Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing, using or booking through the Smarter website (www.book-smarter.com) (“the Site”), you agree to comply with and be bound by these Terms.
1. General & Definitions
The Site operated by Smartco Limited, registered in England and Wales, under company number 12326162 (“Smarter”, “we”, “our” or “us”). The Site is an online marketplace that enables certain third parties (the “Host Managers”) to offer properties (“Accommodation”) for rental use and host services (“Host Services”) on the Site (“Listings”) and for individuals (“Guests”) to book such Accommodation (“Bookings”). “You” means any Guest, Host Manager or user / visitor of the Site.
“Arrival Date” means the start date of a Booking.
“Host Policies” means the terms, policies, rules or stipulations set out or referenced in a Listing.
“Rental Agreement” means the agreement referenced on the Listing relating to a Booking, or provided no such agreement is referenced, it means the standard form rental agreement.
1. As the provider of the Site, Smarter does not own, create, sell, resell, provide, control, offer, deliver or supply any Listings or Host Services, nor is Smarter an organiser or retailer of travel packages under Directive (EU) 2015/2302. The Site aims to connect Guests with Host Managers who make Accommodation Bookings for holiday and/or short-term occupation. These Terms apply to and bind Host Managers and Guests, as well as any individual who accesses the Smarter Site and/or uses Host Services.
2. Host Managers alone are responsible for their Listings, including the accuracy and completeness of such Listings. When Guests make, and Hosts accept, a Booking, they are entering into a contract directly with each other via the Rental Agreement. Smarter are not a party to the Rental Agreement and are not responsible for any of the actions or inactions of Guests and/or Host Managers. It is the responsibility of a Host Manager whether to accept or reject a booking request made by a Guest, which must be done in accordance with these Terms. The Guest and Host Manager agree with each other and with Smarter that they will at all times comply with the terms of the Rental Agreement entered into in relation the applicable Booking.
3. Smarter are not responsible for, and make no warranties or representations in relation to, any inaccuracy of Listings (including availability statuses of Listings’ calendars) or the lack of suitability or safety of Accommodation that Host Managers have listed on the Site, for the Guest’s proposed use. The Host Manager agrees and warrants by placing Accommodation as a Listing on the Site, that they will at all times ensure that their Listings are up to date and accurate, and Guests agree that, before placing a Booking, they have carried out all necessary investigations to ensure that the proposed Accommodation meets their needs, and that they have read and agree to the terms of the Rental Agreement.
4. These Terms may be changed at any time and new versions of the Terms will be posted on the Site along with the date last updated. By continuing to use the Site and Services you are expressly agreeing to the Terms in operation at that time. For the avoidance of doubt the applicable Terms and Rental Agreement for Bookings will be those that are in force at the time the relevant Booking is made.
2. Reservations & Payments
Reservation
Once they have created and account on the Site and subject to meeting any requirements that Smarter may have in place from time to time (such as completion by the Guest of any required verification processes) Guests can make Bookings of Accommodation that are available on the Site, by following the applicable booking process. Prior to booking, the Guest has sole responsibility for determining the suitability of Accommodation for their needs, on the basis of the information provided in the Listing, and must confirm they have read and accepted these Terms. Once the Booking is confirmed, the Guest: (i) has agreed to enter into a licence to occupy the Accommodation for the period selected by the Guest in the Booking, at the stated price, in accordance with the terms of the Rental Agreement; (ii) agrees to pay for any additional services set out in the Booking, including payment to the Host of any applicable Security Deposit; and (iii) confirms that they have reviewed the Listing and that the Accommodation in that Listing is suitable for any specific needs that they may have, making enquiries and seeking clarifications with the Host Manager as they may deem necessary prior to making the booking.
Contract
Upon the successful processing of the applicable booking payment (as set out in the booking process on the Site) the Guest and Host Manager agree that a legally binding contract between the Guest and the Host Manager is formed and entered into between the Guest and the Host Manager according to the terms of the Rental Agreement. Both Guest and Host Manager will be sent a Booking confirmation email, but the failure of such email to be either sent or received (for example following technical fault of Smarter’s email system) does not invalidate the status of the Booking. Once a Guest’s Booking has been confirmed, the reservation is personal, exclusive and non-transferable without the prior written consent of the Host Manager.
Guests submitting booking requests agree that a booking is confirmed and a binding contract formed only if and when such request is accepted by the Host Manager. If the Guest wishes to withdraw such request, they must do so via their Guest account prior to any acceptance of the same. Booking requests will lapse after 24 hours of being submitted.
Fees
The fee shown at the point of booking will comprise the Accommodation rental fee and any cleaning fee (together the “Booking Fee”). The Booking Fee does not include hotel or tourist tax (or equivalent) or a security deposit. When making the Booking, the Guest agrees to pay the Booking Fee to Smarter, and any applicable Security Deposit to the Host Manager. Guests acknowledge and agree that if we take payments from you, we are doing so as a collection agent acting on behalf of the Host Manager for the limited purpose of accepting payments from you and passing the Booking Fee (and any other payments that may be due) to the Host Manager less Smarter’s service. As the collection agent, Smarter will be the merchant on record for taking payments.
Refunds
If you are due a refund under these Terms, we will process this to the card from which the original payment was processed within 3 business days following such refund being agreed and authorised by the Host Manager to Smarter. (Please note that it can take up to 7 business days for funds to reappear in your account once the refund has been initiated.) All refunds are subject to a 3% processing fee except as agreed otherwise.
Security Deposit
To protect the Accommodation against damage caused by Guests, Host Managers may take a security deposit (“Security Deposit”). Where the Host charges a Security Deposit, this will be made clear in the relevant Listing, and the Host will contact you directly to arrange payment prior to your arrival date. The Host Manager reserves the right to refuse access to the Accommodation if any applicable Security Deposit payment has not been paid (such event being a Deemed Cancellation). The Security Deposit will be refunded within 5 (five) business days of your scheduled departure date (or longer in the event it is necessary to obtain repair quotes) subject to any deductions made in accordance with the Rental Agreement.
Bank Charges & Currency Fluctuations
We accept no liability for charges levied by your bank or credit/debit card issuer relating to transactions associated with your Booking. All amounts processed are in GBP and we do not accept any responsibility for any losses or gains caused by fluctuating currencies.
Guest Responsibilities
The person who makes a Booking must be a staying Guest relating to such Booking unless agreed otherwise in writing with the Host Manager.
The lead Guest is responsible for ensuring that any fellow occupants of the Accommodation are made aware of, and agree to, these Terms, Host Policies, house rules and any other applicable terms set out by the Host Manager.
The Host Manager reserves the right to refuse entry to Guests if they or their party breach any maximum occupancy, minimum age requirement or other party configuration stipulation as set out in, or referenced in, the applicable Listing (such event being a Deemed Cancellation).
3. Cancellation by Guests
Flexible COVID-19 Terms
Guests may cancel and receive a refund (less 3% processing fee (see Refunds)) if they are no longer able to travel due to restrictions arising between the Guest’s country of departure (directly prior to their journey to the UK for their Booking) ("Country of Departure") and the UK that either make it impossible to travel to the UK for their Booking or will require the Guest to quarantine upon arrival in the UK. Guests will only be eligible for refunds according to these terms if (i) they notify their Host Manager of their wish to cancel 7 days or greater before their Arrival Date, and (ii) at the Booking Date, travel to the UK for the dates of the Booking is expected to be permitted according to the travel authorities of both the Country of Departure and the UK.
Within 24 Hours
Guests cancelling within 24 hours of the Booking Time will be eligible for a full refund, less 3% processing fee (see Refunds), provided the Arrival Date is greater that 7 days from the Booking Date.
Greater than 14 Days
Guests cancelling more than 14 days prior to their Arrival Date will not be charged their 50% balance payment but will forfeit the 50% initial payment made upon booking, except as agreed otherwise by the Host Manager.
Less than 14 Days
Guests cancelling within 14 days of their Arrival Date will forfeit all amounts paid in respect of their booking, except as agreed otherwise by the Host Manager.
Deemed Cancellation
Guests will be deemed to have cancelled if (i) they fail to pay any Security Deposit or outstanding rental amount by the time or date such payment is due, or (ii) their party is in breach of the maximum occupancy or other stipulation as set out in Guest Responsibilities (or equivalent section) in the Rental Agreement.
Calculation of Days
For the purposes of this section, one day is the 24 hour period ending on 12 noon (London time) on the Arrival Date.
How to cancel
Guests cancellations must be made using the cancellation function in the Guest Account.
Travel insurance
Guests are strongly recommended to ensure they have adequate travel insurance to protect against losses ensuing from cancellations.
4. Cancellation by Host Manager
Host Managers undertake to use their best efforts to ensure the Accommodation can be made available for Bookings, however in the event that the Accommodation will not be available, the Host Manager will offer Guests:
(i) a full refund of their Booking Fee (and any unpaid amounts will be cancelled);
(ii) an explanation as to why the Accommodation will not be available; and
(iii) the option to book an alternative property.
The Host Manager undertakes to inform the Guest as soon as possible once it has determined that the Accommodation will not be available.
5. Disclaimer of Warranties
Users of the Site use it voluntarily and at their sole risk. The Site and Services are provided “as is” and on an “as available” basis, without warranty of any kind, either express or implied. This includes any implied warranty of: merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement, and any warranty arising out of course of dealing, usage or trade. Smarter does not warrant that the Site or Host Services, or any portion thereof, or any materials or content provided through the Site or Host Services, will be uninterrupted, secure or free of errors, viruses, or other harmful components, and Smarter does not warrant that any of those issues will be corrected. Smarter are not responsible for any damage that may result from using the Site or Host Services and your dealing with any other Guest or Host Manager. You understand and agree that you use any portion of the Host Services at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device) or any loss of data. The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law.
6. Liability
By booking via the Site, you agree, to the extent permissible by applicable law, that Smarter, its officers and employees shall not be liable for any loss, injury or damage suffered by you or anyone connected to you in respect of any Listing or Booking or booking request, including any Booking failing to proceed following payment, provided such failure does not occur through any act or omission on behalf of Smarter, its officers and employees.
Host Managers are independent entities and not agents of Smarter. Smarter is not liable for the acts, errors, omissions, representations, breaches or negligence of Host Managers.
Guests and Host Managers expressly agree that neither Smarter, its employees or agents are responsible or liable in any way for any damage or injury in which the Guest or any member of its party may suffer in connection with the Accommodation.
Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) our fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited by applicable law.
Guests agree to pay the Host Manager in full for the reasonable costs, claims, liabilities or expenses suffered by the Host as a result of their breach of these Terms and/or the Rental Agreement (or the breach by any person in the Accommodation booked by the Guest during their stay).
7. Indemnity
To the maximum extent permitted by applicable law, you are responsible for your use of the Site and Host Services, and agree to release, defend (at Smarter’s option), indemnify, and hold Smarter, its officers and employees, harmless from and against all claims, liabilities, damages, losses and expenses brought by a third party, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your unauthorised use of, or misuse of, the Site or Host Services; (ii) your breach of any portion of these Terms, our policies, any representation, warranty, or agreement references in these Terms; (iii) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights; (iv) your failure to accurately report, collect or remit taxes; (v) your interactions with any Guest or Host Manager, stay at Accommodation, or other Service, including without limitation any injuries, losses or damages (without compensatory, direct, incidental, consequential or otherwise), of any kind arising in connection with or as a result of such interaction, stay, participation or use.
8. Website
The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, scraped or otherwise exploited for any commercial purpose without our express written consent.
All written copy, images, logos designs and video content are the intellectual property of Smarter or Host Managers.
Whilst every effort is make to protect our website, we do not guarantee that our Site will be secure or free from bugs or viruses.
Date of last update: 1 May 2021
Merchant country of domicile: United Kingdom
