terms and conditions
Andrew, I'm glad you've found the thread helpful.
A signature is one way, a checkbox another, a simple e-mail stating receipt of and agreement with them yet another. But without some kind of written agreement to the T&Cs, what would happen if a guest violated them in some egregious way that has consequences in the T&Cs (e.g., smoking in a property where the T&Cs state smoking equates to forfeiture of the damage deposit) and then claimed not to have known about them?
That's just my concern -- how can you be sure the guest has been made aware of T&Cs if they aren't asked to confirm them in some way?Signatures are not essential, as long as the guest has been made aware of any explicit terms and their attention has been drawn to the terms you state.
A signature is one way, a checkbox another, a simple e-mail stating receipt of and agreement with them yet another. But without some kind of written agreement to the T&Cs, what would happen if a guest violated them in some egregious way that has consequences in the T&Cs (e.g., smoking in a property where the T&Cs state smoking equates to forfeiture of the damage deposit) and then claimed not to have known about them?
Brooke
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charles cawley
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The test is whether it could be reasonably said that they were aware that there were explicit terms and conditions and that your attention was drawn to them.
Many years ago, on the railways after a fatality, much effort was made to check if the passenger had a ticket on them. If so, the liability of the rail company was reduced to its terms and conditions, if not, the liability could be much higher. On most tickets you will see something like: 'subject to terms and conditions'. Fare dodgers (or their estates) could, ironically, benefit in this way.
Check boxes and signatures, of course, stop people arguing the toss. The important thing is to make it clear that there are terms and conditions, that they are part of the deal / contract and that they are available for inspection, either on your web site or on request or in some other easily accessible manner. Again, this is from a UK perspective.
If you do not get a tick or a signature, this provision is a useful back stop.
Many years ago, on the railways after a fatality, much effort was made to check if the passenger had a ticket on them. If so, the liability of the rail company was reduced to its terms and conditions, if not, the liability could be much higher. On most tickets you will see something like: 'subject to terms and conditions'. Fare dodgers (or their estates) could, ironically, benefit in this way.
Check boxes and signatures, of course, stop people arguing the toss. The important thing is to make it clear that there are terms and conditions, that they are part of the deal / contract and that they are available for inspection, either on your web site or on request or in some other easily accessible manner. Again, this is from a UK perspective.
If you do not get a tick or a signature, this provision is a useful back stop.
No web-site for now.
Advice about holiday letting
Advice about holiday letting