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PASSEPARTOUT HOMES GUEST MEMBERSHIP AGREEMENT
(the "Guest Agreement")

PLEASE PRINT THESE MEMBERSHIP RULES AND TERMS AND CONDITIONS AND READ THEM CAREFULLY

A. AGREEMENT; TERM; MEMBERSHIP RULES

1. Introduction; Club Membership.

a. By clicking on "I Accept" you are accepting the terms and conditions of this Club Membership Agreement (the "Agreement"). You understand that you are entering into a legally binding contract between you ("you" or "Guest") and Passepartout Homes Ltd. trading as Passepartout-homes.com ("Passepartout Homes").

b. Passepartout Homes is a private members-only club. You can only become a member by being referred by another club member. By becoming a club member you will have the right to access the property portfolio listed on www.passepartout-homes.com. The property portfolio is private and is not accessible to non-club members.

c. There is no annual membership fee.

d. You are under no obligation to introduce other members to the club.

e. You are under no obligation to book any of the properties offered on www.passepartout-homes.com.

f. As a registered member of Passepartout Homes, you hereby agree to abide by the terms of this Agreement. When requesting services or products, you acknowledge and agree that, except as otherwise provided herein, the terms of this Agreement shall apply to your request.

g. You undertake to keep the unique username and password that will be assigned to you confidential. You further undertake not to allow use of such username and password by anyone other than yourself.

2. Term.

a. Unless earlier terminated by Passepartout Homes as provided in this Agreement, the term of this Agreement is one (1) year from the date hereof (the "Term"). Upon expiration of the Term, this Agreement shall automatically renew for successive one (1) year periods, unless earlier terminated by Passepartout Homes.

b. If you do not wish to renew your club membership you must notify Passepartout Homes in writing at least thirty (30) days prior to expiration of the then current Term.

c. Notwithstanding any other provision to the contrary contained in this Agreement or elsewhere, Passepartout Homes shall have the right to terminate this Agreement at any time upon a thirty (30) day notice to Guest for any reason or no reason at all; provided, however, that Passepartout Homes may terminate this Agreement on a 24-hour notice or immediately, in Passepartout Homes' sole discretion, in the event of: (i) your breach of any provision set forth in this Agreement, the Terms and Conditions of Use (link: http://www.passepartout-homes.com/site/terms) and/or the Privacy Policy (link:http://www.passepartout-homes.com/site/privacy), (ii) your bankruptcy or insolvency, and/or (iii) your engaging in any conduct that Passepartout Homes deems inappropriate, offensive, immoral or against public policy or that may otherwise adversely affect the reputation and/or image of Passepartout Homes.

3. Concierge Services.

a. Any services or products listed on Passepartout Homes' website under the Concierge Services (link: http://www.passepartout-homes.com/site/concierge) must be requested in writing by you and, if available, you will be charged for such services and/or products separately (the "Concierge Services" and "Diamond Services").

b. Please read Section B below carefully for terms and conditions that apply to the Concierge Services. For the avoidance of doubt, the availability of any Concierge Service is not guaranteed and is within the sole discretion of Passepartout Homes.

4. Membership Application.

a. All membership applications are subject to verification by Passepartout Homes. Passepartout Homes will notify you in the event that your membership application has been accepted or rejected. Membership applications are accepted or rejected by Passepartout Homes in its sole discretion, and may be rejected for any reason or no reason at all. You understand and agree that, in the event Passepartout Homes elects to reject an application, Passepartout Homes will not be required to provide any written or oral explanation and/or justification for such rejection. Passepartout Homes will be under no obligation to respond to any written and/or oral enquiries by an applicant whose application has been rejected.

b. You are required to provide true and accurate information when you apply for Passepartout Homes membership. Failure to do so may invalidate your membership and/or any subsequent transaction and may be grounds for membership termination. Your responsibility to provide true and accurate information is a continuing obligation and you must notify Passepartout Homes in the event that any information provided by you changes or is no longer current.

c. If you wish to list your own property on passepartout-homes.com, you must file a separate membership application to be accepted as an Owner. The membership application can be found at [link: http://www.passepartout-homes.com/members/memberApplication]. You understand that your membership as a Guest does not guarantee your acceptance as an Owner.

5. Membership.

a. Your membership in the club is personal to you and cannot be assigned. You are responsible for ensuring that no one other than you uses your membership. Violation of the provisions of this Clause 5 may be grounds for immediate termination of your membership.

b. You acknowledge and agree that becoming a member of the club does not guarantee availability of any of the properties listed on Passepartout Homes' website, nor does it guarantee a minimum number of bookings during the Term. Passepartout Homes shall have no liability in the event a property of your choice is not available.

c. Passepartout Homes reserves the absolute right to suspend your membership at any time, in its sole discretion, for any reason or no reason at all.

d. The person accepting this Agreement hereby represents and warrants, on his/her/its behalf and, if Guest is an entity, on behalf of Guest, its directors, officers, partners, members and/or shareholders, that Guest has the right to enter into this Agreement and that by entering into this Agreement Guest will not breach any other agreement to which Guest is a party.

e. Passepartout Homes highly recommends that Guest purchases renter's insurance. By signing this Agreement, Guest acknowledges that Owners may require Guest to purchase renter's insurance prior to occupying a property.

f. By accepting this Agreement, you further represent and warrant that you have read the Terms and Conditions of Use (link: http://www.passepartout-homes.com/site/terms) and Privacy Policy (link: http://www.passepartout-homes.com/site/privacy) posted on www.passepartout-homes.com, and that you accept the terms contained thereof, as amended from time to time. You understand and agree that it is your responsibility to check www.passepartout-homes.com for any changes in Passepartout Homes' Terms and Conditions of Use and/or Privacy Policy. The provisions set forth in the Terms and Conditions of Use and Privacy Policy are herein incorporated by reference. In the event of any inconsistency or conflict between the terms and provisions of this Agreement, the Terms and Conditions of Use and the Privacy Policy, the terms and provisions of this Agreement shall control, govern and prevail.

g. By accepting this Agreement you agree to share the information provided in your membership application, personal information and booking history with Passepartout Homes and the Owners of properties you are interested in booking.

h.If your membership application is accepted, you will be required to provide, among other things, your credit card details (the "Payment Card"). The details of the Payment Card will be kept on file by Passepartout Homes and you will be responsible for promptly updating Passepartout Homes with any changes in the Payment Card information. All fees and/or charges due under this Agreement will be charged to the Payment Card unless otherwise requested by Passepartout Homes.

i.Unless otherwise provided herein, all notices to Passepartout Homes pursuant to this Agreement must be sent through Passepartout Homes' website or, alternatively, via email to info@passepartout-homes.com using an email account that is on file with Passepartout Homes. Notices via phone or voicemail will not be accepted. All notices to you will be sent via email to the email address on file with Passepartout Homes.

6. Booking and Cancellation

a. You must make your booking requests online through Passepartout Homes' website or via email to booking@passepartout-homes.com. Upon completion of your booking request, you will receive a notice via email confirming receipt of your booking request (the "Submission Receipt").

b. Your booking request will be processed and, if availability of the property is confirmed, you will receive a Booking Confirmation Notice and will be required to sign the License Agreement (the "License Agreement").

c. Please note that a Submission Receipt is not a booking confirmation and you should not make travel plans until you receive a Booking Confirmation Notice.

d. A Booking Confirmation Notice will be sent to you via email once availability for the property requested is confirmed. Please be advised that the property Owner is not obliged to accept your booking request and no legally binding agreement exists between you and Owner until such time as the Booking Confirmation Notice has been sent to you by email as described above and the License Agreement has been signed by Owner.

e. You will be charged a deposit fee simultaneously with the sending of the Booking Confirmation Notice. Unless otherwise requested by Passepartout, your Payment Card will be charged a deposit fee by Passepartout Homes at the time the Booking Confirmation Notice is sent to you in accordance with the payment terms described in the "Fees and Charges" section below (the "Deposit Fee").

f. You may cancel a booking at any time up to 59 days prior to the commencement of the Lodging Period (as defined below) by sending Passepartout Homes a cancellation notice. A cancellation notice must be sent by sending an email to booking@passepartout-homes.com. Cancellation notices via phone or voicemail will not be accepted.

g. You understand and agree that in the event you elect to cancel a booking you will be entitled to reimbursement of the rental fee subject to the deduction of the following penalties:

i. 30% of total rental fee if the cancellation is notified 90 days of the start of the rental period.

ii. 50% if cancellation is notified between 89 and 60 days of the start of the rental period.

iii. 100% if cancellation is notified between 59 days before the start of the rental period.

iv. If you fail to cancel your booking and do not show up at the property, you will be deemed to have cancelled your booking pursuant to Clause 6(g)(ii)(2) above and you will not be entitled to any refund or compensation of any kind.

v. Cancellations will be subject to a GBP150 cancellation fee.

i. In the event that the property becomes unavailable during the Lodging Period, we will liaise with the Owner and attempt to make alternative arrangements to secure an alternative property of comparable quality and location for the remaining portion of the Lodging Period. If an alternative property is available: (i) you will have the right to cancel your License Agreement with the Owner or the property that became unavailable and enter into a new License Agreement with the Owner of the alternative property, and (ii) you will not be entitled to any refund or abatement. In the event that an alternative property cannot be identified or is not reasonably satisfactory to you, then you will have the right to cancel the booking for the remaining portion of the Lodging Period and receive a refund of the Deposit Fee and a prorated portion of the Lodging Fee actually paid, provided, however, that Passepartout Homes' and Owner's liability shall be limited to the amount of the Lodging Fees (as defined in Clause 7 below) actually paid by you and in no event you will be entitled to any additional compensation whatsoever, regardless of the circumstances.

j. In the unlikely event that the Owner of the property elects to cancel your booking (for the entirety of the Lodging Period or portion thereof) after a Booking Confirmation Notice has been sent to you, we will liaise with the Owner and attempt to make alternative arrangements to secure an alternative property of comparable quality and location. If an alternative location is available, you will have the right to cancel your License Agreement with the cancelling Owner and enter into a new License Agreement with the Owner of the alternative property, and you will not be entitled to any refund or abatement. In the event that an alternative property cannot be identified or is not reasonably satisfactory to you, then you will be entitled to a refund of the Deposit Fee and Lodging Fees (as defined in Clause 7 below) actually paid in connection with the cancelled booking, provided, however, that Passepartout Homes' and Owner's liability shall be limited to the amount of the Lodging Fees actually paid by you and in no event you will be entitled to any additional compensation whatsoever, regardless of the circumstances.

k. In the event you Overstay, as defined in Clause 6(m) below, additional charges will apply as set forth in the License Agreement.

l. "Lodging Period" means the duration of your stay at the property as shown on your Booking Confirmation Notice and License Agreement.

m. "Overstay" or "Overstaying" means that you do not leave the property by the check-out/ termination date set forth in the Booking Confirmation Notice and License Agreement.

7. Fees and Charges; Security Deposit.

By accepting this Agreement, you agree:

a. To pay the Deposit Fee, the license fee and any additional fees and/or charges as set forth in the Booking Confirmation Notice (collectively the "Lodging Fees") in full;

b. That, unless otherwise provided in this Agreement, the Deposit Fee is non-refundable;

c. That:

i. A security deposit must be paid in accordance with the terms of the License Agreement (the "Security Deposit");

ii. The amount of the Security Deposit is set forth in the License Agreement;

iii. The Security Deposit must be paid as described in Clause 7(d) below;

iv. Passepartout Homes may retain the Security Deposit (or a portion thereof), in its sole discretion, in the event of any damage to the property and/or any contents thereof, and/or in the event of late check-out, Overstaying or Overcrowding;

v. If no claim is made within fourteen (14) days after the Lodging Period has ended, the Security Deposit will be refunded to you in full; and

vi. Retaining the Security Deposit is not an exclusive remedy, is cumulative and is in addition to any other remedy Owner or Passepartout Homes may have at law or in equity.

d. To pay the following fees at least 14 days prior to the commencement of the Lodging Period:

i. the Deposit Fee as described in Clause 7(e) above;

ii. the balance of the Lodging Fees; and

iii. the Security Deposit.

e. That the Lodging Fees are in connection with the property only and do not include additional charges, if any, due in connection with any Concierge Services or Diamond Services you may request. Any Concierge Service or Diamond Service will be charged and invoiced separately (the "Concierge Fees");

f. That all fees and charges will be collected by Passepartout Homes on behalf of the Owner and will be inclusive of UK VAT;

g. Pay all costs, disbursements and/or fees associated with any damage to the property or contents thereof;

h. To pay all fees owed in the event of you Overstay;

i. You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you may owe to Passepartout Homes or the Owner against any amounts that that may be owed to you; and

j. That Passepartout Homes is authorized to charge the fees described herein to your Payment Card as set forth in this Agreement.

8. Termination of Lodging Period, Check-Out and Overstaying

a. The check-out time is as set forth in your Booking Confirmation Notice and the License Agreement. Your check-out time indicates the termination of the Lodging Period;

b. You will be granted a one (1) hour grace period. If you do not check-out by the end of the grace period, you will be charged a full day of Lodging Fees;

c. Late check-outs may be possible, on a case by case basis, and provided that you have received a confirmation email from Passepartout Homes at least 24 hours in advance;

d. Extensions of the Lodging Period may be granted, on a case by case basis, and provided that you have received a new Booking Confirmation Notice confirming such extension and the additional Lodging Fees to be paid;

e. In the event that you Overstay and the property has already been booked by another guest, we reserve the right to enter the premises, remove your belongings and take all necessary actions to ensure that the property can be prepared for the next guest. All costs and expenses that Passepartout Homes and/or the Owner may incur due to your Overstaying are your responsibility and will be charged to your Payment Card;

f. In the event that you Overstay and the property has not been booked by another guest, you will be charged a full day's Lodging Fees for each day that you remain in the property past the check-out date. All costs and expenses that Passepartout Homes and or the Owner may incur due to your Overstaying are your responsibility and will be charged to your Payment Card; and

g. You are required to notify Passepartout Homes when you leave the premises by sending an email to booking@passepartout-homes.com

9. Conduct, Safety and Compliance

a.Your booking is personal to you and cannot be assigned to any third party without the prior written consent of Owner and Passepartout Homes. You may not resell your booking to a third party. You may not allow any person other than the person(s) named in the Booking Confirmation Notice to occupy the property at any time together with such number of additional guests as may be specified in the Booking Confirmation Notice.

b.The Booking Confirmation Notice may specify the maximum permitted number of guests who are authorised to stay in the property. If you allow more than the maximum number of people to occupy or stay in the property ("Overcrowding") then Passepartout Homes reserves the right to: (i) terminate the License Agreement immediately, and/or (ii) charge an additional Lodging Fee for each additional guest for each night of occupation, and/or (iii) terminate your club membership.

c. You are responsible for your own safety and the safety of your guests and all personal property during your stay at the property. You must read any fire or health & safety guidance which is provided to you by Passepartout Homes and/or the Owner. Notwithstanding the foregoing, neither Owner nor Passepartout Homes shall be required to provide you with any fire or health & safety guidance.

d. If you become aware of any condition during your stay which you believe is a health & safety risk you must inform Passepartout Homes immediately by email or phone followed by an email.

e. You agree to comply with Passepartout Homes' Membership Rules at all times as well as any property regulations/rules and/or all directions given by Owner and/or Passepartout Homes.

f. You hereby covenant and agree that during the Lodging Period you will keep and maintain the property in good clean and sanitary condition. You will be liable for any damages to the property, ordinary wear and tear excepted, and responsible for all repairs required due to your misuse, waste, or neglect, or tort or damage by your family, guests, employees (and their family members), agents, or visitors. You agree to leave the property in the same condition as it was in at the time of your arrival.

g. It is expressly agreed and understood that your use of the property is for personal and residential use only and that neither you nor any guests or invitees will conduct any illegal or immoral trade or other business in the property.

h. If the property is located within an apartment building and/or complex, common development scheme or resort, then you agree not to engage in objectionable conduct or cause any nuisance, disturbance or other inconvenience to any neighbours. You further agree not to place any obstruction in the common areas or ground surrounding the property.

i. You agree not to keep any pets in the property unless prior written consent has been provided in the Booking Confirmation Notice.

j. You agree not to contact or attempt to contact the Owner directly in any way for any reason, including, without limitation, circumventing Passepartout Homes and/or attempting to negotiate different terms with Owner. All communications to Owner should be directed to Passepartout Homes.

k. You agree not to publish any personally identifiable information regarding the name of the Owner and/or the location of the property.

l. You agree not to enter any portion of the property which has been reserved as private or locked by the Owner.

m. You agree not to make any alteration to the property or engage in any conduct which may cause the insurance coverage for the property to be cancelled, excluded or result in an increase in the policy premium.

n. You agree that your breach of any provision of this Clause 9 will be a material breach of this Agreement and entitle Passepartout Homes to cancel this Agreement and your club membership immediately, without notice.

o. You will indemnify, defend and protect Passepartout Homes and Owner, and hold Passepartout Homes and Owner harmless from any and all loss, cost, damage, expense and liability (including without limitation court costs and legal fees) incurred in connection with or arising from any cause in, on or about the property during the Lodging Period, including, without limiting the generality of the foregoing: (a) the use or occupancy of the property by you or any person claiming by, through or under you; (b) the condition of the property or any occurrence or happening on the property; (c) any acts, omissions or negligence by your or any person claiming by, through or under you, or of your contractors, agents, servants, employees, invitees or licensees, in, on or about the property; (d) any breach or inaccuracy of any of the representations and warranties made by you hereunder or under the License Agreement; and (e) the breach or non-fulfilment of any agreement or covenant made by you, including, without limitation the provisions of this Clause 9.

10. Claims

a. Upon arrival at the property you should carefully inspect the property and any inventory provided. In the event that you notice that there is any damage to the property or its contents, you must notify Passepartout Homes immediately. If you fail to notify Passepartout Homes of the damage within forty-eight (48) hours of your arrival, you will be fully responsible for the repair and/or replacement, as the case may be.

b. You should also notify Passepartout Homes immediately in the event that the property or its contents are damaged during the Lodging Period and explain the circumstances surrounding the damage. You shall be fully responsible for the repair and/or replacement, as the case may be, unless otherwise determined by Passepartout Homes.

c. You agree that the costs of any repairs and/or replacements may be automatically deducted from your Security Deposit.

d. In the event the cost of the repairs and/or replacements exceeds the Deposit Fee, you shall be responsible for the unpaid balance.

e. You agree that you must report any claim that you may have under this Agreement or in connection with the property to Passepartout Homes within fourteen (14) days of the end of the Lodging Period. Passepartout Homes shall attempt to resolve the claim on behalf of Owner within fourteen (14) days. In the event that Passepartout Homes is unable to resolve the dispute, then Passepartout Homes reserves the right to provide you with Owner's contact information so that you may pursue your claim directly against Owner.

f. The Owner and/or Passepartout Homes will not be liable to you for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this Agreement, the property or your booking (whether such loss arises as a result of the Owner's negligence or otherwise).

g. The Owner's and/or Passepartout Homes' liability for all losses (with the exception of personal injury or death arising as a result of negligence by Owner) will be limited to the cost of obtaining replacement property for the agreed Lodging Period or the amount of the Lodging Fees and charges payable by you, whichever is the higher amount.

B. CONCIERGE SERVICES AND PROVIDERS

1. Terms of Concierge Services.

a. As a member of the club, you may have access to the providers, services or products listed on Passepartout Homes' website (link:http://www.passepartout-homes.com/site/concierge) under Concierge Services, subject to the terms and conditions contained in this Agreement and subject to availability.

b. Please note that the providers and the services or products offered as Concierge Services are subject to availability and may change from time to time without notice. Although Passepartout Homes strives to ensure that the services or products and providers remain available at all times, providers and services or products listed on our website may not be available at the time of your request.

c. If any of the providers or services or products are or become unavailable, Passepartout Homes will use its reasonable efforts to accommodate your desires and identify an alternative provider, service or product, but shall have no responsibility whatsoever for any delay, inconvenience or damage that may occur to you as a result of a of the unavailability of products and/or services, and /or as a result of a provider's unavailability, non-performance, acts or omissions and you shall not be entitled to any refund, discount, reimbursement or abatement of any kind.

d. Passepartout Homes reserves the right to withdraw any provider, services or products and/or to refuse to supply any services or products requested, in its sole discretion.

e. If Passepartout Homes is unable to process any request for either Concierge Services or Diamond Services, it will inform/notify you as soon as reasonably practicable.

2. Acknowledgement by Guest.

a. You understand and agree that:

i. Concierge Services and/or Diamond Services will be outsourced to third party providers (the "Providers");

ii. the contractual relationship will be between you and the Providers;

iii. the Providers are solely responsible for providing you with the services or products you select or request;

iv. Passepartout Homes will act merely as a finder and/or intermediary;

v. Passepartout Homes will liaise with the Providers upon your request unless Passepartout Homes deems that it is more appropriate for you to contact the Providers directly;

vi. Providers may impose their own terms and conditions (in addition to Passepartout Homes'). You will be required to comply with such additional terms and conditions; and

vii. When requesting Concierge Services, you may be required to provide your Payment Card details. You hereby authorize Passepartout Homes to use your Payment Card in order to pay a Provider for services or products that you request, you acknowledge and agree that Passepartout Homes will not be responsible in any way whatsoever in connection with the use of your Payment Card by a Provider provided that Passepartout Homes acts in accordance with your instructions in relation thereto.

b. You hereby represent and warrant that all details you provide Passepartout Homes with in connection with the booking, ordering or purchasing Concierge Services are true and accurate and that the Payment Card you are using are your own and that there are sufficient funds available to cover the cost of such services or products requested.

c. Certain services or products may be subject to a handling charge. Passepartout Homes will notify you of such charges. If the services or products selected are subject to a handling charge, you hereby authorize Passepartout Homes to charge your Payment Card with any such handling charges.

d. In the event that Passepartout Homes has to act as a credit agent to process your orders for services or products, you hereby authorize Passepartout Homes to charge the relevant credit amount to your Payment Card within thirty (30) days following Passepartout Homes' payment. In the event that Passepartout Homes is required to pay for such services or products in cash, it shall be entitled to add any applicable credit card charges to the amount to be charged to your Payment Card.

e. Unless otherwise agreed by a Provider, you shall not be entitled to cancel any services or products requested where performance has already begun.

f. All payments to Passepartout Homes, if any, must be made within ten (10) calendar days of the date of the relevant invoice. Late payments shall bear interest at the rate of eight percent (8%) per year, or the maximum rate permitted by law, whichever is higher. The provisions set forth in this Clause 12(f) shall survive the expiration, termination, early termination or cancellation of this Agreement.

3. Travel Services.

a. Any services, including travel tickets, purchased through Passepartout Homes will be subject to the terms and conditions of the travel agent or tour operator and those of the applicable Provider. Please note that Passepartout Homes is not an authorized travel agent or tour operator and only acts as an intermediary between you and the Provider. You understand that Passepartout Homes have no responsibility whatsoever for the acts or omissions or either the Provider, travel agent or tour operator and that all rights and remedies you may have are against such Provider, travel agent or tour operator.

4. Restaurant Services.

a. When using the restaurant booking service, you hereby authorize Passepartout Homes to charge your Payment Card for any deposit paid by Passepartout Homes on your behalf to the restaurant. You acknowledge and agree that you will forfeit such deposit in the event of you cancel your reservation.

5. Tickets.

a. Passepartout Homes may assist you in obtaining tickets for events either directly or through one of its ticket agent partners. You hereby acknowledge that you are purchasing tickets above face value and, therefore, additional charge(s) reflecting our costs and efforts in obtaining premium seats will apply.

b. All sales are final, no refunds are issued after you have purchased your tickets. In the events of show cancellations directly by the artist/promoter, only the return of the face value of the tickets may be available.

c. Shipping fees are non-refundable. Passepartout Homes or its ticket agent partners will charge you for the dispatch of your tickets. Passepartout Homes or its ticket agent partners usually dispatches tickets within __3__ business days from the time of booking if the tickets are already in stock. However, some events have posting restrictions and are not dispatched until the week prior to the event taking place. On certain occasions, our representatives may have to deliver your tickets on the night of the show.

d. Passepartout Homes or its ticket agent partners reserve the right to upgrade tickets at no additional cost, or to downgrade tickets (in which case you will receive a partial refund) or to cancel the order (in which case you will receive a full refund).

6. Products Purchased Through the Site; Returns and Damaged Products.

a. All online purchases are subject to Passepartout Homes' Term & Conditions of Use and Privacy Policy, which are incorporated herein by reference and form an integral part of this Agreement. Passepartout Homes' Term & Conditions of Use are available at http://www.passepartout-homes.com/site/terms and Privacy Policy is available at http://www.passepartout-homes.com/site/privacy.

7. Limitation of Liability (Concierge Services and Providers).

a. Passepartout Homes shall use its reasonable endeavours to provide the services contemplated in this Section B with reasonable care and skill and, as far as reasonably possible, in accordance with your request and instructions from time to time. Where Passepartout Homes supplies you with any services or products that are supplied by a Provider, then Passepartout Homes is merely acting as a finder or intermediary in sourcing such services or products. For the avoidance of doubt, Passepartout Homes does not and will not make any representations or provide any recommendations in relation to any services or products or Providers. You are deemed to be responsible for, and shall use your own skill and judgment as to the quality, value and suitability of such services or products and in relation to deciding whether to enter into any contract with any Provider for the supply of such services or products.

b. PASSEPARTOUT HOMES AND ITS AFFILIATES ARE ACTING SOLELY AS A FINDER OR INTERMEDIARY BETWEEN YOU AND THE PROVIDERS OF SERVICES OR PRODUCTS. UNLESS EXPRESSLY PROVIDED OTHERWISE, WHEN REQUESTING SERVICES OR PRODUCTS, THE CONTRACTUAL RELATIONSHIP WILL BE BETWEEN YOU AND THE RELEVANT PROVIDER ONLY. ALL YOUR RIGHTS AND REMEDIES THAT YOU MAY BE ENTITLED TO ARE AGAINST THE PROVIDER AND PASSEPARTOUT HOMES SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY DELAY, INCONVENIENCE, DAMAGE (WHETHER DIRECT OR INDIRECT, GENERAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE), LOSS, COST OR EXPENSE THAT MAY OCCUR AS A RESULT OF A PROVIDER'S NON-PERFORMANCE, ACTS OR OMISSIONS AND YOU SHALL NOT BE ENTITLED TO ANY REFUND, DISCOUNT, REIMBURSEMENT OR ABATEMENT OF YOUR MEMBERSHIP FEE, LODGING FEE OR ANY OTHER AMOUNTS PAID BY REASON OF THIS AGREEMENT OR ANY LICENSE AGREEMENT. PASSEPARTOUT HOMES SHALL NOT BE DEEMED TO BE IN BREACH OF THIS AGREEMENT BY REASON OF ANY DELAY, NON-PERFORMANCE, ACTS OR OMISSIONS OF A THIRD PARTY.

c. PASSEPARTOUT HOMES HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PROVIDER OR ANY LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT, GENERAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE) INCURRED BY YOU AS A RESULT OF ANY ACT OR OMISSION OF A PROVIDER WHETHER OR NOT THE PROVIDER WAS INTRODUCED TO YOU BY PASSEPARTOUT HOMES AND WHETHER OR NOT PASSEPARTOUT HOMES ASSISTED YOU IN DEALING WITH SUCH PROVIDER.

d. ALTHOUGH PASSEPARTOUT HOMES WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO ASSIST YOU IN DEALING WITH A PROVIDER OF SERVICES OR PRODUCTS, PASSEPARTOUT HOMES SHALL NOT BE RESPONSIBLE FOR ANY SUCH SERVICES OR PRODUCTS OFFERED TO YOU THROUGH A PROVIDER OR FOR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ANY PARTICULAR PROVIDER.

e. THE PROVIDERS OF SERVICES OR PRODUCTS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PASSEPARTOUT HOMES OR PASSEPARTOUT HOMES' AFFILIATES. PASSEPARTOUT HOMES AND ITS AFFILIATES SHALL NOT BE LIABLE AND ASSUME NO RESPONSIBILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDER FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, INCONVENIENCE OR OTHER DAMAGES, COSTS OR EXPENSES RESULTING THEREFROM. PASSEPARTOUT HOMES AND ITS AFFILIATES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY AND/OR ANY DISRUPTION OF TRAVEL RELATED PRODUCTS AND/OR SERVICES RESULTING FROM, WITHOUT LIMITATION, BANKRUPTCY OF ANY SUCH PROVIDER, MONETARY CRISIS, STRIKES AND/OR UNION/LABOR PROBLEMS, MECHANICAL OR CONSTRUCTION DIFFICULTIES, CANCELLATION, OVERBOOKING, STRIKE, POLITICAL OR SOCIAL UNREST, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR OTHER EVENTS OF FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

f. Passepartout Homes shall not be liable for any loss, cost, expense or damage of any nature whatever resulting from the provision of the services contemplated in this Section B or resulting from your reliance upon the information and suggestions provided by Passepartout Homes. Passepartout Homes shall have no liability to you for any loss, damage (whether direct or indirect, general, consequential, incidental or punitive), costs, expenses or other claims for compensation arising from requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault on your part.

g. The information, content, material, products and services published on Passepartout Homes' marketing material may include errors, inaccuracies including, without limitation, pricing errors, typographical or display errors, incorrect provider information, and currency conversion miscalculations. Passepartout Homes and its affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information, content, material and/or description of any services or products described in such marketing material. In addition, Passepartout Homes and its affiliates expressly reserve the right to correct any pricing errors on their marketing material and/or on pending reservations made under an incorrect price. This right applies whether or not your order/request has been confirmed and/or your Payment Card charged. In the event of a correction to a pending reservation, Passepartout Homes will offer you, as your sole and exclusive remedy, the opportunity to keep your pending reservation at the correct price or, at your election, Passepartout Homes will cancel your reservation without penalty. In addition, Passepartout Homes and its affiliates and their respective providers make no guarantees about the availability of specific products and/or services.

h. NOTWITHSTANDING THE ABOVE, IF PASSEPARTOUT HOMES AND ITS AFFILIATES OR THEIR RESPECTIVE SUPPLIERS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THIS SECTION B THEN THE LIABILITY OF PASSEPARTOUT HOMES AND ITS AFFILIATES SHALL IN NO EVENT EXCEED THE LESSER OF: (I) AMOUNT ACTUALLY PAID BY YOU FOR THE CONCIERGE SERVICES OR DIAMOND SERVICES IN QUESTION, OR (II) £10,000.00 (OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY).

i. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from Passepartout Homes must be brought within one (1) year from the date on which such claim or action arose or accrued or a purchase was completed or request made. Certain jurisdictions may not allow the limitation or exclusion of liability of incidental or consequential damages; if this were the case, the above limitation or exclusion may not apply to you.

j. The provisions set forth in this Clause 17 shall survive the expiration, termination, early termination or cancellation of this Agreement and shall inure to the benefit of Passepartout Homes, its affiliates and/or their respective suppliers.

C. LIMITATION OF LIABILITY

1. PASSEPARTOUT HOMES AND ITS AFFILIATES ARE ACTING SOLELY AS A FINDER OR INTERMEDIARY BETWEEN YOU AND OWNERS. UNLESS EXPRESSLY PROVIDED OTHERWISE, WHEN LICENSING A PROPERTY FROM AN OWNER, THE CONTRACTUAL RELATIONSHIP WILL BE BETWEEN YOU AND SUCH OWNER ONLY. ALL THE RIGHTS AND REMEDIES THAT YOU MAY BE ENTITLED TO ARE AGAINST SUCH OWNER AND PASSEPARTOUT HOMES SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY INCONVENIENCE, DAMAGE (WHETHER DIRECT OR INDIRECT, GENERAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE), LOSS, COST OR EXPENSE THAT MAY OCCUR AS A RESULT OF AN OWNER'S OR OTHER THIRD PARTY'S ACTS OR OMISSIONS AND YOU SHALL NOT BE ENTITLED TO ANY INDEMNIFICATION FROM PASSEPARTOUT HOMES. PASSEPARTOUT HOMES SHALL NOT BE DEEMED TO BE IN BREACH OF THIS AGREEMENT BY REASON OF ANY ACTS OR OMISSIONS OF AN OWNER OR OTHER THIRD PARTY.

2. PASSEPARTOUT HOMES HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OWNER OR OTHER THIRD PARTY OR ANY LOSS OR DAMAGE (WHETHER DIRECT OR INDIRECT, GENERAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE) INCURRED BY YOU AS A RESULT OF ANY ACT OR OMISSION OF ANY OWNER OR OTHER THIRD PARTY WHETHER OR NOT SUCH OWNER OR THIRD PARTY WAS INTRODUCED TO YOU BY PASSEPARTOUT HOMES AND WHETHER OR NOT PASSEPARTOUT HOMES ASSISTED YOU IN DEALING WITH SUCH OWNER OR THIRD PARTY.

3. ALTHOUGH PASSEPARTOUT HOMES WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO ASSIST YOU IN DEALING WITH AN OWNER OR OTHER THIRD PARTY, PASSEPARTOUT HOMES SHALL NOT BE RESPONSIBLE FOR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ANY PARTICULAR OWNER OR THIRD PARTY.

4. PASSEPARTOUT HOMES AND ITS AFFILIATES SHALL NOT BE LIABLE AND ASSUME NO RESPONSIBILITY FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY OWNER FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, INCONVENIENCE OR OTHER DAMAGES, COSTS OR EXPENSES RESULTING THEREFROM. PASSEPARTOUT HOMES AND ITS AFFILIATES SHALL HAVE NO LIABILITY IN THE EVENT OF ANY DELAY AND/OR ANY CANCELLATION BY AN OWNER.

5. Passepartout Homes shall not be liable for any loss, cost, expense or damage of any nature whatever resulting from the provision of the services contemplated hereunder or resulting from your reliance upon the information and suggestions provided by Passepartout Homes. Passepartout Homes shall have no liability to you for any loss, damage (whether direct or indirect, general, consequential, incidental or punitive), costs, expenses or other claims for compensation arising from information, requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from any other fault on your part.

6. The information, content, material, products and services published on Passepartout Homes' marketing material may include errors, inaccuracies including, without limitation, pricing errors, typographical or display errors, incorrect provider information, and currency conversion miscalculations. Passepartout Homes and its affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information, content, material and/or description of any services or products described in such marketing material. In addition, Passepartout Homes and its affiliates expressly reserve the right to correct any pricing errors on their marketing material and/or on pending reservations made under an incorrect price.

7. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, IF PASSEPARTOUT HOMES' AND ITS AFFILIATES ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE THEN THE LIABILITY OF PASSEPARTOUT HOMES AND ITS AFFILIATES SHALL IN NO EVENT EXCEED THE VALUE OF ANY NET FEES EARNED BY MYGUESTBOOK IN CONNECTION WITH TRANSACTIONS FOR YOUR BOOKINGS WITHIN THE LAST TWELVE (12) MONTHS, OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. FOR THE PURPOSES OF THIS CLAUSE, "NET FEES" SHALL MEAN ANY COMMISSIONS PAID BY AN OWNER TO PASSEPARTOUT HOMES IN CONNECTION WITH YOUR BOOKINGS.

D. GENERAL

1. Amendment.

a. Passepartout Homes may change the terms of this Agreement from time to time, in its sole discretion.

b. Please note that your continued use of the Passepartout Homes website and/or services constitutes acceptance of the new terms.

2. Intellectual Property.

a. You acknowledge that all intellectual property rights owned by Passepartout Homes shall remain the exclusive property of Passepartout Homes.

b. Passepartout Homes' marketing material may contain information and materials, including, without limitation, informational text, photographs, icons, graphics, audio, video, messages, files, documents, images or other materials (collectively the "Material"). The Material is copyrighted and any unauthorized use of any Material may violate copyright, trademark, and/or other intellectual property laws or other laws in England & Wales and elsewhere. You may not copy, reproduce, republish, modify, download, post, transmit, or distribute in any way any Material without Passepartout Homes' prior written consent. The trademarks, logos and service marks displayed on the Material are the property of Passepartout Homes, its affiliates or third party owners in England & Wales and other jurisdictions. You are prohibited from using any such marks for any purpose without the prior written permission of Passepartout Homes, its affiliates or such third party that may own the marks. You are not granted any rights whatsoever to use the trademarks, logos and/or service marks by virtue of using Passepartout Homes' services. You must retain all copyright, trademark and/or intellectual property notices, including any other proprietary notices, contained in the Material, and you shall not interfere with or remove any of such notices.

c. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Material.

3. Restraints.

a. The parties hereby acknowledge and agree that the following restraints are reasonably necessary to protect the legitimate interests of the parties.

b. The parties hereby undertake and agree with each other that unless both parties agree in writing they will not during the continuance of this Agreement, and for a period of twelve (12) months following the termination of it, whether on their own account or jointly or in conjunction with or for or on behalf of any other person, firm or company and whether directly or indirectly, do any of the following:

i. Solicit or contact other Owners or Guests of Passepartout Homes for the purpose of offering to provide to any other Owner or Guest of Passepartout Homes any services in competition with or substitution for Passepartout Homes, or introduce or facilitate the introduction of any other Owner or Guest of Passepartout Homes to any third party who might provide services to such other Owner of Guest in competition with Passepartout Homes; and/or

ii. Endeavour to entice away from Passepartout Homes any person who is a partner in or employed or engaged by Passepartout Homes; and/or

iii. Attempt to contact, either directly or indirectly, the Owners of properties listed on Passepartout Homes' website.

c. In the event of a breach of Clause 28 by Guest and/or any of its affiliates and/or any of their respective directors, officers, principals or employees, Passepartout Homes shall be entitled to liquidated damages equal to the amount of any benefit that Guest derived from such breach. The parties hereto further acknowledge and agree that the above shall be construed as liquidated damages (i.e., a reasonable estimate of either the anticipated or the actual loss from the breach of this Agreement) and shall not in any way be construed as being a penalty.

4. Contacting Us; Notices

a. If you have any queries or complaints please write to:
customerservice@passepartout-homes.com

Or write to us at:

Passepartout Homes Ltd.
14 Railway Street
Chelmsford CM1 1QS
United Kingdom

b. Except as otherwise provided in Clause 5 or 6 above, any notice or other document to be served under this Agreement must be writing in the English language and may be delivered or sent by prepaid first class recorded delivery post or facsimile process to the party to be served at its address appearing in this Agreement or at such other address as it may have notified to the other parties in accordance with this Clause.

c. Any notice or document shall be deemed to have been served:

i. if delivered, at the time of delivery; or

ii. if posted, at 10.00 a.m. on the business day after it was put into the post; or

iii. if sent by air mail, five business days after posting it; or

iv. if sent by facsimile process, at the expiration of two (2) hours after the time of dispatch, if dispatched before 3.00 p.m. on any Business Day, and in any other case at 10.00 a.m. on the Business Day after the date of dispatch.

v. In proving service of a notice or document it shall be sufficient to prove that delivery was made or that the envelope containing the notice or document was properly addressed and posted as a prepaid first class recorded delivery letter or that the facsimile message was properly addressed and despatched as the case may be.

5. Force Majeure.

a. Neither Passepartout Homes nor Owner shall be held in any way responsible for any failure to fulfil their obligations under this Agreement if such failure has been caused (directly or indirectly) by circumstances beyond their control. This shall include severe weather, natural disaster, war, riot, subsidence, acts of terrorism, governmental action, industrial action, power of other utility cut-off, burglary, accident or equipment failure.

6ß. Miscellaneous

a. This Agreement and all exhibits, schedules and/or annexes hereto contain the entire understanding by and between you and Passepartout Homes hereto and supersede any and all prior understandings, agreements or representations, either oral or written, between us.

b. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective former and current officers, agents, employees, executors, representatives, administrators, predecessors, heirs, successors and assigns, except that you shall not have the right to assign your rights hereunder or any interest herein without the prior written consent of Passepartout Homes and/or Owner, as the case may be. For the avoidance of doubt, either Passepartout Homes or Owner shall have the right to assign or sub-contract their obligations under this Agreement without seeking your consent.

c. All disputes or differences which shall at any time arise between you and Passepartout Homes in respect of the construction or effect of this Agreement, or the rights, duties and liabilities of the parties hereunder, or any matter or event connected with or arising out of this Agreement (including non-contractual obligations) shall be dealt with as follows:

i. At the request of either of the parties, the parties shall seek to resolve the dispute at a review meeting and the parties' representatives will use their reasonable endeavours to resolve the dispute;

ii. If the dispute is not resolved within seven (7) days of a referral in accordance with Clause 31(c)(i) above, then the dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules (the "Arbitrator") and the seat of the arbitration will be in London, England. The language of the arbitration shall be English; and

iii. Notwithstanding the foregoing, Passepartout Homes shall have the right to commence any action before the courts of any jurisdiction, whether within or outside England & Wales, in connection with any breach or threatened breach of this Agreement and/or to apply for interim and/or injunctive relief and/or provisional remedies (or their equivalent in the jurisdiction where the application is filed). Such remedies shall be cumulative and not exclusive and shall be in addition to any other remedy available to Passepartout Homes.

iv. In addition to the limitations set forth in Clause 10 above, no proceeding or action arising from, or relating to this Agreement or the License Agreement may be commenced after one (1) year from the date on which such claim or action arose or accrued or a Guest's stay was completed.

d. This Agreement and any non-contractual obligations arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England & Wales.

e. Any provision of this Agreement that is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions of this Agreement, and to the extent permitted by law, any determination of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Additionally, the parties expressly grant to any court or other entity interpreting this Agreement the power and authority to modify the terms of this Agreement to extent necessary to allow enforcement of this Agreement to the fullest extent allowed by law.

f. This Agreement may be executed in any number of counterparts each of which shall be an original and all of which taken together shall constitute one and the same agreement. The execution of this Agreement may be effected by facsimile signatures (including, but not limited to, signatures transmitted by electronic mail), all of which shall be treated as originals; provided, however, that a party receiving this Agreement with a facsimile signature may, by notice to the other, require the prompt delivery of an original signature (or a replacement original signature, retroactively effective) to evidence and confirm the delivery of the facsimile signature. Each party hereto intends to be bound by its respective facsimile transmitted signature, and is aware that the other party will rely thereon, and each party hereto waives any defences to the enforcement of this Agreement on the basis that no original signature can be located in the presence of a facsimile signature.

g. The failure of a party to exercise rights hereunder may in no case be interpreted as a waiver of any right hereunder nor shall it deprive a party of the right thereafter to insist upon strict compliance with such term or any other term of this Agreement. For the avoidance of doubt, no alleged waiver by a party shall be enforceable unless it is in writing and duly signed by an authorized representative of that party.

h. This Agreement shall not be construed or interpreted for or against either party because said party drafted any of its provisions.

i. EACH PERSON SIGNING THIS AGREEMENT AGREES THAT HE OR SHE HAS THE AUTHORITY TO EXECUTE THIS AGREEMENT, HAS BEEN REPRESENTED BY COUNSEL AND HAS BEEN FULLY ADVISED BY COUNSEL REGARDING THE EXECUTION AND CONSEQUENCES OF THIS AGREEMENT, HAS READ AND UNDERSTANDS THIS AGREEMENT IN ITS ENTIRETY, ENTERS INTO THIS AGREEMENT OF HIS OR HER FREE CHOICE AND INTENDS TO BE BOUND BY THIS AGREEMENT.

j. Unless expressly provided in this Agreement, no express term of this Agreement or any term implied under them is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it. It is hereby agreed between the parties that the Contracts (Rights of Third Parties) Act 1999 does not apply to any subsequent amendment to this Agreement unless expressly confirmed in writing that the said Act does apply.

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