Homeowner Terms & Conditions (USA)

PREAMBLE

Please read this document carefully. These Homeowner Terms and Conditions, together with the applicable listing particulars agreed between you and us (the “Listing Particulars”), form the legally binding agreement between you and us (the “Agreement”).

These Terms and Conditions are subject to completion and amendment by the Listing Particulars. Upon acceptance of the Listing Particulars, this Agreement governs the relationship between you and us.

Any summaries or explanatory text are provided for convenience only and do not form part of this Agreement. In the event of any conflict, the operative Terms and Conditions shall prevail.

1. CONTRACT AND STATUS

1.1

This Agreement is entered into between you, the homeowner (“Homeowner”), in respect of one or more properties identified in the Listing Particulars (each a “Property”), and PureProp Ltd, a company incorporated under the laws of England and Wales, trading as The Grand Key (“The Grand Key”, “we”, “us”).

1.2

Through The Grand Key’s website and related platforms (the “Platform”), we provide intermediary services enabling you to enter into legally binding short-term licence-to-occupy agreements with members of the public (“Guests”) (each a “Booking”).

Each Booking constitutes a separate agreement between you and the relevant Guest (the “Accommodation Agreement”). The Accommodation Agreement shall be in a standard form prescribed by us and amended from time to time. You agree that all Bookings made via the Platform shall be governed by the then-current Accommodation Agreement, which shall be a binding contract between you and the Guest.

You confirm that you have the legal right to offer stays at the Property.

1.3 

These Homeowner Terms and Conditions constitute the primary governing agreement between the Homeowner and The Grand Key.

The following documents are incorporated by reference and form part of the contractual framework governing the Property:

(a) any Full Management Agreement;
 (b) any Exclusive Marketing Agreement or Non-Exclusive Marketing Agreement;
 (c) the Guest Terms and Conditions;
 (d) the Damages Policy;
 (e) the Refund and Cancellation Policy; and
 (f) any operational policies issued by The Grand Key.

In the event of any conflict, inconsistency, or ambiguity, the documents shall prevail in the following order:

(i) these Homeowner Terms and Conditions;
 (ii) the applicable Management or Marketing Agreement;
 (iii) the Damages Policy;
 (iv) the Guest Terms and Conditions; and
 (v) all other policies.

1.4

You represent and warrant that you are the legal owner of the Property or are otherwise duly authorised, as principal and not as agent, to grant licences to occupy the Property and to enter into this Agreement and Accommodation Agreements with Guests.

1.5

These Terms and Conditions apply to all arrangements between you and us until terminated in accordance with this Agreement. Following termination, these Terms shall continue to apply until all existing Bookings and financial matters have been fully settled.

2. APPOINTMENT AND EXCLUSIVITY

2.1

You appoint PureProp Ltd, trading as The Grand Key, to identify, negotiate with, and contract Guests on your behalf for short-term licences to occupy the Property. Unless expressly agreed otherwise in writing, you appoint us on a sole and exclusive basis for this purpose.

You shall not list, market, or license the Property through any other booking platform, broker, agent, or intermediary during the term of this Agreement without our prior written consent.

2.2

You must notify us immediately if the Property is marketed or listed by you or any third party for sale, lease, or any other form of occupancy.

2.3

You authorise us to negotiate and conclude Accommodation Agreements on your behalf within the availability parameters set out in the Listing Particulars and as reflected in the Platform calendar.

3. OUR SERVICES

3.1

In connection with listing and operating the Property, you may be responsible for certain costs, including but not limited to:

All such costs will be disclosed as they arise and may be payable on demand or deducted from revenues collected on your behalf, at our discretion.

3.2

You authorise us to access, manage, and oversee the Property during guest occupancy and during periods when the Property is available for booking. Where reasonably necessary, we may engage third-party contractors (including plumbers, electricians, cleaners, and maintenance providers) on your behalf.

3.3

Prior to listing, you will agree with us on applicable house rules, access restrictions, and operational instructions (“House Rules”). While we will take reasonable steps to communicate these to Guests and service providers, ultimate compliance is governed by the Accommodation Agreement between you and the Guest.

3.4

You remain solely responsible for ensuring that the Property complies with all applicable laws, regulations, zoning requirements, fire and safety standards, and occupancy restrictions. Our acceptance of a listing does not constitute certification of compliance.

At your request, we may assist in arranging inspections or remedial work, the costs of which shall be borne by you.

3.5

Where we engage third-party contractors pursuant to the Damages Policy or in emergency circumstances, you authorise us to settle such costs on your behalf and recover them from you, including by deduction from revenues.

3.6

You shall provide a minimum of five (5) sets of keys or equivalent access credentials. You authorise us to enter the Property as reasonably required to deliver services before, during, and after Bookings, subject to reasonable notice where you are in residence.

3.7

We may list the Property on our Platform and, at our discretion, on third-party distribution channels. We are under no obligation to list the Property on any particular channel or to guarantee bookings.

3.8

During a Booking, we may provide guest-facing support services and amenities. Any loss of or damage to items provided for guest use shall be recoverable from the Guest’s damage deposit.

4. BOOKING PROCEDURE

4.1

You will be provided with an availability calendar via the Platform. You are solely responsible for maintaining accurate and up-to-date availability.

4.2

Where the Property is marked “available on request,” we will notify you of booking requests. You must respond within the timeframe specified (typically twelve (12) hours). Failure to respond may result in the booking opportunity being lost.

4.3

Once a Booking is confirmed, you are legally obligated to honour it. Any cancellation by you may result in liability for alternative accommodation, guest compensation, and all associated costs.

4.4

Blocked dates must be updated promptly. You may not block dates once a Booking has been confirmed.

5. FEES AND COMMISSION

5.1

PureProp Ltd, trading as The Grand Key, shall propose an achievable licence fee for the Property based on factors including, without limitation, the Property’s location, condition, seasonality, demand, length of stay, and prevailing market conditions. The method by which such licence fees are calculated and charged shall be confirmed with you and reflected in the Listing Particulars or Booking Confirmation.

5.2

We shall collect all licence fees payable by Guests on your behalf. You expressly authorise us to issue invoices, confirmations, and receipts to Guests in our name or on your behalf, as we deem appropriate.

5.3

We shall account to you on a periodic basis, no later than the fifteenth (15th) day of the month following the conclusion of a Booking, for all licence fees due to you after deduction of:

5.4

Your fee and commission structure shall be set out in the Listing Particulars or otherwise agreed in writing. Unless expressly agreed otherwise, where a fixed fee applies for a defined period, the amount payable to you shall be calculated pro rata based on the number of nights during which the Property is occupied by a Guest relative to the total number of nights in the applicable period.

5.5

For the avoidance of doubt, no fee structure or payment arrangement under this Agreement shall be construed as granting us a lease, tenancy, or licence of the Property. You remain the licensor to Guests at all times.

5.6

All payments to you shall be subject to deduction of any amounts owed by you to us, including but not limited to exceptional cleaning, emergency maintenance, repairs, compliance costs, promotional services, or third-party costs incurred on your behalf. You authorise us to deduct such sums directly from licence fees payable to you.

5.7

You authorise us to negotiate discounts, complimentary nights, rebates, or goodwill adjustments with Guests and to resolve Guest complaints on your behalf. Where a refund or reduction is granted, both your licence fee and our commission shall be reduced proportionately, except where the refund arises directly from your wilful or negligent act or omission.

5.8

We may propose alternative fee or commission structures for specific periods or circumstances (“Special Arrangements”). Any such arrangements shall be communicated to you in writing. If you do not object in writing within seven (7) days of notification, such arrangements shall be deemed accepted.

5.9

During any period in which the Property is listed, we reserve the right to charge a listing or platform fee, as notified to you in writing, which may be deducted from sums otherwise payable to you.

6. HOMEOWNER OBLIGATIONS

6.1

You are solely responsible for complying with all applicable federal, state, and local laws, ordinances, zoning rules, licensing requirements, and regulations relating to the use, licensing, and occupancy of the Property by Guests.

6.2

You acknowledge that allowing third-party occupancy constitutes a regulated activity and that you bear full responsibility for health, safety, and regulatory compliance, including but not limited to requirements relating to:

6.3

You acknowledge that we are not qualified to provide legal, fire safety, or health and safety advice. While we may provide guidance or assistance, compliance remains your sole responsibility. Our insurance does not cover fines, penalties, or prosecutions arising from regulatory breaches by you.

6.4

You are solely responsible for the safety, maintenance, and compliance of any pools, spas, hot tubs, or recreational equipment at or about the Property and for ensuring all reasonable safety precautions are taken.

6.5

Where you request inspections or third-party assessments, or where such work is reasonably required, any associated costs shall be payable by you, either in advance or by deduction from licence fees.

6.6

You may be liable to Guests for injury, damage, or loss suffered during a stay. We may issue binding policies or guidance from time to time relating to such liabilities.

6.7

You warrant that you have the legal right to license the Property for short-term occupancy and that doing so does not breach any lease, mortgage, HOA rules, or other third-party restrictions.

6.8

You must disclose any surveillance or recording devices located inside the Property, whether active or inactive. All interior devices must be disabled during Guest stays. Failure to disclose or disable such devices may result in penalties, charges, or termination.

7. TERMINATION

7.1

Either party may terminate this Agreement at any time. You agree to honour all confirmed Bookings existing at the date of termination.

7.2

Termination shall not relieve you of any obligation to pay outstanding fees, costs, or charges, all of which shall become immediately due and payable.

7.3

We may terminate this Agreement immediately if you:

7.4

All provisions relating to fees, liability, damage, indemnities, and existing Bookings shall survive termination.

8. CANCELLATION OR REFUSAL OF BOOKING BY YOU

8.1

If a confirmed Booking is cancelled or refused by you for any reason, you shall be fully liable for all resulting losses, including Guest relocation, refunds, compensation, and alternative accommodation of at least four-star standard. You agree to indemnify us in full for all such costs.

8.2

If a Guest cancels, applicable cancellation terms shall apply. The Property must remain available for rebooking. If you remove availability, we may withhold any sums otherwise payable to you in relation to the cancelled Booking.

9.1

Except where expressly provided otherwise in this Agreement, The Grand Key shall not be liable for any claim brought by a Guest against you unless such claim arises directly and solely from The Grand Key’s gross negligence or wilful misconduct.

9.2

The Grand Key shall not be liable for any indirect, consequential, financial, or economic loss, including (without limitation) loss of profit, loss of opportunity, or reputational damage, except in cases of fraud or intentional wrongdoing.

9.3 Insurance Priority, Scope of Liability, and Incorporated Policies

The Homeowner expressly acknowledges and agrees that:

(a) the Homeowner’s own insurance policies shall be primary in respect of any loss, damage, or claim relating to the Property or its contents, regardless of cause;

(b) any insurance maintained by The Grand Key is secondary, discretionary, and non-primary, and shall only be considered after the Homeowner has exhausted all available coverage under their own insurance policies;

(c) The Grand Key shall accept liability for damage to the Property and for damage, loss, or theft of contents solely and strictly in accordance with:

(d) The Grand Key shall not be liable for any loss or damage caused by a Guest except to the extent that such loss is:

and in each case only subject to the terms, exclusions, limitations, and deductibles of such policy;

(e) The Grand Key shall not be liable for any insurance excess, deductible, or for any loss falling outside policy coverage;

(f) The Grand Key reserves the right, at any time and in its sole discretion, to amend, replace, restrict, or discontinue any insurance arrangements by written notice to the Homeowner, following which The Grand Key shall have no liability for losses arising thereafter; and

(g) all damage-related claims shall be governed by, and subject to, the Damages Policy, which is expressly incorporated by reference into this Agreement.

9.4 

Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the maximum aggregate liability of The Grand Key per Booking, whether arising in contract, tort, negligence, indemnity, or otherwise, shall not exceed USD $5,000.

This cap applies in the aggregate per Booking, regardless of the number of claims, incidents, or damaged items, and only to the extent amounts are actually recovered from insurers.

All damage-related claims remain subject to the Damages Policy.

9.5

Nothing in this Agreement shall limit or exclude liability for death or personal injury arising directly from The Grand Key’s negligence, to the extent such limitation or exclusion is prohibited by applicable law.

9.6

The Homeowner expressly acknowledges and agrees that, having regard to:

the limitations, exclusions, insurance priority provisions, and liability caps set out in this Agreement are fair, reasonable, proportionate, and commercially justified.

10. YOUR LIABILITY

10.1

You shall be fully liable to us and to any Guest for any loss, damage, injury, cost, or liability arising from your breach of this Agreement or any Accommodation Agreement.

10.2

You shall be solely responsible for ensuring that the Property:

10.3

In the event of any dispute, complaint, or claim by a Guest arising from your breach of Clauses 10.1 or 10.2, you shall use best efforts to resolve the matter promptly. We (or any affiliate or nominee) may, but are not obliged to, mediate or negotiate on your behalf.

10.4

We (or any nominated affiliate) may, acting reasonably and in good faith, determine the appropriate compensation, refund, or settlement payable by you to a Guest arising from any breach of this Agreement or following mediation under Clause 10.3. Any such amounts may be deducted from sums otherwise payable to you.

11. INSURANCE AND PROPERTY DAMAGE

11.1

The Homeowner expressly acknowledges and agrees that:

(a) the Homeowner’s own insurance coverage is primary with respect to any loss, damage, or claim relating to the Property or its contents;
(b) any insurance maintained by The Grand Key is secondary, discretionary, and non-primary, and shall only respond after the exhaustion of the Homeowner’s own insurance;
(c) The Grand Key does not act as an insurer and does not guarantee coverage for any loss, damage, or claim; and
(d) all damage-related claims, including Guest-caused damage, are subject to and governed exclusively by the Damages Policy, which is incorporated by reference into these Terms and Conditions and governs liability allocation.

11.2

The Homeowner expressly acknowledges that:

(a) the Homeowner’s insurance coverage is primary for all loss, damage, or claims relating to the Property or its contents;
(b) any insurance maintained by The Grand Key is secondary, discretionary, and non-primary;
(c) The Grand Key does not act as an insurer and does not guarantee coverage; and
(d) all damage-related claims are subject to the Damages Policy, which is incorporated by reference and governs liability allocation.

11.3

You must notify us promptly upon becoming aware of any damage, loss, or theft. Failure to provide timely notice may result in denial of recovery.

11.4

We may, upon request, provide a non-exhaustive summary of applicable insurance cover, exclusions, and limitations.

Unless otherwise stated, we may obtain a card pre-authorization from Guests to cover minor damage and rely on insurance only for material losses.

11.5

Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the maximum aggregate liability of The Grand Key per Booking, whether arising in contract, tort, negligence, indemnity, or otherwise, shall not exceed USD $5,000.

This cap applies in the aggregate per Booking, regardless of the number of claims, incidents, or damaged items, and only to the extent amounts are actually recovered from insurers.

All damage-related claims remain subject to the Damages Policy.

11.6

If Guest recovery is unsuccessful, we may submit an insurance claim unless we reasonably determine the claim to be non-viable or uneconomic. No payment shall be due to you unless and until insurer funds are actually received, after deduction of any amounts owed to us.

11.7

All insurance recoveries are subject to deductibles, exclusions, and limits. Deductibles shall not be reimbursed. Where Guest fault is established, we will seek first recovery from the Guest pursuant to Clause 11.5.

11.8

Nothing in this Agreement creates any proprietary, possessory, or beneficial interest in the Property or its contents in our favor. We act solely as a service provider.

12. GENERAL

12.1

You represent and warrant that you have full authority to enter into this Agreement, to list the Property, and to license occupancy to Guests without restriction.

12.2

By entering into this Agreement, you agree to our website terms of use and privacy policy, as amended from time to time.

12.3

You waive any right of set-off, deduction, or counterclaim against amounts owed to us. We may set off amounts owed to us against sums payable to you.

12.4

We may perform services through affiliates, employees, or independent contractors at our discretion.

12.5

This Agreement is personal to you and may not be assigned without our prior written consent.

12.6

We may assign or subcontract this Agreement in whole or in part.

12.7

We shall not be liable for failure or delay caused by events beyond our reasonable control, including acts of God, governmental action, labor disputes, natural disasters, or civil unrest.

12.8

You consent to our sharing of your information with affiliates and service providers and to use such information for operational and marketing purposes, subject to our privacy policy.

12.9

This Agreement, together with the Listing Particulars and any expressly agreed Special Arrangements, constitutes the entire agreement between the parties.

12.10

If any provision is held unenforceable, it shall be modified to the minimum extent necessary to render it enforceable, without affecting the remainder.

12.11

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to conflict-of-laws principles.

12.12 Waiver

If you breach these Terms and Conditions and we elect, at any time, not to exercise or delay exercising any right, remedy, or enforcement action available to us, such decision shall not constitute a waiver of that right or remedy. We shall remain fully entitled to enforce our rights in respect of that breach or any subsequent breach at any time.

12.13 Amendments to Terms

We may revise, amend, or update these Terms and Conditions from time to time. The most current version shall always be made available on our website.

Where a revision materially affects your rights or obligations, we will provide notice by reasonable means, which may include email to the address associated with your account, publication on our website, or other appropriate communication channels.

Your continued use of our services or continued listing of the Property after the revised Terms and Conditions take effect shall constitute your acceptance of and agreement to be bound by the revised Terms.

12.14 Notices

Except as expressly stated below, any notice under this Agreement may be served by letter, email, or by submission through a designated area of our website.

A notice of termination served by you must be delivered either:

Any termination notice sent by email shall not be effective unless and until expressly acknowledged in writing by us. Automated responses, including “out of office” replies, shall not constitute acknowledgement.

A rejection of a booking may only be made by email or text message using the contact details provided in the booking notification and must be received within the applicable response timeframe.