Formal Terms and Conditions for 17, Horizons, Newquay.
Outline of the Terms and Conditions
The following should give you an outline of the Terms and Conditions although they are not intended as a replacement for them in any way:
The overriding principle of these terms and conditions is to ensure that what we offer to our customers is fair, reasonable and moral. We want to provide holiday accommodation to like-minded customers.
We provide a service to allow you to book holiday accommodation with owners of holiday accommodation. The photos on the web site are a fair reflection of the property but are obviously taken to show the properties as well as possible.
Bookings for the apartment are for the period agreed with the owner.
No pets allowed
If there any problems you should contact the owner or caretaker as soon as possible..
Once the deposit is received, we have entered into a contract to rent the property for a period of time. We will do their best to provide what we have advertised. If something outside our control prevents this, we will do their best to find an acceptable alternative.
Unless otherwise stated the owners do not provide safety equipment for young children. If you have a disability or may find the going a bit tough we will try to advise, but there is unlikely to be a problem there is likely to be a problem.
If you have to cancel you are likely to lose some money so you might like to take insurance. We don’t provide insurance but policies are available from most Supermarkets or from the Web.
We don’t offer any guarantee on the weather or take responsibility for anything except the apartment.
We keep a £100 security deposit until after your holiday. We expect you to behave reasonably and to leave the accommodation in good condition. If you damage, steal or mistreat the property we might keep some or all of your security deposit or even go to court to recover any costs.
We have a right to enter the property to do maintenance or to remove anyone who has damaged the apartment or is causing a nuisance.
We have tried to put the terms and conditions into easy to read English. If we have failed, please ask and we will explain what it means.
These terms and conditions provide a framework for us to do that and ensure that both the customer and the owners are given a clear understanding of what we offer and how we try to do things.
The Terms and Conditions in Full
Terms and Conditions
We have tried to put the terms and conditions into easy to read English. If we have failed, please ask and we will explain what they mean.
The terms and conditions provide a framework to ensure that both the customer and the owners are given a clear understanding of what is offered and how we try to do things.
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.
Definitions
Governing Law
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" £100 of the cost of the holiday;
"Security Deposit" £100 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;
"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;
"Term" means the period from Confirmation of Booking until the end of the Holiday
General
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.
Contract
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.
Finance
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.
Cancellation
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 6 weeks of the holiday date.
Any cancellation made by the Client for whatever reason shall confirmed 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.
Payment
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 where possible .
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.
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.
For bookings made less than ten weeks before the commencement of the rental the total rental fee plus £50 per week is payable on booking. Payment shall be by sterling ( UK pounds) cheque.
All payments shall be made to Lesley Hallworth at the address at the bottom of the Booking Form.
Payment for the holiday must be received not less than 6 weeks from the date of the holiday. We reserve the right to cancel any booking and retain the deposit in the event that full payment has not been received within six weeks of the holiday start date.
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.
Security Deposit.
A £100 per week deposit shall act as a security bond. On completion of the holiday the flat will be serviced. We reserve the right to pay for any damages or extra cleaning required 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 is returned.
Cancellation insurance
Cancellation Insurance is not compulsory but could be used to protect against the cancellation penalty.
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.
Safety
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 there is a 2nd. floor balcony over-looking a pavement. This is accessed via doors with a normal lock. 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 those booking the holiday. Access to accommodation is sometimes 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 parts beaches that are may be cut off during high tide. Streams run across some beaches and through the villages. 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 should provide a guide to those things you might be unfamiliar with if you don't live by the sea.
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
Owners try to minimise any problems by replacing items on a regular basis. If a problem does arise, call the owner 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 owners do not know about them.