This Agreement is entered between PRODESS AS as the Agent (hereinafter called the Agent or Service Provider), the Manager of the holiday home (hereinafter called the Manager), and the Owner of the Rental Object (hereinafter called the Owner). The Manager and Owner may be the same person and are in this Agreement together referred to as the Host.
This Agreement shall govern the relationship between the Host, the Agent and prospective Tenants in a Rental Object. The Host and the Agent, together the Parties to this Agreement, agree to do their utmost to render a high quality and professional service to prospective Tenants. This encompass, but is not limited to, maintaining a Rental Object’s calendar updated at all times, replying to order requests as soon as possible and never later than within 48 hours, and generally being service minded and solution oriented with respect to requests and situations that may occur.
2. THE RENTAL OBJECT
The Host is responsible for ensuring that the Rental Object, including outdoor areas, is consistent with its description, photos, amenities and distances specified on the Agent’s website. The Rental Object shall be fully furnished and equipped for the number of persons the home is registered for on the Agent’s website. This includes adequate kitchen equipment and duvets/blankets/pillows to serve the number of persons it is registered for on the Agent’s website.
Upon arrival the Host is responsible for ensuring that the Rental Object is clean, ready and in an appropriate condition for all rental stays, even if made on a short notice.
The Host shall maintain rental prices for the Rental Object updated on the Agent’s website. The Host ensures that the prices on the Agent’s website, for the same Rental Object and same rental period, never are higher than prices charged in any other sales channels; e.g. airbnb.com, finn.no, booking.com, etc.
The Host shall state rental prices for the Rental Object in NOK on the Agent’s website.
Through prodess.no the Host accesses an exclusive and closed sales channel and accepts that the Agent withdraws 5% on all orders made through prodess.no.
The Host pays fixed costs to the Service Provider. For each order approved by the Host, a commission of 5% of the total value of the order is incurred. This commission is automatically deducted from the rental income before payment to the Host.
No additional charges shall apply, except if the Host has explicitly subscribed to chargeable services in the settings in his/hers profile on the Agent’s website.
The calendar of any Rental Object shall be maintained and updated at all times. This includes regularly updating settings for Special Periods which, for the convenience of the Host and Tenants, 3 months before the start of a special period are automatically copied to the corresponding period the subsequent year.
The default calendar setting in the Agent’s administration system for any Rental Object is available; i.e. the Host must diligently, well in advance, block periods not available for rent; e.g. for own use.
6. RENTAL PAYMENT
Rental payments are paid in advance to the Host every month on the banking date between the 25th and 31st for all orders made and paid by the Tenant within the 20th of each month and which start the following month.
Orders not paid by the 20th and starting the current or following month are added to next month’s payment.
If, in error, the Service Provider pays out too much in rent, the corresponding amount will be shortened by the next rental payment or the Host will be billed directly with 10 days payment deadline.
Rental payments are paid in NOK.
7. CANCELLATION BY TENANT
If the Tenant cancels the following rules apply:
8. CHANGES BY TENANT
As a general rule, the Host shall accept minor changes. This includes change of arrival and/or departure date, provided that the Rental Object is available and the requested change is in accordance with the Rental Object’s general order conditions; e.g. arrival date cannot be changed from Saturday to Sunday if the Host only accepts arrival/departure on Saturdays.
9. CHANGES BY HOST
As soon as an order request has been confirmed by the Host, the Host cannot change or cancel the order without explicit acceptance by the Agent and/or the Tenant.
If, nevertheless, the Host changes or cancels an order, the Host is responsible for finding a replacement Rental Object, to be approved by the Agent and/or the Tenant, or otherwise compensate the Tenant for his loss.
If the Host fails to find a replacement Rental Object, the Agent may on behalf of the Host and at the Host’s expenses, seek to find a replacement rental object with equal or better features, standard and location.
In case of complaints during the rental period due to defects or shortcomings of the Rental Object, or in the event of incorrect or misleading information about the Rental Object, the Host is obliged to provide immediate help.
If a Tenant contacts the Agent concerning a complaint connected to the Rental Object, the Agent will contact the Host. If the Agent fails to get hold of the Host within a day, or in case of a minor default or shortcoming of the Rental Object, the Agent will on behalf of the Host and on the Host’s account, seek to provide a solution to solve the matter. Costs associated with this will be shortened to the next rental payment or the Host will be billed directly with 10 days payment deadline.
11. ORDER REQUEST
As soon as an order request is made it will be forwarded to the Host for his approval.
The host is required to log in to Prodess and check requests on a continuous basis.
As a general rule, all order requests are made based on available dates in the Rental Object’s updated calendar and shall be accepted by the Host with minimum delay.
If, however, the Host has not taken any action within 48 hours after receiving the order request, the Agent may at his sole discretion delete the order request.
If an order request is not accepted by the Host, the Host shall immediately update availability in the Rental Object’s calendar.
12. HOST’S OWN USE OF THE RENTAL OBJECT
The Host may use the Rental Object at any time by blocking the Rental Object’s calendar on the Agent’s website. However, the Owner must always respect existing orders of the respective Rental Object and cannot cancel a confirmed order.
13. MARKETING OF THE RENTAL OBJECT
The Agent will devote its best effort to market the Rental Object through available channels. The Agent will bear all marketing costs, unless otherwise agreed with the Host.
The Agent may at any time choose to not promote the Rental Object through its channels. This will not exempt the Host or the Agent with respect to existing orders and the content of this Agreement.
14. DEFECTS AND SHORTCOMINGS OF THE RENTAL OBJECT
In case the Rental Object displays defects and shortcomings compared to the Rental Object’s description, or if the Host fails to fulfill his/her duties in preparing the Rental Object for the Tenant , the Agent may with immediate effect cancel the contract with the Host and claim a compensation for lost income and costs connected to the relocation of the Tenants.
In case the Rental Object or its fittings have been damaged and/or worn more than what must normally be expected, or more than the given impression in the description of the Rental Object, it is the Host’s responsibility to repair and upgrade the Rental Object before the next Tenant arrives.
The Agent may also cancel the Agreement in case of a force majeure situation (see § 20).
15. SALE OF THE RENTAL OBJECT
In case the Owner sells the Rental Object, this Agreement is immediately terminated as soon as the Host has blocked availability of the Rental Object in its settings page on the Agent’s website. However, the Host must honor the fulfilment of existing orders and, if necessary, pass on this obligation to the new owner of the Rental Object.
If the Host fails to comply with this paragraph, the Agent may on behalf of the Host and at the Host’s expenses, seek to find a replacement rental object with minimum equal features, standard and location to ensure his obligation towards Tenants.
16. TERMINATION OF AGREEMENT
This Agreement is valid until it is cancelled in writing by one of its parties. Cancellation of the Agreement can be done with immediate effect, but always respecting the fulfillment of existing orders according to this Agreement.
Even though the Rental Object’s profile on the Agent’s website is deleted, the Agent reserves the right to retain all information necessary to fulfil potential regulatory and fiduciary responsibilities.
In case the Host charges a deposit from the Tenant, the deposit amount and payment procedure must be thoroughly described in the profile of the Rental Object on the Agent’s website. The Host has to manage deposit payments by himself, as this is currently not supported by the
Agent’s rental administration software.
18. AGENT’S LIABILITY AND DAMAGES
The Agent is not responsible for damages that may arise in connection with renting the Rental Object. However, the Agent may to the extent possible choose to mediate between the Tenant and Host in case of disputes.
From the Tenants Agreement: The Tenant shall treat the Rental Object with his utmost care and hand it back in the same condition as it was at the beginning of his stay, with the exception of normal wear and tear.
The Tenant is responsible towards the Host with respect to damages on the Rental Object and/or its fittings that occur during the rental period and which is caused by the Tenant, or others which have been granted access to the Rental Object by the Tenant. Damages shall immediately be reported to the Agent or the Host. This applies also in case of damages which the Tenants claim is not caused by him, e.g. a faulty tap, water leak, etc.
If the Tenant discovers a water leakage, the Tenant shall immediately contact the Host and the Hosts local representative on the specified telephone number and make sure that contact has been established. In such cases contact via email is not sufficient.
Complaints in connection with damages occurred during a stay will, as far as the deficiency has been reported and is recognized according to customary vigilance, be made applicable within 3 weeks from the end of the stay, unless the Tenant has acted fraudulently.
The Host and/or the Agent will at the end of each stay conduct a control of the Rental Object whereby deficiencies and damages on the Rental Object and/or its fittings, as well as lacking or inadequate end of stay cleaning, will be reported.
19. RELATIONSHIP WITH TENANT’S AGREEMENT
The Host has read, understood and accepted the content of the Tenant’s agreement with the Agent, which is available on the Agent’s website under Terms and Conditions.
20. TAXES AND VAT
The Host is responsible for adhering to applicable VAT and tax legislation and approve that the Agent may at any time, upon request by tax authorities, hand out requested information.
21. NON-COMPLIANCE AND FORCE MAJEURE
In case of non-compliance with this Agreement by the Host, he/she will be liable to compensate the Agent for direct costs and losses incurred as a result of the non-compliance.
In case of a force majeure situation, including, but not limited to, natural disasters, epidemics, border closures and travel bans by Governments, the Agent cannot be held responsible.
In the event of a disagreement, The Agent and the Host agree to appoint a neutral arbitration tribunal and pay damages in accordance with the ruling of the tribunal.
23. ENGLISH VS. NORWEGIAN VERSION OF THIS AGREEMENT
In case of discrepancy between the English and Norwegian version of this Agreement, the English version shall prevail.