Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
Airbnb Arbitrage Agreement
This Airbnb Arbitrage Agreement ("Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:
1. **{{property_owner_name}}**, residing at {{property_owner_address}} (hereinafter referred to as "Property Owner"); and
2. **{{arbitrage_operator_name}}**, with its principal place of business at {{arbitrage_operator_address}} (hereinafter referred to as "Operator").
Collectively referred to as “Parties.”
Recitals
WHEREAS, the Property Owner is the legal owner of the property located at {{property_address}} (hereinafter referred to as "the Property");
WHEREAS, the Operator is experienced in managing and operating short-term rental properties, including through platforms such as Airbnb;
WHEREAS, the Property Owner desires to permit the Operator to use and manage the Property for short-term rentals via Airbnb and other similar platforms, and the Operator desires to accept such an arrangement, under the terms and conditions set forth herein.
Term of Agreement
This Agreement shall commence on {{start_date}} and shall continue for a period of {{term_length}} (e.g., twelve months), expiring on {{end_date}}, unless terminated earlier in accordance with the provisions of this Agreement. This Agreement may be renewed upon mutual written consent of both Parties.
Operator's Responsibilities
The Operator shall be responsible for, but not limited to, the following:
a. Listing the Property on Airbnb and other approved short-term rental platforms.
b. Managing all bookings, guest communications, check-ins, and check-outs.
c. Arranging and overseeing cleaning, maintenance, and repairs for the Property.
d. Ensuring the Property is well-maintained and complies with all local regulations and platform terms of service.
e. Collecting all rental income arising from the short-term rentals.
Property Owner's Responsibilities
The Property Owner shall be responsible for, but not limited to, the following:
a. Ensuring the Property is in a habitable and safe condition prior to the commencement of this Agreement.
b. Providing the Operator with all necessary access to the Property, including keys, access codes, and any relevant documentation.
c. Covering major structural repairs, property taxes, insurance, and utility costs, unless otherwise agreed upon in writing.
d. Notifying the Operator of any planned maintenance or access requirements that may affect short-term rentals.
Financial Arrangements and Profit Sharing
a. **Revenue Collection**: All rental income generated from the short-term rentals of the Property shall be collected by the Operator.
b. **Expenses**: The Operator shall be responsible for {{operator_expenses_description}} (e.g., cleaning fees, minor maintenance, consumables).
c. **Profit Share**: The Gross Revenue (total income less platform fees) shall be split as follows: {{owner_percentage}}% to the Property Owner and {{operator_percentage}}% to the Operator.
d. **Payment Schedule**: Payments to the Property Owner shall be made on a {{payment_frequency}} basis, specifically by the {{payment_day}} of each {{payment_period}}, accompanied by a detailed statement of income and expenses.
Insurance and Liability
a. The Property Owner shall maintain comprehensive property insurance that covers short-term rental activities. The Operator may obtain separate liability insurance.
b. The Operator shall not be held liable for any damage to the Property caused by guests, provided the Operator has acted with due diligence in selecting guests and managing the Property. Any significant damage shall be reported immediately to the Property Owner.
Termination
This Agreement may be terminated by either Party by providing written notice of {{notice_period}} days. Grounds for immediate termination include material breach of this Agreement by either Party, bankruptcy, or insolvency.
Upon termination, the Operator shall provide the Property Owner with a final accounting of all income and expenses and shall return all keys and property access items.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.
Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
Signature Block
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
**PROPERTY OWNER:**
_____________________________
Name: {{property_owner_name}}
Date: {{date}}
**ARBITRAGE OPERATOR:**
_____________________________
Name: {{arbitrage_operator_name}}
Date: {{date}}
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