accommodation Provider shall be solely liable to the Customer for any losses or damages suffered and sustained by that Customer. The Accommodation Provider hereby agrees to fully indemnify Vakobi for any such losses and damages suffered and sustained by the Customer.
- It is the duty of the Accommodation Provider to ensure the Listed Property is reserved and made available for use by the Customer at the agreed period once the reservation is processed. In subscribing to these terms and conditions the Accommodation Provider warrants that the Customer at all times maintains priority booking (regardless of the time of the Reservation) over the Listed Property which may have been double listed on another site or venue. Failure to adhere to this condition will result in forfeiture of the Rental Sum by Vakobi.
- In the event that any circumstance occurs which affects the ability of the Accommodation Provider to provide the Customer with accommodation validly reserved through the Reservation Form, then it shall be the responsibility of the Accommodation Provider to make direct contact with the Customer as soon as is possible and inform the Customer of such change of circumstance.
- Vakobi provides no guarantee or warranty of the creditworthiness of the Customer. Vakobi accepts no liability for the inability of the Customer to pay for accommodation or services provided by the Accommodation Provider. The Accommodation Provider hereby waives any cause or right of action against Vakobi in this regard.
- Vakobi provides no guarantee, warranty or indemnity in respect of the Accommodation Provider and accepts no liability for the inability or refusal of the Accommodation provider to deliver the Listed Property for rental pursuant to the Reservation Form which shall be the subject of contract law between the Accommodation Provider and the Customer and not Vakobi which is specifically excluded from the contractual arrangement between those parties.
Upon receipt by Vakobi of a validly completed Reservation Form by the Customer hosted by the website pursuant to these terms and conditions, Vakobi shall confirm with the Accommodation Provider the necessary details of the Customer’s accommodation requirements and contact details. Vakobi shall also send an email to the Customer confirming that the accommodation selected per the Reservation Form has been reserved with the Accommodation Provider whereupon a binding contract subsists between the Accommodation Provider and Customer.
If a customer cancels his Reservation on the Website within the required period specified by the cancellation policy pertaining to the Listed Property then Vakobi undertakes to issue the Customer with a cancellation refund and to immediately inform Accommodation Provider of the cancellation. Nevertheless, no refund of the Percentage Commission herein defined shall be made to the Customer or the Accommodation Provider which shall be retained by Vakobi.

5. PAYMENT

Vakobi shall charge the Customer a non-refundable Percentage Commission on completion of the booking which shall be deducted directly from the Accommodation Provider’s total accommodation cost, the Rental Sum inclusive of local taxes. The Percentage Commission and full rental payment shall be paid by the Customer to guarantee a booking with the Accommodation Provider. The Percentage Commission shall be equivalent to the percentage agreed by the Company from time to time with the Accommodation Provider.
In the event of cancellation by a Customer, Commission Charges are non-refundable.
Vakobi shall process the charge for the commission in respect of the on-line transaction at the time of booking by credit card or PayPal.
The total Rental Sum payment for the accommodation is processed on the Vakobi Website. It is agreed that no liability attaches to Vakobi whatsoever in the event that the Customer fails, refuses or neglects to pay the Accommodation Provider for any further additional or other costs incurred.

6. NO WARRANTIES

Vakobi accepts no responsibility and provides no warranty for the performance by the Accommodation Provider in providing the accommodation.
Vakobi provides no guarantee or warranty whatsoever to the Accommodation Provider relating to the volume of traffic or hits on the Website.
Vakobi provides no guarantee or warranty whatsoever to the Accommodation Provider for the quality of graphics, photos or images provided by the Accommodation Provider to Vakobi and hosted on the Website
To the fullest extent permitted at Law, Vakobi provides the web platform for reservations. The content of this platform is on an “as it is basis”. The platform makes no (and expressly disclaims all) representations or warranties of any kind, expressed or implied with respect to the Website or the information, content, materials or products included relating to the Accommodation Provider’s accommodation including without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Vakobi does not represent or warrant that the information accessible via the platform in relation to the Accommodation Provider’s accommodation is accurate, complete or current. Vakobi does not represent it self as an agent for the Accommodation Provider.
Vakobi specifically disclaims any liability whatsoever in respect of any damage sustained to the Listed Property during the Customer’s occupation.

7. TERMINATION

Vakobi may by notice in writing terminate the this contract or suspend its performance or its obligations under it immediately and without any liability for compensation or damages if :-

The Accommodation Provider fails to comply with any of its express or implied obligations under this Contract or any Agreement supplemental to it.
The Accommodation Provider fails or ceases to perform its duties under this Agreement to Vakobi or the Customer to Vakobi’s reasonable satisfaction.
Any circumstances arise which give reasonable grounds in Vakobi’s opinion that the Accommodation Provider has or may become incapable of performing its duties under the Agreement.
Any instance of “double booking” which occurs in respect of an Accommodation Provider’s accommodation.
The Accommodation Provider convenes a meeting of its creditors or suggests a petition to be presented or a meeting to be convened or any other action to be taken with a view to its liquidation or a receiver is appointed over the Accommodation Provider or the Accommodation Provider makes or seeks to make any comprise or arrangement with its creditors or the Accommodation Provider files for bankruptcy.
The Customer convenes a meeting of its creditors or suggests a petition to be presented or a meeting to be convened or any other action to be taken with a view to its liquidation or a receiver is appointed over the Customer or the Customer makes or seeks to make any comprise or arrangement with its creditors or the Customer files or bankruptcy.
The Accommodation Provider is guilty of any grave misconduct or wilful neglect in the discharge of its duties under the Agreement.
The Accommodation Provider is guilty of any act which brings Vakobi into disrepute of which in Vakobi’s reasonable opinion is prejudicial to its interest.

Vakobi shall not be liable for any failure in the performance of any of their obligations under this Contract caused by factors outside of their control.

8. JURISDICTION

The contract shall be governed and construed in accordance with the laws of the Republic of Ireland and the parties hereby submit to the exclusive jurisdiction of the Irish Courts. The exercise by Vakobi of its rights hereunder is without prejudice to any of its other rights. The complete or partial invalidity or unenforceability of any of these terms and conditions shall in no way affect the validity or enforceability thereof for any other purpose or of any of the other terms and conditions.

9. GENERAL

Any relaxation or indulgence granted by Vakobi to the Accommodation Provider shall not be deemed in any way to be a waiver of or to be prejudicial the rights of Vakobi under the contract.
For the avoidance of all doubt the contract for the provision of accommodation and all ancillary services is strictly entered into between the Accommodation Provider and the Customer. The Accommodation Provider shall provide Vakobi with a full indemnity against any claim which any Customer may have against the Accommodation Provider for any losses or damages including costs suffered and sustained by any Customer due to the negligence, breach of duty, misrepresentation or breach of contract of the Accommodation Provider.
It is at all times agreed between the Accommodation Provider and Vakobi that no partnership or contractual relationship exists between the Accommodation Provider and Vakobi save as that of a host provider for the Accommodation Provider’s accommodation. Vakobi specifically disclaims any agency on behalf of the Accommodation Provider.

10. DATA PROTECTION

Vakobi and any parties to this Agreement shall duly comply with all relevant requirements of the Data Protection Act 1988 (in this clause the Act) including compliance with the following:-

The data Protection principles established in the Act.
Requests from Data subjects for access to data held by it; and
The requirements relating to the registration of users on the
website.

Any disclosure of transfer of data by the Vakobi to persons approved with specific consent from third parties to do so shall be in a manner compliant with the applicable Data Protection Legislation. In this paragraph “Data” means all and any information which has been provided or will be provided to Vakobi by a Customer or third party including any within an accommodation provider, any application, reservation and transaction data in respect of credit card payment details or other such data.