TERMS AND CONDITIONS FOR WEST VIEW COTTAGE
1. Definitions
1.1. The definitions in this clause apply to these Terms:
Owner is Mrs Powell and for the purposes of these Terms referred to as "we” or "us”.
Property West View Cottage and where applicable to the Booking includes the Annex.
Holiday Let the tenancy of the Property for the Period of Hire for use as holiday accommodation.
Booking an accepted Booking Form pursuant to clause 2.5
Booking Form a booking form and deposit required to book a Holiday Let.
Period of Hire is as defined in clause 8.
Terms these terms and conditions.
Tenants the person or persons in whose name the Booking is made which must include the name of someone who will occupy the Property during the Period of Hire. For any Booking including 4 or more adults we require 2 named parties for the Booking. For the purposes of these Terms referred to as "you” or "your”.
1.2. Headings do not affect the interpretation of these Terms.
2. General
2.1. These Terms and the Booking Form set out the whole agreement between you and us, any variations shall be inapplicable unless agreed in writing by us.
2.2. Please ensure that you read and understand these Terms before you submit the Booking Form because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause2.5.
2.3. Any descriptions, illustrations or advertisements are issued or published solely to provide you with an approximate idea of the Property. They do not form part of the contract between us. Any such descriptions maybe subject to change or variation form time to time without notice. Where any changes are considered fundamental to the Holiday Let we will notify you.
2.4. By completing and returning the Booking Form you agree to by bound by these Terms.
2.5. A completed Booking Form is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.6. These Terms shall become binding on you and us when:
2.6.1. we issue you with written acceptance of the Booking Form; or
2.6.2. we notify you that we are able to accept the Booking Form, which ever is the earlier, at which point a contract shall come into existence between us.
2.7. You agree that you are authorised to make the Booking on behalf of all those who shall be staying in the Property with you during the Holiday Let and you agree to accept responsibility for the Property and the payment of all charges, costs and damages caused.
2.8. So long as you and all those occupying the Property with you comply with these Terms we will allow you to use the property without interference.
2.9. Any variation of these terms (including any special terms and conditions agreed between you and us) shall be inapplicable unless agreed in writing by us.
3. Provisional Booking
3.1. We do accept provisional bookings whereby dates can be saved for an agreed period of time. If the booking is not confirmed by expiry of the agreed period the dates saved will be made available for booking again without further reference to you.
4. Deposit and Payment
4.1. The rental charge will be as quoted by us and set out in the Booking Form.
4.2. A non-refundable deposit of 40% of the full rental charge is payable with the Booking Form and if we are unable to accept your Booking Form for whatever reason the deposit will be refunded.
4.3. The balance of the rental charge is due for payment 6 weeks before the start date of the Holiday Let. Failure to pay the full balance on time may result in the cancellation of your Booking and the loss of your deposit.
4.4. If the Booking is made less than 6 weeks before the start of the Holiday Let the full rental charge must be paid with the Booking Form. If we are unable to accept the Booking we will refund or return the payment to you in full.
4.5. A Damage deposit of £200 is payable with payment under clauses 4.3 or 4.4 for groups staying 5 nights or more, for any Booking including children under 13 years, pets, groups of 17 or more over night or day guests, all male groups and guests where one or more of the booking addresses are outside of England and Wales.
5. Holiday Let
5.1. We will let the Property to you for the Period of Hire for use as holiday accommodation. Neither you nor any other person occupying the Property with you will acquire any security of tenure pursuant to any regulations, statute or otherwise including the Housing Act 1988 pursuant to which the occupation shall be by way of an excluded tenancy.
5.2. The Holiday Let includes electricity, gas, water, bed linen for all permanent beds and towels.
5.3. Bed linen and towels for put-u-up beds and sofa beds is charged separately at £20 per bed.
6. Pets
6.1. Pets are allowed in the Property with our consent.
6.2. An additional charge of £35 per pet is payable with payment under clause 4.3 or 4.4.
6.3. Pets must be supervised at all times and are not permitted access into the sleeping accommodation (unless a registered guide or support dog) onto the furniture or work surfaces.
6.4. Any additional cleaning costs incurred or charges for damage caused by pets will be charged to you separately.
7. Occupancy
7.1. You must confirm the maximum number of persons occupying the Property (specifying the numbers of adults and children) upon payment of the balance of the rental charge pursuant to clause 4.3 or 4.4. If additional persons are found to be staying at the Property we reserve the right to refuse admittance.
7.2. You must inform us of the number of adults, children and pets visiting the Property during the course of the day only. We reserve the right to charge an additional day rate (£10 per person/per day and £35 per pet).
8. Period of Hire
8.1. The Holiday Let starts and ends on the dates stated in the Booking Form.
8.2. Access to the Property is not permitted before 4pm on the start date of the Holiday Let and you must vacate the Property and return keys as directed on the last day of the Holiday Let by 10:00 am.
9. Use of the property
9.1. You must not occupy and/or use all or any part of the Property in a way which will or may invalidate the insurance of the Property or increase the premium payable for it, or for any activity which is dangerous, offensive, noxious, illegal or immoral or which is or may become a nuisance or annoyance to us or the owner or occupier of any neighboring property, or for any trade or business.
10. Rights of entry
10.1.You will allow us and our authorised representative free entry to the Property for the purpose of inspecting it.
11. Regulations for use
11.1.During the Holiday Let you and all those occupying the Property with you agree to the following regulations for use;
11.1.1. To comply with all regulations of use and instruction manuals included in the welcome folder and located around the Property.
11.1.2. Not to damage the Property, furniture and contents or make any alterations or additions to it.
11.1.3. To inform us of any breakages or damage.
11.1.4. Not to make noise in the Property which is audible outside or make any noise outside the Property which could disturb or be considered a nuisance to the owner/occupiers of the neighbouring properties between 10:00 pm and 7:00am.
11.1.5. To observe the no smoking policy inside the Property and to use the sand filled terracotta pots provided for cigarette ends (external use only).
11.1.6. To ensure children are supervised by a responsible adult at all times.
11.1.7. Not to use confetti on the gravel outside the Property and to clear away all confetti before the Property is vacated.
11.1.8. To place all refuse, surplus food and unwanted articles in the waste bins provided.
11.1.9. Not to drop litter in the garden.
11.1.10. Not to block the waste pipes and drains or tamper with gas pipes and electricity wires.
11.1.11. To close and secure all windows and doors whenever the Property is unoccupied and when vacating the Property on the last day of the Holiday Let. If theft or damage occurs due to an unsecured access you will be liable for the costs of any loss or damage. A charge of £50 per unsecured door or window will be made following your departure from the Property at the end of the Holiday Let.
11.1.12.To maintain and leave the Property clean and tidy and in the same condition and repair including washing of all kitchen utensils, crockery and glassware, disposing of excess food, stripping beds and placing used towels in the bath or shower.
11.2.Any breach of regulations set out in 11.1 may give rise to additional charges for losses, cleaning costs replacement or repair costs which will be deducted from any deposit paid or charged to you separately.
12. Computer
12.1.A computer and broadband connection subject to availability is provided for light usage during the Holiday Let.
12.2.We make no warranties as to the working order of the computer or the availability of the broadband connection.
12.3.You agree not to add or download any programmes or documents to the Computer.
13. Rubbish
13.1.We may charge for excessive amounts of rubbish left at the Property at the end of the Holiday Let.
13.2.For stays of 2 to 3 nights no more than 4 bags of rubbish should be left at the Property and any rubbish in excess of that should be removed by you.
13.3.For stays of 4 to 7 nights no more that 6 bags of rubbish should be left at the Property and any rubbish in excess of that should be removed by you.
14. Appliance Breakdown
14.1.In the event of an appliance breakdown please notify us immediately and before calling out any tradesmen. Subject to availability of parts, appliances and labour, we will endeavour to repair or where possible replace the appliance.
14.2.An additional charge will be made to you for any unnecessary repair costs or costs incurred due to misuse of any appliances or failure to follow the instructions provided.
15. Respect Policy
15.1.Any rude or aggressive behavior, physically, verbally or in writing towards us or any staff working at the Property will not be tolerated.
15.2.Any such behavior may lead to the cancellation of your Booking or we may request that you and those occupying the Property vacate the premises immediately and the Holiday Let will be terminated. We will not be liable to refund any monies paid.
16. Third Party Vendors or suppliers
16.1.We accept no liability for the goods or services purchased by you from any of the third party vendors or suppliers whose details we may supply to you.
16.2.Any purchase you make from such vendors is entirely at your own risk.
17. Termination
17.1.Any breach of these Terms may result in termination of the Holiday Let and you and all those occupying the Property with you will be asked to vacate the Property immediately.
17.2.In the event of a termination under clause 17.1 we will not be liable to refund any monies paid and you will be charged for all additional losses and costs arising from the breach of these Terms.
17.3.The Holiday Let is cancelled or ends automatically if ;
17.3.1. you do not pay all the rental charge on time or
17.3.2. Fire or accidental damage renders the Property unfit for occupation before or during the Period of Hire. In that event we will not provide you with alternative accommodation and we will repay to you in full any rental charge and deposit already paid.
18. Contact
18.1.Upon payment of the balance we will provide you with our contact numbers for use during your stay. These are our personal numbers and we request that other than in the case of an emergency they are only used to contact us during working hours.
19. End of Tenancy
19.1.When the Holiday Let ends, you will vacate the property and return possession of it back to us.
19.2. Subject to 19.3 we will repay the Damage Deposit within 14 days of the end of the Holiday Let. The payment will be made without interest, but after deducting all sums due under these Terms and which remain outstanding including fair compensation for any breach of these Terms.
19.3.The damage deposit or any part of it will be paid by bank transfer and payment within 14 days is subject to you providing us with a sort code and account number for payment.
20. Left Items
20.1.We will levy a handling charge of £10.00 per address and £6 per item for any items left on the Property that you ask us to return. Items will not be returned until we have received payment. For items costing more than £6 in postage additional charges will apply. We accept no liability for loss or damage during transit.
21. Limitation of liability YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
21.1.Subject to 21.2 if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
21.2.Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories loss of income or revenue, loss of business, loss of anticipated savings or loss of data. However, this clause 17.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
21.3.This clause does not exclude or limit in any way our liability for:
21.3.1. death or personal injury caused by our negligence; or
21.3.2. fraud or fraudulent misrepresentation; or
21.3.3. any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or
21.3.4. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
22. Events outside our control
22.1.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
22.2.A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks, interruption or failure of utility service, including but not limited to electric power, gas or water.
22.3.In the event that the Property is not available for use on the agreed dates due to a Force Majeure Event the full amount paid by you will be refunded. We will not provide alternative accommodation and we will not be liable for any loss or expenses.
22.4.We will notify you as soon as is reasonably practicable of any circumstances arising under these provisions.
23. Assignment
23.1.You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms, but this will not affect your rights under these Terms.
24. Notices
24.1.All notices sent by you to us must be sent to Mrs. J Powell at info@westviewcottage.com. We may give notice to you at either the e-mail or postal address you provide to us in the Booking Form. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
25. General
25.1.If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
25.2.If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
25.3.Whenever there is more than one tenant, their obligations maybe enforced against all of them jointly and against each individually.
25.4.A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
25.5.These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
