The Terms and Conditions in Full
The Terms and Conditions are in the following sections:
Definitions. What the words used in the document mean.
Finance. What happens in the event that you have to cancel your booking.
Rules and Regulations. What we expect you to do and not to do, before during and after the holiday
Protection. What is and isn't included in the holiday and some information about the area that you should plan to deal with.
Liability. What we will do if anything goes wrong with the apartment that prevents you using it.
These terms and conditions shall be governed by, construed and interpreted in accordance with the law of England and Wales
Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
Definitions and interpretation in this Agreement:
(a) Singular words include the plural and vice versa. Words in one gender include both genders;
(b) Reference to regulations or guidelines shall include the latest version or its replacement where appropriate
(c) A reference to:
(i) Any party includes its successors in title and permitted assigns;
(ii) A "person" includes any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality);
(iii) A Clause or Schedule is to a clause of or a schedule to this Agreement;
(e) Any undertaking under this Agreement not to do any act or thing includes an undertaking not to permit or suffer the doing of that act or thing.
In these terms and conditions the following words have the following meanings:
"Owner" the owner of the apartment being rented out as a holiday let.
"Letter" a written or e-mail communication.
"Agreement" the agreement between the parties as set out herein, including the Schedules;
"Commencement Date" the date of the acceptance of the terms and conditions by the customer;
"Confirmation of Booking" confirmation letter sent by the owner or their agent;
"Customer" the person booking a holiday ;
"Data" information provided to the owner by the Customer;
"Deposit" 30% of the cost of the holiday;
"Security Deposit" or "Security Bond" Refundable deposit collected by the Owner and which may be retained in the event of any damage to the apartment by the Customer; usually £50 per week or part week booked.
"DPA" means the Data Protection Act 1998 any applicable EU Directives or Regulations relating to data protection;
"Force Majeure" has the meaning described in the defining paragraph of this document;
" Holiday " the dates the customer plans or uses the apartment for;
"Term" means the period from Confirmation of Booking until the end of the Holiday
Some or all of the rights conferred by this Agreement may be exercised at any time during the agreement.
If any part, term or provision of this Agreement not being of a fundamental nature be held illegal or unenforceable the validity or enforceability of the remainder of this Agreement shall not be affected.
Any change to this Agreement must be made in writing and be signed by the Owner and the Customer.
This Agreement supersedes any prior agreement for the holiday, whether oral or written.
The Contract for a short-term holiday rental shall be made between the Customer and the owners.
The Contract shall be governed by UK Law. It will be entered into when the deposit is processed and the confirmation letter issued. The Contract will be subject to all the following conditions.
Please ensure that sufficient time for the post and cheque clearance is allowed when sending payments.
Bookings and Deposit
An agreement will be made when the owner or agent confirms the booking after processing the deposit for the holiday. Reservations will not be cancelled in this ten-day period but a confirmed booking will only be made on receipt and bank clearance of the deposit.
Confirmation will be made by Letter.
Holidays can be cancelled and half the deposit will be returned up to 10 weeks before the holiday start date. If the apartment is re-let the rest of the deposit will also be returned.
The deposit will be retained in full if a booking is cancelled within 10 weeks of the holiday date. If the apartment is re-let the deposit will be returned less a reasonable administration fee.
If the apartment is re-let at a lower price than that agreed the difference will be kept.
Any cancellation made by the Client for whatever reason shall be confirmed by the Client in writing.
The owner reserves the right to cancel a reservation, terminate a Holiday and retain all monies paid by the Customer in the event that any member of the Customer's party causes damage to the Property or an unreasonable disturbance.
To secure a Booking the Customer shall pay a Booking Deposit and Security Deposit to the owner.
The balance (total cost of Holiday less Deposit) is to be paid at least 6 weeks prior to the start date of the Holiday .
If the Booking Confirmation is received less than 10 weeks prior to the Holiday then the full amount of the holiday plus the security deposit is to be paid to secure a Booking. Payment shall be by sterling ( UK pounds) cheque.
Non-payment of the balance of the rental on or before the due date shall be construed as a cancellation of the contract by the Client.
All payments shall be made to Mrs S Everitt at the address at the bottom of the Booking Form.
The owner may charge daily interest on all outstanding amounts until payment is received in full at a rate equal to 4% per annum above the base rate of Barclays Bank PLC Base Lending Rate as current from time to time. Such interest shall be calculated from the date the amount becomes payable.
Care of the property
The Client shall take all reasonable and proper care of the property and its furniture, pictures, fittings and effects in or on the property and leave them in the same state of repair and in the same clean and tidy condition at the end of the rental period as at the beginning. The client shall advise the Owner or their appointed representative immediately the Client becomes aware of any damage or malfunction. In the event that there is a problem that requires immediate attention the Owner shall work closely with the client to effect repairs with the minimum disruption to the Client's holiday.
A £100 per week deposit shall act as a Security Bond. On completion of the holiday the flat will be serviced. The Owner reserves the right to pay for any damages, extra cleaning required or missing items using the security deposit. Receipts for any such work or replacement costs will be provided along with any balance. Fair wear and tear is not chargeable to customers. Please ensure that spillages are dealt with immediately; items are not removed from the accommodation by accident when you leave, the accommodation is as you found it and that the key and parking permit are returned as advised by the owner.
Cancellation Insurance is not compulsory but could be taken out to protect against the cancellation penalty. In the event that a receipt is required the owner shall provide this as soon as the cancellation has taken effect.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
This does not affect any right or remedy of a Third Party which exists or is available apart from that Act.
There are bound to be dangers in any property and its surrounding area. Even though you are on holiday please assess these as you would at home. The property is let as suitable for adults and children under proper supervision. It should be noted that the property has a first floor balcony over-looking a paved area and could represent a danger to small children. The balcony is accessed via double sliding doors with locks and it is not recommended that children are allowed on the balcony unsupervised. Accommodation contains all normal household dangers such as cookers, kettles stairs, knives etc. Specific safety equipment to prevent toddlers and smaller children from normal household dangers should be provided by the Client if they are necessary. Access to accommodation is by steps. There are slopes steep enough for loss of footing to result in a fall. While beaches may be patrolled by lifeguards during the summer rock pools and cliffs can provide a fascinating but dangerous attraction for children of all ages. Low tides may allow access to beaches that may be cut off during high tide. A stream runs through the village and across the beache. Beach breezes can cool the skin during exposure to the sun and increase the likelihood of sun-burn. This is not an exhaustive list of potential dangers but is intended to provide a guide to those things you might be unfamiliar with if you don't live by the sea and to help plan for a safe holiday.
Right of Entry
The owners and caretakers shall be allowed the right of entry to the property at reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.
Problems during the holiday
The owners try to minimise any problems by replacing items on a regular basis. If a problem does arise, call the owner or caretaker who will deal with small issues immediately and has a list of competent tradesmen in the area should the need arise. It is stating the obvious but problems cannot be resolved if we do not know about them.