EKLIVING — GUEST BOOKING TERMS & CONDITIONS
1. About This Agreement
1.1 Agency Status
Ekliving Partners Ltd ("EKL", "we", "us", "our") is a property management company acting solely as a disclosed agent on behalf of the property owner ("the Owner"). EKL is not, and shall not be construed as, the principal provider of accommodation under any circumstances.
This distinction is material for the following purposes:
All rental income received by EKL is received on behalf of the Owner and held as the Owner's funds
EKL's only revenue is its management fee (a % of the booking value, exclusive of VAT), charged to the Owner
EKL does not derive income from your booking payment — that payment belongs entirely to the Owner
For the purposes of HMRC, the rental income is the Owner's taxable income, not EKL's
1.2 The Contract
The accommodation contract is formed between:
You (the guest, as defined in clause 1.3), and
The Owner (the legal owner of the property)
EKL enters into this agreement as agent for and on behalf of the Owner. Any obligations or rights expressed herein as belonging to "EKL" are exercised by EKL in its capacity as agent only. EKL has authority to act on the Owner's behalf for all purposes set out in this agreement.
1.3 Definitions
TermMeaning"EKL" / "we" / "us"Ekliving, acting as managing agent"Owner"The legal owner of the property booked"You" / "Guest"The named person making the booking, and all persons in their party"Property"The accommodation specified in your booking confirmation"Booking"The confirmed reservation for the Property for the agreed dates"Platform"Any third-party booking channel (e.g. Airbnb, Booking.com)
2. The Booking
2.1 Formation of Contract
Your booking is confirmed, and the accommodation contract is formed, once:
Full payment has been received and processed, and
A written confirmation has been issued by EKL (on behalf of the Owner)
2.2 Booking Channels
Bookings may be made via:
EKL directly (website, email, or telephone), or
Third-party platforms (Airbnb, Booking.com, VRBO, etc.)
Where a booking is made via a third-party platform, their terms and conditions also apply. In the event of a conflict between those platform terms and these terms, the platform terms will take precedence in respect of payment processing and cancellation rights available through that platform only.
2.3 Nature of Occupancy — Licence to Occupy
This agreement grants a licence to occupy the Property for the agreed period only. It expressly does not create:
A tenancy under the Housing Act 1988
An assured shorthold tenancy or any other form of tenancy
Any right of exclusive possession beyond the contractual stay
Any right to occupy the Property beyond the agreed departure date and time
This agreement constitutes an excluded agreement under Section 3A of the Protection from Eviction Act 1977. EKL (on behalf of the Owner) is entitled to repossess the Property at the end of the agreed period, or earlier in the circumstances described in clause 11, without the need for court proceedings.
2.4 Minimum Booking Age
The person making the booking must be at least 21 years of age. By making a booking, you confirm that you meet this requirement. EKL reserves the right to cancel without refund if this condition is not met.
2.5 Non-Transferability
Bookings may not be transferred to a third party or resold without prior written consent from EKL. Any unauthorised transfer may result in cancellation without refund.
3. Payments
3.1 Client Money — Important Notice
All payments made by you are received by EKL strictly as agent on behalf of the Owner. These funds:
Are the Owner's money, not EKL's revenue
Are held in a designated client account, separate from EKL's own operating funds
Will be remitted to the Owner in accordance with EKL's management agreement, less EKL's management fee
EKL's revenue from your booking is limited solely to its % management fee, charged separately to the Owner
This arrangement is consistent with EKL's position as a disclosed agent. EKL does not treat booking income as its own revenue in its accounts or for tax purposes.
3.2 Payment Terms
Full payment is required at the time of booking unless an alternative arrangement has been agreed in writing. Prices are subject to dynamic pricing but your confirmed booking price is fixed and will not change after confirmation.
3.3 VAT
All charges under this agreement are stated exclusive of VAT where applicable. Where EKL or the Owner is registered for VAT, VAT will be applied at the prevailing rate. EKL is not currently VAT registered. Therefore, no VAT is charged on bookings or services provided under this agreement.
If EKL becomes VAT registered in the future, VAT will be applied at the prevailing rate in accordance with UK legislation, and guests will be notified where applicable.
4. Cancellations & Refunds
4.1 Cancellation by You
The following cancellation policy applies to direct bookings with EKL. Where a booking was made via a third-party platform, that platform's cancellation policy applies instead.
Notice Given Before Arrival
Charge
More than 28 days Full refund
14–28 days 50% of total booking value
Less than 14 days 100% of total booking value (no refund)
Less than 48 hours 100% of total booking value (no refund)
4.2 Re-letting Credit
Where a cancellation results in a full charge, EKL will use reasonable endeavours to re-let the Property for the same dates. If the Property is successfully re-let at the same or greater value, a refund of the amount recovered (less any re-letting costs) will be issued at EKL's discretion.
4.3 Cancellation by EKL / the Owner
In exceptional circumstances — including but not limited to serious maintenance issues, health and safety concerns, significant property damage, or events beyond reasonable control — EKL (on behalf of the Owner) may need to cancel or relocate your booking. In such cases:
You will be notified as soon as reasonably practicable
EKL will use reasonable endeavours to find you comparable alternative accommodation
If no suitable alternative is available, a full refund of all amounts paid will be issued
EKL's liability in such cases is limited as set out in clause 10
4.4 Force Majeure
Neither EKL nor the Owner shall be liable for cancellation or curtailment caused by circumstances beyond reasonable control, including but not limited to: acts of God, flooding, fire, pandemic, government restriction, civil unrest, terrorism, or infrastructure failure. Where a cancellation occurs due to force majeure, a full refund of the accommodation cost will be provided. EKL's management fee is not refundable in force majeure circumstances, as it relates to services already performed.
5. Your Stay
5.1 Check-In and Check-Out
Check-in: From 3:00 pm on the arrival date
Check-out: By 10:00 am on the departure date
Early check-in or late check-out may be available on request and subject to availability and an additional charge. Where a late check-out has not been agreed in advance, a charge of £25 per hour (or part thereof) will apply.
5.2 Your Responsibilities
You are responsible for your own conduct and the conduct of every person in your party throughout the duration of your stay. You agree to:
Keep the Property clean and tidy
Dispose of waste appropriately
Report any damage or maintenance issues promptly
Vacate the Property by the agreed check-out time
Comply with any house rules provided at or before check-in
5.3 Prohibited Conduct
You agree that you and your party will NOT:
Smoke inside the Property (a deep-cleaning charge of £75 applies)
Bring pets onto the Property unless agreed in writing in advance
Host parties, events, or gatherings of any kind
Cause excessive noise, particularly between 11:00 pm and 8:00 am
Use, store, or supply illegal drugs or controlled substances on the Property (£100 cleaning/decontamination charge applies, in addition to referral to the relevant authorities)
Exceed the maximum occupancy of the Property as stated in the listing
Tamper with, cover, or disable any fire alarm, smoke detector, carbon monoxide alarm, fire extinguisher, or other safety equipment
Sublet or allow any person not included in the booking to occupy the Property overnight
5.4 Breach of House Rules
Breach of any of the above may result in:
Immediate termination of your stay without refund (see clause 11)
Removal from the Property
Additional charges as set out in clause 6
Reporting to the relevant authorities where required
6. Damage, Loss & Additional Charges
6.1 Guest Liability for Damage
You are fully liable for any damage to the Property, its furnishings, fixtures, fittings, appliances, or contents caused during your stay by you or any member of your party. Reasonable fair wear and tear is excluded.
6.2 Right to Charge
EKL (on behalf of the Owner) reserves the right to charge you for:
Damage to furniture, fixtures, fittings, or appliances
Missing or stolen items
Excessive cleaning required beyond normal post-stay cleaning
Any breach of the house rules in clause 5.3
6.3 Standard Charge Schedule
The following standard charges apply. Where actual costs exceed the standard charge, the actual cost will be charged:
Smoking inside the Property £75
Drug-related decontamination/cleaning £100
Lost keys (per set) £100
Lost parking permit £50
Excessive cleaning (beyond standard)£30 per hour
Noise complaint requiring attendance £100
Emergency call-out caused by guest misuse £100
Blocked plumbing caused by misuse £150
Unauthorised late check-out £25 per hour
Unauthorised pet £100
Damage to furnishings/fixturesActual cost of repair or replacement
6.4 Recovery of Charges
Charges may be recovered from:
The security deposit held (where applicable)
The payment method used at the time of booking
Invoice, payable within 14 days of issue
EKL will provide reasonable evidence of any damage or cost before deducting or invoicing amounts beyond the standard schedule.
7. Security Deposit
7.1 Amount and Purpose
For direct bookings, a refundable security deposit of £200 may be required. This is held as security against the charges described in clause 6 and is not applied towards the accommodation cost.
7.2 Holding of Deposit
The security deposit is held by EKL on behalf of the Owner, separate from EKL's own funds. It is not EKL's money and is not treated as EKL revenue.
7.3 Return of Deposit
Subject to post-checkout inspection of the Property, the deposit will be refunded within 7 days of departure, less any deductions properly made under clause 6. EKL will provide an itemised statement of any deductions.
8. Cleaning & Property Access
8.1 Pre-Stay Cleaning
The Property will be professionally cleaned and prepared before your arrival.
8.2 Guest Obligations
You must leave the Property in a reasonable condition upon departure. Dishes should be washed, rubbish disposed of, and the Property left broadly tidy. This is distinct from the deep-clean required between guests — you are not expected to clean to a professional standard, but excessive mess may incur the charges set out in clause 6.3.
8.3 Access During Your Stay
EKL or its appointed contractors may enter the Property during your stay only where:
There is a genuine emergency (e.g. fire, flood, gas leak)
Maintenance is required and you have been given reasonable advance notice
There are reasonable grounds to suspect a breach of these terms
Entry is required by law or by emergency services
We will give you as much notice as is practicable in the circumstances.
9. Complaints
9.1 During Your Stay
Any issue with the Property must be reported to EKL as soon as it arises, giving us the opportunity to resolve it during your stay. EKL will use reasonable endeavours to address reported issues promptly.
Contact during your stay: partners@ekliving.co.uk
9.2 Post-Stay Complaints
Formal complaints must be submitted in writing to partners@ekliving.co.uk within 7 days of your departure date. Complaints received outside this window may not be considered.
9.3 Alternative Dispute Resolution (ADR)
If your complaint cannot be resolved through our internal process, you may refer the matter to an alternative dispute resolution scheme. Details of applicable ADR schemes are available on request. Your statutory rights are not affected by this clause.
10. Liability
10.1 EKL's Role
EKL acts as managing agent for the Owner and is responsible for:
Booking administration and guest communication
Property management services on behalf of the Owner
Holding client money on behalf of the Owner
The accommodation itself is provided by the Owner, not EKL.
10.2 Limitation of Liability
To the fullest extent permitted by applicable law:
EKL's total aggregate liability to you (whether in contract, tort, or otherwise) shall not exceed the total booking value paid by you
Neither EKL nor the Owner shall be liable for indirect, consequential, or economic losses, loss of enjoyment, or losses arising from circumstances beyond their reasonable control
10.3 No Exclusion of Statutory Rights
Nothing in this agreement limits or excludes liability for:
Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Any liability which cannot be excluded under the Consumer Rights Act 2015 or other applicable law
10.4 Consumer Rights
If you are a consumer (booking for personal, non-business use), your statutory rights under the Consumer Rights Act 2015 and other consumer protection legislation are not affected by these terms.
11. Termination of Stay
11.1 Grounds for Immediate Termination
EKL (on behalf of the Owner) may terminate this licence to occupy immediately, without prior notice and without refund, if:
You materially breach any provision of these terms (particularly clause 5.3)
You cause damage to the Property or its contents
You cause a nuisance or disturbance to neighbours or surrounding properties
Illegal activity is suspected or taking place at the Property
The safety of the Property, neighbours, or any person is at risk
11.2 Consequences of Termination
Upon termination under this clause:
You and all members of your party must vacate the Property immediately
No refund of any portion of the booking will be issued
Additional charges under clause 6 may apply
EKL reserves the right to contact the relevant authorities
12. Data Protection
12.1 Data Controller
For data collected in connection with your booking, the data controller is Ekliving, 128 City Road, London, EC1V 2NX. Full details of how your data is used are set out in our Privacy Policy, available at https://www.ekliving.co.uk/privacy-policy
12.2 Lawful Basis
We process your personal data on the following lawful bases:
Performance of a contract — to process your booking and manage your stay
Legitimate interests — to manage properties, respond to complaints, and recover charges
Legal obligation — where required by law (e.g. providing guest details to authorities)
12.3 Data Sharing
Your personal data may be shared with:
The Owner of the property you are staying at
Cleaning, maintenance, and other service providers (on a need-to-know basis)
Third-party booking platforms through which you booked
Law enforcement or regulatory authorities where required by law
We do not sell your personal data to third parties.
12.4 Retention
We retain your personal data for a period of 6 years following your stay, in line with our legal and accounting obligations. After this period, your data will be securely deleted unless retention is required by law.
12.5 Your Rights
You have the right to access, correct, delete, or restrict the use of your personal data, and to object to certain processing. To exercise these rights, contact: partners@ekliving.co.uk. If you are unsatisfied with our response, you may complain to the Information Commissioner's Office (ICO) at ico.org.uk.
13. General Provisions
13.1 Severability
If any provision of this agreement is found to be invalid, unlawful, or unenforceable, that provision shall be severed and the remainder of the agreement shall continue in full force and effect.
13.2 Waiver
Failure by EKL or the Owner to enforce any provision of this agreement at any time shall not constitute a waiver of any right to enforce that provision in the future.
13.3 Entire Agreement
This agreement, together with the booking confirmation and any applicable platform terms, constitutes the entire agreement between the parties in relation to the booking. It supersedes all prior representations or arrangements.
13.4 Governing Law and Jurisdiction
This agreement is governed by the laws of England and Wales. Any dispute arising from this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
13.5 Third Party Rights
Nothing in this agreement confers any benefit or right on any third party under the Contracts (Rights of Third Parties) Act 1999, except that the Owner may enforce the terms of this agreement directly in their capacity as the principal.
Contact
📧 partners@ekliving.co.uk 📍
Company number: 15462370
128 City Road, London, EC1V 2NX