Homeowner Terms and Conditions
Agreement with Serene Quarters LLC with respect to services for homeowners in the United States of America.
Please take time to read this document carefully. It is the basis of the contract between you and us. These Terms and Conditions are subject to completion and amendment in accordance with the Lease Agreement and once you have signed the Lease Agreement shall form the contract between you and us (the “Agreement”).
In these Terms and Conditions, we have included a summary in italics to help with understanding the meaning of each section. You should, of course, read all of the Terms and Conditions before entering into the Agreement. If there is any conflict between the summary and the relevant Term, the Terms and Conditions shall prevail.
Summary of key terms
Terms & Conditions
Contract and Status
We provide a service by purchasing or leasing time at your residence with the intention of renting the residence to transient short-term guests. The Lease Agreement covers our terms with you and the service we provide.
This Agreement is between the homeowner (“you”) and Serene Quarters LLC (“we” or “us”).
When guests stay at your home we enter into a separate contract with them that covers the terms of their stay.
We provide a service through which we secure an interest through a lease on your property for an initial set period, which may be spread over a longer period of time (for example, two weeks out of two months), which guarantees you a set income. We will then market and host members of the public (“Guests”) to use the property pursuant to a short-term license to occupy (each a “Booking”). We contract with each Guest via a separate agreement that takes into account any specific house rules (known as the “Accommodation Agreement”) for any part of a leased period which provides the guest a license to occupy the property on the agreed upon dates.
You agree that you have the right to lease your home and offer stays in your home to guests.
You represent and agree that, as the homeowner, you own the Property or are duly authorized to arrange for use and occupancy of the Property by way of license to occupy (as principal and not as agent) and to enter into this Agreement for the use of the Property by way of license to occupy.
These Terms and Conditions will apply to all arrangements between you and us until either party terminates this Agreement in accordance with clause 7. Following termination, these terms will continue to apply until such time as all pending bookings and financial arrangements have been settled. Please note that these terms and conditions will apply if you terminate the marketing of this Property and engage us to market another Property or if we secure a one-off license to occupy of the Property.
Appointment and Exclusivity
Through our Website, travel partners, and marketing, we will find guests to stay in your home for short-term stays. You will not use other platforms and you’ll inform us if you ask someone else to market your home.
You appoint us (including any Serene Quarters company nominated by us) to identify people to use your Property on a licence to occupy basis. Unless otherwise agreed you agree to Serene Quarters being the only service you use for this purpose. You must inform us immediately if the Property is marketed by you or any third party for sale or for other short or long-term licenses or leases.
We are entitled to negotiate on your behalf to conclude contracts during the agreed occupancy period set out in the Lease and as further agreed between you and us from time to time.
There may be costs to prepare your home for short-term rentals. We’ll inform you of them before they arise.
In order for us to lease your Property you may need to pay costs associated with listing including, but not limited to third party costs relating to and arising from inspections, any remedial work to allow you to comply with health and safety, and any associated costs to bring the property up to rental standards (as outlined in Clause 3.4).
We are authorized to access and look after the Property during any lease period and, if necessary, we will be entitled to engage tradespeople such as plumbers and electricians on your behalf as set out below. Before we list your home for use by guests, we’ll agree with you as to rules for the use of your property as well as any special instructions. These rules will be part of the agreement with guests.
Prior to marketing we will also consult with you to agree among other things, on any particular rules for the Property (“House Rules”), and any initial special instructions (such as which drawers or cupboards will be secured and the condition in which we would expect the Property to be left prior to a guest occupancy). The House Rules as well as the special instructions may change from time to time. We will take reasonable steps to ensure that our staff and contractors as well as any Guests using the Property obey any House Rules to which we have agreed with you, but are not liable for any breach of the House Rules by those parties. You are responsible for making sure that your home is tidy and complies with applicable health & safety regulations before a stay. We can point you in the direction of resources to help you check.
Before any occupancy of the Property by any guest you will be responsible for ensuring that the Property is tidy and sufficiently clean and complies with all relevant health & safety regulations or requirements (“Regulations”). If you then request us to do so we will assist in arranging for plumbers, electricians or other third parties to visit the Property and carry out any necessary inspections or remedial work. If, prior to commencement of a booking the Property is not tidy or sufficiently clean then we may also arrange for tidying and additional cleaning beyond that which we routinely provide. You agree that we, if required (such as in an emergency), may send contractors to your home and you will be responsible for the cost. Our Damages Policy provides details of when we may engage third parties.
If we engage any third parties in accordance with our Damages Policy, then we are authorized to pay those third parties on your behalf and charge you for the costs of that work. This will be payable in advance or, at our sole discretion and may be deducted from rent paid or time purchased. Please note that in the event that this Agreement or our marketing of the Property is terminated while any sums are outstanding then all such sums must be paid in full (see below). A copy of the current Damage and Maintenance Policy is available on our website.
We require a minimum of two sets of keys on commencement of the listing of the Property. If necessary and with your authority we may arrange to obtain these ourselves by way of having copies made of a single set of keys provided by you or you may arrange for this yourself. You authorize us to enter the Property for the purposes of providing all services necessary to assist you in preparing the property for use by guests, identifying potential guests and any bookings (which may require entering the Property prior to, during and after a booking). If we are seeking to enter the Property during a period where you have told us you are residing at the property or it is not otherwise rented by us, then we will provide you with reasonable notice.
We will offer the Property through channels which we determine, which we may at our sole discretion include listing on our website and by displaying details of your Property on 3rd party websites and in other media, but we are under no obligation to list any Property on any particular website or in other media or to secure any bookings in respect of the Property.
During a stay we will provide certain services to help Guests with their stay. This may include meeting them at the Property and providing them with certain items to enhance their stay.
We’ll determine a calendar for your home’s availability and set dates for when it’s available for Serene Quarters to welcome guests as part of the lease. If a guests booking is accepted for a period that you have confirmed available then you will be obliged to fulfil the booking.
We can update the availability schedule on your behalf at your written request. From time to time we may send you reminders by email to update the availability schedule for the Property but it is your sole responsibility to maintain your properties availability and keep it up to date. You will be able to make the Property “available” or “blocked” (not available).
Unless you have told us that the Property is “blocked”, “available”, or unless at our absolute discretion we withdraw consent for the use of “available on request” status, then the property will be deemed to be “available on request.”
If we accept a booking for a period in which you have confirmed that the Property is available then you will be obliged to proceed. If you seek to terminate a booking then you will be liable for the incremental costs of cancellation or alternative accommodation. In particular, part of the contract we negotiate with the Guest will provide for appropriate alternative accommodation in the event of cancellation by you. If there is any surplus to pay as a result of your cancellation then this will be your responsibility.
If there are any particular dates you wish to block out and on which you would like us to refuse any booking then you must let us know as soon as possible by amending the availability schedule for the Property. You will not be entitled to block out any dates once a booking has been made in accordance with this clause.
We will suggest a weekly or monthly lease price for the Property based on the Property’s location, condition, the time of year, and other relevant factors.
Your lease structure will be set out in your Lease Agreement or as otherwise agreed. Unless otherwise agreed, this will be a fixed amount for a lease period during which a Property may be rented. Whether or not the property is rented during this period, you will receive your agreed upon lease payment.
All of our lease arrangements are subject to deductions for any amounts you may owe to us and we will be authorized to deduct from your payments, any set-offs or disbursements such as exceptional precleaning fees or emergency repairs.
We may propose alternative lease arrangements to apply during particular calendar periods. Any such Special Arrangements will be communicated by us in writing and will clearly bear the title “Special Arrangements” or words to that effect. If we do not hear back from you within 7 days, we shall regard the proposed arrangements as agreed.
You are responsible for compliance with all laws and regulations that relate to leasing the property to us and to short term use of your property by Guests.
As a Homeowner of a Property letting to us as a tenant you may be under various obligations with respect to health and safety. You are responsible for compliance with relevant local and state laws.
We have provided guidelines for you which explain what you need to do to make your Property safe. We will provide reasonable assistance with this, however, you are responsible for ensuring such compliance. In particular you are responsible for compliance with any regulations which require that:
- gas appliances are properly and regularly maintained,
- furniture is appropriately fire retardant,
- electrical appliances and outlets are safe,
- smoke and carbon monoxide alarms are installed,
- window guards are provided if required by local law; and
- the Property is safe and fit for occupation generally.
You acknowledge that we are not qualified to provide advice on health and safety or fire risk matters. It is your responsibility to ensure that the Property complies with any requirements. Our maintenance policy and services will extend to the utility and aesthetics of the Property but we will not be responsible for resolving health and safety or fire hazards unless these are obvious to our staff and fall within our maintenance policy. We also recommend that you check your existing insurance to ensure that it covers short-term rentals.
In addition to your requirements under clause 6.3 and for the avoidance of doubt, you acknowledge that you are responsible for the condition, safety and compliance with all laws, ordinances, rules and regulations applicable to pools, spas, hot tubs and recreational equipment (including but not limited to, trampolines, jungle gyms and swing sets) in, at or about your Property. You will also maintain any pool, spa, hot tubs and recreational equipment in a safe condition and will comply with all manufacturer’s installation, use and maintenance rules, requirements and guidelines. You will also take all reasonable safety precautions to avoid injury and damage to Guests in relation to any recreational facility.
If you have any concerns about any regulations relating to fire or health and safety then please let us know and we will introduce you to a third party partner organization qualified to inspect your Property in order to advise about fire risks, health and safety and any remedial work which needs to be undertaken.
You also warrant that you own the Property or that you are authorized to arrange for use and occupancy of the Property by Guests. If you are in any doubt you should check the terms of your lease, mortgage deed and/or title and any condominium rules or other governing documents relating to your property to ensure that you are able to provide short-term use and occupancy by third parties.
Either you or we may end this agreement at any time after the initial lease period with 60 days written notice, and you agree to honor any outstanding confirmed bookings.
Either party may terminate this Agreement at any time after the initial lease period with 60 days written notice. If you terminate this Agreement, you agree to honor any outstanding Bookings and/or previously leased weeks. If there are outstanding Bookings at the date of termination then we will not accept any new bookings for the Property but the contract will continue in respect of those existing Bookings (subject to clause 8).
In the event that this Agreement is terminated while any fees or charges whatsoever are outstanding to us, then you must pay all outstanding fees or charges to us immediately without set-off or deduction.
We will be entitled to terminate this Agreement immediately if:
- you are in material breach of any of the terms of this Agreement; or
- you do anything to put our goodwill or reputation at risk; or
- you refuse to allow a booking to proceed after a booking has been made in accordance with this Agreement (in addition to our rights under clause 8); or
- you refuse to cooperate with us in respect of this Agreement.
If any bookings are outstanding on termination by us under this clause then clause 8 will apply.
In the event of termination the terms of this Agreement will continue, so far as such terms relate to existing bookings or the consequences of any previous booking (including terms relating to leases, expenses, liability and damage).
Cancellation or Refusal of Booking by You
In the event you have to cancel a confirmed booking or leased period you’ll be liable for all costs or losses of cancelling and accommodating the guests elsewhere.
In the event that:
this Agreement is terminated by you and existing bookings cannot proceed under clause 7.1 (e.g. because you sell the Property); or
this Agreement is terminated by us under clause 7.3 while there are existing bookings; or
you refuse to allow any booking which has been made in accordance with this Agreement to proceed,
then you will be liable to us (under the terms of this Agreement) for all associated costs, charges, damage and liability which we incur.
Our Liability to You
We limit our liability to you in certain respects. This paragraph details the limited nature of our liability and we recommend you review it in full. If you have any questions, ask us.
We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of our services (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, willful concealment, or theft.
We accept liability for damage to the Property and damage, loss and theft of the contents of the Property solely in accordance with clause 6.3, clause 9, and clause 11. We may change the terms of our insurance which covers damage to the Property or contents (including changes to the exclusions, limitations or underwriter of such insurance) in which event we will notify you in writing. Please refer to clause 11. You are entitled to obtain additional coverage at your own expense.
Nothing in this Agreement limits or excludes our liability for death or personal injury arising as a result of our negligence.
Given that you are entitled to obtain additional insurance in respect of damage to the Property and given that we are unable to ascertain in advance the level of any other losses, you accept that the limitations on our liability set out above are reasonable.
It’s your responsibility to ensure your home is ready, safe, and available for occupancy during the lease period.
You will be liable to us to the extent that we may suffer or incur any loss or damage in respect of any breach by you of the terms of this Agreement or any Lease Agreement.
You will be liable for ensuring that the Property is both available on the dates which have been leased and is in the condition as shown in the photography taken for advertising purposes.
Insurance and Property Damage
If a guest causes damage or loss to your home or contents during a leased period (other than wear and tear arising from the ordinary use of the home), we’ll accept liability and will recover it from the guest or under the insurance policy. You are required to carry an underlying dwelling policy that fully covers the structures for actual rebuild cost. Please see our Damages Policy for further details on what constitutes damage, wear and tear and a home breakdown.
If as a result of a leased period you suffer damage to the Property or loss, theft or damage to Property contents and that loss or damage is directly caused by Serene Quarters or its Guest staying at the Property under an agreement we have negotiated and this sum is not recovered from the Guest, then we will accept liability for such loss or damage up to the limits of this Agreement and the insurance policies. We may, from time to time, adopt policies or guidance relating to damages and the liability for damages, which will be binding on you. We will notify you of the existence of such policies or guidance in advance.
If as a result of a wilfull or negligent act or omission on our part, you suffer damage to the Property or loss, theft, or damage to Property contents then we accept liability for such loss or damage (subject to clauses 9.2 and 9.4).
In the event of property damage or for theft, loss or damage to Property contents, you must inform us as soon as you become aware of a loss.
If required, we can provide a (non-exhaustive) summary of cover, exclusions and limitations under our insurance policy. Unless we specifically inform you otherwise we will, through our own means or by reimbursement from a Guest, cover light damage and will rely on insurance to cover significant damage.
Our insurance will act as the primary coverage for liability claims as well as contents coverage. Should a claim not be fully satisfied under our policy, it would then be turned over to the underlying policy held in place by the home owner.
Please note that the amount you receive in the event of a claim will likely be subject to a deductible (which we will reimburse up to $2,500) and will be subject to other limitations and exclusions.
We remain at all times a lessor with said interest and not an owner or licensee of any property.
This paragraph covers the general terms of our agreement and our service. Amongst other things, you confirm your right to enter this agreement with Serene Quarters.
You agree that you have the power to enter into this Agreement, that you own or are authorized to permit the use and occupancy of the Property by Serene Quarters and its Guests as principal and that the Property is not subject to any third party rights which might affect your ability to do so. You acknowledge that we may share your information with third parties or companies within our group.
You will not be entitled to withhold by way of set-off, deduction, or counterclaim any amounts which you owe to us against any amounts that we may owe to you.
We may use group companies, employees or self-employed contractors and we shall have discretion as to which of our employees or subcontractors are assigned to perform any duties.
This Agreement is personal to you and may not be assigned. If you sell the Property you may not transfer this Agreement to the purchaser except with our express written consent.
We will be entitled to assign or sub-contract our obligations under this Agreement.
We will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control such as severe weather, a natural disaster, strikes, governmental action, widespread illness, pandemic, terrorism, war and civil unrest.
Save in the case of fraud, these terms as completed and supplemented by the Lease Agreement and any written correspondence between you and us from time to time in respect of Special Arrangements represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
These terms shall be governed by and construed in accordance with the internal laws of the state in which the subject Property is located, without regard to conflict of laws and rules and shall be deemed to have been made in such state.
If you breach these Terms and Conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
We may revise these Terms and Conditions from time to time, and will always have the most recent copy available upon request. If a revision materially affects your rights, we will notify you (by, for example, sending a message to the email address associated with your account or by mail). By continuing to use our services after the revisions come into effect, you agree to be bound by the revised Terms and Conditions.
Any notice under this Agreement may be served by letter or email. A notice of termination which is sent to us by email shall not be effective until it has been acknowledged by us (and any ‘out of office’ or autoreply shall not amount to an acknowledgement for the purposes of this clause).