Property Management Contract Or Co-hosting Agreement For Airbnb

Sample Management Contract for Airbnb

If you are looking to manage someone’s property on Airbnb or if you are a landlord and getting someone to manage it for you, having a written Airbnb property management contract is always a good idea. 

For friends, it’s not always necessary if they are looking after it temporarily for you but if needed, don’t hesitate to get this rolled out and agreed to protect both you and the other person in case of a problem.

Here is the sample Airbnb property management contract I use for taking on a property to manage, if you intend to use this template, please alter it as per your individual needs and local legislation.

SAMPLE - PROPERTY MANAGEMENT CONTRACT

This agreement is between:

[Management Company or Host Name], [Address] (referred to as “Host”, or “NAME OF THE INDIVIDUAL”)

AND

[Insert name of property owner], [Insert permanent Address] (referred to as “you”)

1. Introduction

This agreement sets out the terms and conditions upon which [HOST NAME] will provide short let management services to you in relation to your property that you wish to let out through Airbnb or similar homestay booking websites.

2. Definitions

In this agreement, some terms are used regularly. These are capitalized and are defined as follows:

Availability Period” means the period for which the Property is available for receiving Guests;

Cleaning Fee” means a fee for cleaning and preparing the property for occupation by a Guest;

Excluded Services” means the services that Host does not provide as part of this agreement. These are listed in Appendix A;

Extra Maintenance Services” means services such as deep clean, carpet shampoo, upholstery cleaning, mould removal, pest control, oven cleaning, external window/balcony cleaning, wall painting, work at height, serious plumbing, electrical or gas works and anything that is not covered by our Services;

Fee” means the fees charged by [HOST NAME] in accordance with clause 8 below; “Guest” means a guest who is renting the property through one of the Homestay Website;

Homestay Website” means a short stay rental marketplace including but not limited to Airbnb, Homeaway, Booking.com, FlipKey, HomeAway and such other websites as chosen by us. In cases where a guest makes a reservation directly with the Host, [HOST NAME] will extend the concept of Homestay Website to that reservation;

Services” means the short let management services described in clause 3 below; “Listing” means any advertisement of your Property on the Homestay Website; “Room Rent” shall mean the total amount paid by the Guest for a booking less any Airbnb Cleaning Fee and any service fee and taxes levied by the relevant Homestay Website and/or any card processing fee ;

Property” means [property address] or such other property as agreed between [HOST NAME] and you from time to time.

3. Services

3.1 In exchange for the fee you pay to the [HOST NAME], Host shall provide the following services to you:

3.1.1 Writing up your listing and optimizing it across various Homestay Websites. The host shall select the Homestay Websites to list on unless you tell us otherwise;

3.1.2 Managing the pricing and availability calendar across various Homestay Website(s) as Host deems fit. You agree that [HOST NAME] has the expertise to make pricing decisions and is therefore not required to consult with you before accepting a booking from a Guest or setting the price for any Bookings. However, the Host will bear in mind your requirements you have informed about your monthly income expectations or your preferences around the type of Guests you wish to accept in the property;

3.1.3 Engaging a photographer (extra fees apply) to take photos of the Property for one full photoshoot. Should you cancel or postpone this photoshoot with less than 48 hours’ notice, or should a re-take photo is required due to the property not being reasonably ready as discussed, the photographer reserves the right to charge the Host an additional XX fee to cover the cost of an additional photoshoot;

3.1.4 Responding to any enquiries raised by Guests in relation to your Listings and managing all communications with the Guests including any disputes that may arise;

3.1.5 Provide housekeeping and linen service only once at the start of each Guest’s stay;

3.1.6 Remotely coordinating urgent repairs or maintenance works to your property if and only if required to ensure complete Guest satisfaction; and 

3.2 You agree that Host shall not provide the Excluded Services as part of this agreement. If you need any services, Host can discuss them as and when needed and agree to arrange them for you for extra cost plus our expenses.

4. Host Obligations

4.1 In order to allow us to provide the Services set out in this agreement you agree that Owner will:
 
4.1.1 Provide us with complete, accurate and timely information about the Property and any other information reasonably requested by us. It is your responsibility to ensure that we have all the information needed to operate and maintain the Property and look after the safety of each Guest;
 
4.1.2 Provide all the items set out in essentials checklist (see Appendix B). If these are not provided, we will buy these and charge you at cost plus reasonable expenses;
 
4.1.3 Maintain the Property at all times which includes doing repairs as soon as possible upon request by [Host Name] or refunding [Host Name] for any repairs;
 
4.1.4 Comply with all legal requirements applicable to a landlord in the US including but not limited to fire safety regulations, gas and electrical safety etc.;
 
4.1.5 Remove or lock away any expensive and fragile items in the Property and let us know about any particularly fragile or sensitive areas in the Property that you want us to bear in mind;
 
4.1.6 Empty at all shelf in the fridge, kitchen cabinets and in the bathroom and at least 1 drawer in a wardrobe for Guest use; and
 
4.1.7 Cooperate fully with us in the provision of the Services and pay our Fee and other costs when due.

5. Availability Period and Minimum Agreement

5.1 You will make the Properties available to us for short letting for a minimum period of 2 months, starting [ ] (the “initial Availability Period”). You may not reduce the initial Availability Period without our prior consent otherwise charges in Clause 5.2 below shall apply. You may extend the initial Availability Period by giving us notice at any time and any extension shall be as agreed between us from time to time in the initial Availability Period.

FIXED TERM OPTION

You will make the Properties available to the Host for short lettings from [DATE] to [DATE] (the “initial Availability Period”). You may not reduce the initial Availability Period without our prior consent otherwise charges in Clause 5.2 below shall apply. You may extend the Availability 5.1 Period by giving us notice at any time and any extension shall be as agreed between us from time to time in the initial Availability Period
 
5.2 If you would like to terminate the agreement during the initial Availability Period, you may do so by paying a break fee of XXX in addition to the other costs and fees that may be incurred.
 
5.3 HOST shall charge a Fee at the rate of X% for any reservation obtained by us during the period [DATE] but which occurs after this agreement is terminated. For the avoidance of doubt, Host will not charge any Cleaning Fee for future reservations and you may retain this fee where it has been charged to the Guest.
 
 5.4 Upon termination, Host shall return your keys on the last day of the notice period or such other date as agreed.

5.5 The Fee for Host Services provided up until the date of termination and any Fee payable as per Clause 5.3. or Clause 6.1. shall become payable immediately following termination and receipt of our final invoice.

6. Cancellation or Refunds of Bookings

6.1 If you cancel or cause a Guest to cancel any Booking or if Host is required to refund a part of a Booking, you shall be required to pay the following charges:

a. the Homestay Website’s cancellation charges, if applicable;

b. any charges levied by payment processing sites for refunds, if applicable; and

c. [Host Name]’s Fee for that booking in its entirety.

6.2 For the avoidance of doubt, “causing a Guest to cancel a Booking” shall include any situation where a Booking is cancelled due to the Property being uninhabitable due to lack of heating, hot water, plumbing, electricity and Wi-Fi or due to gas leaks, water leaks, rodents, pests, lack of cleanliness or other such serious deficiencies. 

7. Fee and Payment

7.1 Host Fees shall be X% of the Room Rent.

7.2 the Room Rent from each Guest and will go directly into your account from Homestay websites and Host will bill you on a monthly basis along with any other fees or expenses incurred by Host on your behalf from the Room Rent.

7.3 The Cleaning Fee for each Booking shall be paid directly to the cleaner. Where a Homestay Website does not have a separate provision for charging Cleaning Fees to the Guest, the Room Rent shall be adjusted so as to take into account a Cleaning Fee.

7.4 You will not be entitled to withhold by way of set-off, deduction or counterclaim any amounts which you owe to the Homestay Website against any amounts that you owe to Host or vice versa.

7.5 You agree to pay interest on any amount payable under this agreement and not paid on the due date, for the period from the due date to the date of payment at a rate equal to X%.

8. Extra Charges

8.1 In addition to the Fee stated above, the only other extra charges that will apply are as follows:

8.2 If you choose to stay in the apartment during the Availability Period, Host will clean the apartment for you after your stay and charge you the cost of the cleaning to you unless told otherwise (see Appendix C for details);

8.3 Any emergency runner services will be charged at XX in case needed (see clause 9 on Maintenance below for details); and

8.4 Extra Maintenance Services will be charged separately but only if you ask Host to book these for you.

9. Property Maintenance and Expenses

9.1 You agree that you shall be primarily responsible for the maintenance and upkeep of the Property and shall ensure that the Property is in a good condition for Guests’ use. 

9.2 You also agree and acknowledge that there will be some amount of normal wear and tear of the Property due to Guest use and that you shall be responsible for making good such wear and tear.

9.3 Ensuring positive Guest requires urgent attention to maintenance requirements. You authorize [Host Name] to incur expenses of up to XXX (for each individual event) on your behalf to conduct any emergency repairs or maintenance works or take such action which [Host Name] believes are reasonably necessary to secure a good review from a Guest.

9.4 We agree that we shall not undertake any significant or major repairs exceeding XXX without your prior express consent except under Airbnb extenuating circumstances policy where there is a major safety hazard to life or property.

10. Liability and other

10.1 You understand and agree that [Host Name] does not act as an insurer and that you shall obtain the appropriate insurance for the Property and its contents.

10.2 You also agree and understand that Host is not providing investment advice or real estate advice and that you shall make your own independent decision on whether short lets are the right solution for you. Whilst the Host will use reasonable skill in attracting bookings, Host cannot guarantee that you will make an income of any particular amount and Host will not be responsible for lost opportunity cost or loss of earnings if you don’t get any bookings for whatever reason. Nor Host is liable for the suitability of the Guests given that we rely upon the verification standards of the Homestay Website and the relevant profile pages to assess suitability.

10.3 Whilst Host will use reasonable care to identify any issues that are readily apparent from regular inspection of the Property by the Host, but Host will not be responsible for the condition, safety or security of the Property. You, as the property owner, will be solely responsible for such condition, safety and security and compliance with all laws, rules and regulations applicable to the Property.

10.4 You will be liable to the Guest in respect of the quality, safety and description of the Property and will also be responsible for ensuring that the Property is both available on the dates which have been booked and is in the condition as listed or described.

10.5 You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses including (without limitation) reasonable legal fees, arising out of, or in connection with, any breach by you of this agreement or the terms of any agreement you may have in place with the Homestay Website from time to time.

10.6 You will contract directly with a Guest and we will not be liable in respect of any matter arising which relates to a Booking between you, as Host, and a Guest which includes the breakage of any items at the property caused by the Guest or due to reasons beyond our reasonable control.

10.7 We will not be liable for the provision of services by third parties (any “Third Party Supplier”) including those who provide the Extra Maintenance Services or any other maintenance or repair services that we book on your behalf. However, we will ensure that we take reasonable care and skill in selecting such Third Party Suppliers.

10.8 We will not be liable to you or be deemed to be in breach of this agreement 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 shortages, severe weather, power or other utility cut-offs, burglary, natural disaster, strikes, governmental action, terrorism, war, civil unrest or other similar occurrences.

10.9 In no event shall we be liable for exemplary, incidental, indirect, special or consequential damages or for any business, financial or economic loss such as lost reputation, lost bargain, lost profit or loss of anticipated savings arising out of or resulting from this agreement (even if we have been advised of the possibility thereof or we are asked by the Host to act against what we believe to be their best interests) and whether such loss arises as a result of negligence, breach of this property management contract, or otherwise by us or any agent, employee or third party providing services on our behalf (including a Third Party Supplier) except to the extent the foregoing limitation is prohibited by applicable law.

10.10 Notwithstanding anything to the contrary herein, subject to any exceptions set forth in applicable law, our liability for all losses, damages, and other liabilities relating to or arising out of this agreement and the Services provided hereunder (including, without limitation, with respect to property damage, damage to valuable or fragile items at the Property, personal injury and death) will be limited to the cost of obtaining replacement services or the average one month’s Fee for our Services, whichever is the higher amount.

11. Miscellaneous

11.1 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary approvals to do so.

11.2 The relationship between you and us is that of an independent contractor. We are not your agents, employees or partner of you. No partnership, joint venture, association, alliance, or other fiduciary, employee/employer, principal/agent or other relationship other than that of the independent contractor shall be created by this agreement, express or implied.

11.3 Each party acknowledges that these documents contain the whole agreement between the parties hereto and that it has not relied upon any oral or written representations made to it by the other or its employees or agents. Nothing in this clause shall limit or exclude any liability for fraud.

11.4 The parties agree that this agreement is fair and reasonable. However, if any provision of this agreement is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording was deleted, then such provision shall apply with such deletions as may be necessary to make it valid and the remaining provisions shall remain in full force and effect and this agreement shall be enforced in such manner as carried out as closely as possible the intent of the parties hereto.

11.5 No failure or delay by us in exercising any right or remedy provided by law or under this agreement and no single or partial exercise of any such right or remedy shall impair the right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time.

11.6 This agreement and any non-contractual rights or obligations arising from or in connection with this agreement shall be governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.

By: ………………………………….. 

[Host Name] 

Date:

This property management contract agreed and accepted By:

Name: 

Date:

Appendix A Excluded Services

[Host Name] does not provide the following services as part of this agreement:

  1. Deep cleans including sofa, carpet and other upholstery cleanings
  2. Co-ordinating structural or major repairs or maintenance works on the Property
  3. External window washing
  4. Washing walls or repainting them
  5. Furniture treatment
  6. Animal waste removal
  7. Gardening, garden shed cleaning, patio cleaning
  8. Mould and/or bio-hazardous substance removal
  9. Industrial cleaning
  10. The lifting of heavy furniture
  11. Cleaning surfaces above arms reach
  12. Cleaning of heavily soiled areas
  13. Extermination (insects etc.)
  14. Yard work or garage cleaning

Appendix B Guest-Ready Checklist

[Host Name] reserves the right to buy these and charge you for them.

Bedroom Essentials

  • Four Pillows per bed
  • One duvet per bed
  • Mattress protector
  • Blackout curtains
  • Bedside lamps
  • Space to hang / store clothes
  • Hangers
  • Bedroom Furnishings
  • Soft furnishings – rugs, extra cushions, throw
  • Thick mattress topper
  • Extra quilts for emergencies
  • Kitchen Facilities
  • Toaster
  • Kettle
  • Microwave
  • Cafetiere
  • Dishwasher
  • Large Bin with cover

Kitchen Essentials

  • Basic condiments for cooking* (for e.g. olive oil, salt, pepper, balsamic vinegar, sugar, basic spices etc)
  • 2 plates, 2 bowls, 2 coffee mugs, 2 glasses, 2 wine glasses per person
  • 2 forks, 2 regular spoons, 2 teaspoons, 2 knives per person
  • Frying pans, saucepans and stock-pots in basic sizes
  • Ladles*
  • Cutting knives and a chopping board
  • Peeler
  • Serving spoons
  • Pair of scissors
  • Living Room Essentials
  • Coffee table
  • TV + cable* (free view will do as well, but good to have Apple TV or Chrome Cast!)
  • Travel adaptor

Living Room Furnishings

  • Soft furnishings
  • Candles
  • Floor lamps
  • Books
  • Board / Card Games
  • Bathroom Essentials
  • Hairdryer
  • Toilet brush
  • Toothbrush holder
  • Extractor fan / Dehumidifier
  • Small Bin with cover
  • Bathroom Furnishings
  • Full-length mirror
  • Toilet roll holder
  • Rack or cabinet space for towels and guests’ toiletries
  • Shower curtains for a bath-tub if necessary
  • Cleaning Essentials
  • Mop and Bucket
  • Vacuum cleaner and 1 pack of bags
  • Multi-surface cleaning liquid
  • Dustpan & brush
  • Dishwasher tablets
  • Washer detergent tablets
  • Dishwasher salt
  • Diffuser liquid for bathrooms/room freshener
  • Febreze fabric freshener
  • Mould spray

Other Home Essentials

  • Working wi-fi
  • Iron & Ironing Board
  • Washing Machine
  • Clothes Stand (Even if you have a tumble dryer!)
  • Wine opener
  • Bottle opener
  • Extension Cord
  • Extra batteries for remote controls
  • Extra bulbs for lamps & ceiling down-lights with correct wattage and specs
  • Carpet slippers if your home is carpeted
  • Electric heaters for emergencies
 

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