Property Management Agreement V3.1 HCOTW

This Agreement is made between HomeCareontheWeb S.L. the company that owns HomeCareontheweb, , HolidayRentalontheweb and HomeSalesontheweb (hereinafter referred to as ‘HCOTW’), with CIF: B92982552, and office for the purpose of this agreement as Los Patios de Santa Maria, Locales 3-4, Ctra. de Cádiz km 192, Elviria (Marbella) 29604 Spain and:

Name(s)

Home Address(es)

Nationality

Passport / DNI / NIE No.

Being the Owner or Owners (hereinafter referred to as 'the Owner' and relating to all Owners of the property) of the property to be cared for (hereinafter referred to as 'the Property'):

Property Address

Whereas it is agreed that:

1. This Agreement commences on (date) ____________ for a period of 12 (twelve) months, wherein ‘HCOTW’ shall undertake to provide the HomeCareontheWeb Standard Package as described below in Annex A for ‘the Property’.
2. This Agreement is deemed to be accepted by ‘the Owner’ on payment of the HomeCareontheWeb Property Management subscription fee.
3. This Agreement shall be automatically renewed after each 12 (twelve) months, unless ‘HCOTW’ receive written confirmation of cancellation from ‘the Owner’ 30 (thirty) days prior to the date of renewal. The value of the subscription shall be payable in full by ‘the Owner’ on the renewal date, less any allowable renewal discount. ‘HCOTW’ reserve the right to deduct the renewal subscription fee from any rental fees or other amounts due to ‘the Owner’, if applicable, or from the nominated bank account of ‘the Owner’.
4. Prior to any marketing of ‘the Property’ for long-term rental, ‘the Owner’ is required by law (Decreto 218/2005) to provide ‘HCOTW’ with copies of the following documents relating to ‘the Property’: current Nota Simple, the deeds (escritura) relating to ‘the Property’. First Occupancy License, Statutes and/or Rules of the Community, name and address of Community Administrator (if applicable). In addition if ‘the Property’ is officially owned by a Spanish company, the full registration details of ‘the Property’ in Spain's Registro Mercantil. In the event that the property is not being let, or only for holiday lets, ‘the Owner’ is required solely to provide a copy of the deeds (escritura) relating to ‘the Property’.
5. Any additional services shall be carried out by ‘HCOTW’ when requested by ‘the Owner’ in accordance with the Additional Services descriptions and prices published on the www.homecareontheweb.com website or upon acceptance by ‘the Owner’ of a quotation provided by ‘HCOTW’ for such services.
6. All prices published on the www.homecareontheweb.com website are subject to IVA at the current prevailing rate.
7. In the event of any emergencies, ‘the Owner’ authorizes ‘HCOTW’ to carry out any emergency repairs, replacements and visits relating to ‘the Property’ up to a maximum value of 500 (five hundred) euros.
8. ‘The Owner’ is wholly responsible for Insurance of ‘the Property’ and its contents and any such claims arising. ‘HCOTW’ is not liable for any loss or damage to ‘the Property’ or its contents, including furnishings and linens, howsoever caused.
9. ‘The Owner’ is responsible for all service charges pertaining to ‘the Property’ such as property tax, community fees, electricity, etc.
10. ‘The Owner’ shall provide two sets of all keys pertaining to ‘the Property’. Should two sets of keys not be available then ‘HCOTW’ shall obtain copies and charge the owner accordingly. ‘The Owner’ shall authorize ‘HCOTW’ via email should the keys need to be passed to a third party at the request of ‘the Owner’. Apart from ‘the Owner’, ‘HCOTW’ shall be deemed to be the sole key holder for ‘the Property’. In the event of keys being held by third parties, ‘HCOTW’ can accept no liability for any loss or damage to ‘the Property’ or its contents, howsoever caused.
11. This Agreement does not authorize ‘HCOTW’ to rent ‘the Property’. A separate ‘Owner Long-Term Rental Agreement’ or ‘Owner Holiday Rental Agreement’ must be agreed upon and signed by both parties.
12. ‘The Owner’ agrees that a ‘HCOTW’ HomeCareontheWeb Property Management Agreement shall be in force at all times during the period of any long-term or holiday rental booking instigated by ‘HCOTW’. In the event of any such confirmed long-term rental booking occurring or extending beyond the renewal date then the Property Management Agreement cannot be terminated until the tenant has vacated the property. In the event of any holiday rental booking occurring or extending beyond the renewal date then the ‘HCOTW’ HomeCareontheWeb Property Management Agreement cannot be terminated without payment of compensation for all associated costs of re-booking the holiday rental client into a property of similar or, if not available, higher standard of accommodation, including any additional rental fees, plus administration fees and applicable commission charges.
13. ‘The Owner’ agrees to pay any outstanding monies due to ‘HCOTW’ immediately upon receipt of invoice. ‘HCOTW’ reserve the right to deduct such amounts from any rental fees or other amounts due to ‘the Owner’, if applicable, or from the nominated bank account of ‘the Owner’.
14. ‘HCOTW’ shall when requested by ‘the Owner’ pay bills on behalf of ‘the Owner’ and shall charge a 7.5% administration fee plus IVA on the total value of the bill. ‘The Owner’ shall transfer any funds required to pay bills on their behalf to ‘HCOTW’, prior to such bill being paid by ‘HCOTW’, and in a timely manner in order to avoid any disconnection of utilities or services, or additional charges being incurred by the provider of the services. In addition should a visit be required in order to carry out this request then the published standard call-out charges shall be applied.
15. Should ‘the Owner’ occupy ‘the Property’ personally for a period of time, and no inspection visit(s) are required during that period, then ‘HCOTW’ shall refund 50% of the monthly subscription fee for the given months for a minimum of 2 (two) months up to a maximum of 6 (six) months. During the period of owner occupancy ‘the Owner’ shall still have the facility to request additional services. ‘The Owner’ must inform ‘HCOTW’, by completion of the occupancy calendar or by e-mail to info@homecareontheweb.com, no later than 10 (ten) days before occupancy takes place, of the dates of the period during which no inspection visits are required, in order to receive the refund.
16. This Agreement may be cancelled after an initial period of 90 days by either party by giving an additional 90 days notice in writing by e-mail. This Agreement cannot be cancelled if confirmed ‘HROTW’ rental bookings occur or extend beyond the proposed cancellation date (see clause 11). Any balance of fees at the actual point of termination of the contract shall be forwarded by ‘HCOTW’ to ‘the Owner’. Deductions from this amount shall be made in the event of any ‘HCOTW’ invoices left unpaid by ‘the Owner’. In addition, an administration charge of 12% plus IVA shall be levied on the final balance.
17. Upon cancellation of this Agreement and final account settlement, ‘HCOTW’ shall arrange for keys and copies to be made available for collection by ‘the Owner’ or their appointed representative. Cancellations of other services are subject to the cancellation procedure and charges as outlined for each service and published on the www.homecareontheweb.com website.
18. ‘HCOTW’ reserve the right to make changes or modifications to this Agreement in the light of alterations to their standard trading practices or methods of operation and a current version of this Agreement is available online to ‘the Owner’ at all times.
19. This Agreement may be terminated forthwith by ‘HCOTW’ should ‘the Owner’ commit a breach of any of the provisions of this Agreement.
20. Any dispute arising from this Agreement shall be governed by the laws of Spain.

Annex A – The HomeCareontheweb Standard Package includes the following services:

‘Owner Management’ Facility:

• Initial introductory visit for undertaking photography of property and production of full inventory of property contents.
• Setting up of an administrative account for ‘the Owner’ on the Owner Management Account area of website with personal password access, including reference photos of property, inventory details, etc.
• Facility for booking maintenance and repair services via the website or by e-mail, using ‘HCOTW’ in-house maintenance technicians or ‘HCOTW’ recommended suppliers for services such as decorating, plumbing and electrical work, general repairs, cleaning and laundry, gardening, pool maintenance, chauffeur services, etc.*
• Arranging furnishing and interior design, and fitting and refurbishment work, such as new kitchens and bathrooms, to meet the budget of ‘the Owner’.*
• Full administration of Owner Management Account on behalf of ‘the Owner’ on an ongoing basis, providing quotations, invoices, and statements of account, relating to maintenance or refurbishment work, cleaning and laundry, or other commissioned services, etc.
• Twice-monthly property checks (unless specified to the contrary on the invoice) of interior and, where applicable, exterior of property, including airing rooms, and checking plumbing, sanitary ware and appliances, unless a long-term tenant in situ, in which case a once-monthly visit takes place.
• Dilapidations reports by e-mail, including photographs, if necessary.
• Identification of maintenance issues and organizing repairs.*
• Personal calendar to book own holidays, those of family/friends, and own rental bookings.
• Administration of automatic cleaning and laundry services based on calendar bookings.*
• ‘Helpline' during office hours for any property or guest-related issues that may arise.
• Fully-manned 24-hour emergency service out of office hours, whether property is empty, or occupied by ‘the Owner’ or their personal or rental guests.*
• Emergency call-out facility with qualified staff.*
• Access to property ‘trouble-shooting’ facility to handle any on-site problems with local suppliers or utility companies.*
• Payment of emergency bills.*
• Access to easy-payment system for settling bills by credit card.
• Provision of key-holding facility, including secure storage, management and distribution of keys, and 24-hour safety deposit box.
• Use of ‘HCOTW’ Guest Manual in ‘the Property’, including a restaurant guide, list of golf courses and places to visit.
• Provision of local information service.

Note: * all services consumed are invoiced to ‘the Owner’ as and when utilized.

In addition, HomeCareontheweb provide a free ‘Owner Rental Set-up’ Facility, if required:

Subscribers to HomeCareontheweb can also elect to have the entire rental process for their property managed by the 'HCOTW' rental division with their property displayed on the HolidayRentalontheweb website, and have all rental activity published on their own Owner Management Account area on the HomeCareontheweb website, such as a calendar of bookings and revenues earned. Such service is subject to a separate ‘Owner Rental Agreement’.

The free ‘Owner Rental Set-up’ Facility includes:

• Providing advice on rental fees, and guidance on furnishing and equipping for rentals, etc.
• Production of legally compliant Decreto 218/2005 D.I.A. document in Spanish and English in the event of long-term rentals being required.*
• Liaising with in-house maintenance technicians or recommended suppliers for any required furnishing and equipping, or remedial work prior to rental.*
• Taking additional photographs of interior and exterior for marketing purposes.
• Writing text for the property description and local amenities for HolidayRentalontheweb website.
• Uploading all property details and photographs onto website.
• Ensuring a copy of the inventory, appliance instructions, house rules, etc, are located in ‘the Property’.

Note: * all services consumed are invoiced to ‘the Owner’ as and when utilized.




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