TERMS AND CONDITIONS
Terms and Conditions of Hire
Broad Oak Cottage, Stow on the Wold.
The contract of hire shall be between the Holidaymaker and the Owner and is subject to the following terms and conditions.
When booking, the security bond of £100 is payable, plus part or full payment of the rental. If booking is within 10 weeks of commencement of the stay, full payment is required when booking. For all bookings of less than 7 nights full payment is due on booking. The Owner reserves the right to refuse a hire booking. If a booking is accepted, the Holidaymaker becomes liable for the balance of rent for the full period of the holiday, which must be paid ten weeks prior to the start of the holiday. Non payment of the balance monies, when they become due, will constitute cancellation of the holiday and forfeiture of the part payment. Final details of the Property and key holder information will be forwarded about one week before stay commences. Payment should be made by bank transfer wherever possible. It may be possible to pay by cheque, but the booking will not be confirmed until the cheque has been cleared.
Cancellation of the booking must be made in writing by the Holidaymaker. The effective date of the cancellation will be the date it is received by the Owner. If the cancellation date is more than ten weeks prior to commencement of the holiday, only the part payment of the rental already paid will be forfeited. The £100 security bond will be paid in full. If the cancellation date is less than tenweeks prior to commencement of the holiday, the full rental charge will be incurred. However, if the Owner is able to relet the Property for the whole of the rental period all monies paid will be returned to the Holidaymaker. In the unlikely event that the Owner cancels a confirmed booking, all monies received will be returned and there will be no further liability to or by the Owner. The Holidaymaker is advised to take out their own holiday cancellation insurance cover. An additional Security Bond of £100 is payable at the time of booking. A charge will be made if the condition of the property is unsatisfactory. It may be possible to use all or part of this bond to to pay for repairs and/or damaged items, or for additional cleaning if the property is excessively dirty or untidy on the day of departure.
The period of hire shall be from 3.30pm on the day of arrival and the Property must be vacated by 10.30 am on the day of departure, unless otherwise stated or agreed in writing. If the Holidaymaker is unable to arrive at the Property by midday on the day following the hire start date the Holidaymaker must advise the Owner of the intended late arrival. Failure to arrive by midday on the day following the hire start date and failure in those circumstances to advise the Owner constitutes cancellation by the Holidaymaker.
In no circumstances may the number of people occupying the Property exceed the number stated in the booking form (maximum of four adults). Only people specifically named on the booking form are permitted to occupy the property. The Owner reserves the right to refuse entry or terminate the hire without notice if these conditions are not observed, or refuse to hand over the Property to any person who, in the Owners reasonable opinion, is not suitable to take charge. Rents will not be refunded. In such cases all liability of the Owner shall cease.
The booking is made on the understanding that the Property is available to the Holidaymaker on the dates stated. If for any reason beyond the Owner’s control (e.g. fire, storm damage, illness) the Property is not available on the date booked then all monies paid by the Holidaymaker shall be returned in full. The Owner shall not be liable for any loss, expense, inconvenience or otherwise resulting in such unavailability or unsuitability and the Holidaymaker shall have no claim against
Submission of a signed or electronically submitted booking form with the part payment or full amount paid, will be deemed to be an acceptance of these conditions and a confirmation of the details set out on the booking form. The person who signs the booking form warrants that he/she is authorised to agree to these terms and conditions and is acting on behalf of all persons including those substituted or who join the party at a later date. The person who signs the booking form is responsible for ensuring that all persons occupying the Property comply with the terms and conditions and in all respects. The Property occupied is strictly on the basis that the accommodation is for holiday use only and that no right to remain in the Property after the end of the holiday period booked exists for the Holidaymaker or for any person or persons who occupy the Property. All persons will vacate the Property at the conclusion of the period of the holiday.
The hired Property shall be used solely for holiday purposes and the Holidaymaker shall not sublet the Property, or any part of the Property, or any equipment from the Property.
Smoking is not permitted inside the Property or in the garden. No pets are permitted at the property, and unless specifically agreed with the owners no children under 14 years of age are allowed.
The Holidaymaker shall at all times maintain the Property and its contents in a clean and tidy condition and accept the Property as it is equipped at the commencement of hire. The Holidaymaker must check the Property and its contents immediately on arrival and notify the Owner or his representative immediately of any faults or damaged items. The Holidaymaker is expected to leave the holiday accommodation in the same state of cleanliness, general repair and the order in which it was found. An additional charge may be made if extra cleaning is required. The Holidaymaker shall be liable to the Owner for any loss, costs, expenses or claims arising from any damage caused to the Property and/or its contents by the deliberate or negligent act or omission of the Holidaymaker or of any person in his/her party. If, as a result of such damage, the Property or any of its contents need to be repaired or any of the contents need to be replaced then the Holidaymaker shall be responsible for paying the reasonable costs of doing so.
If in the unlikely event that the Holidaymaker, for any reason, is not satisfied with the accommodation, the Owner or his representative must be contacted so that the problem can be rectified immediately. Failure by the Holidaymaker to notify any complaint prior to departure will entitle the Owner to refuse to entertain the complaint, irrespective of its merits as it will be appreciated that it will then be impossible for the complaint to be effectively investigated. Under no circumstances will the Owner’s liability exceed the rental paid for the Property.
One set of keys will be made available during your stay. If the keys are lost a fee of £200 is payable to cover the cost of new locks to be fitted and sets of keys which will need to be cut.
No employee or representative of the Owner has any authority or right to modify any of these terms and conditions or to make any representation or undertake any liability on behalf of the Owner.
The Holidaymaker shall allow the Owner, his representative or employees entry to the premises for all reasonable purposes having given notice where possible.
Whilst the Owner has used his best endeavours to ensure accuracy of all information supplied and details of the Property is given in good faith, no warranty is given as to their accuracy and he does not accept responsibility or liability for any loss or damage resulting from information given or statements made whether orally or in writing.
The Owner gives no guarantee or warranty as to the state or condition of the Property and will not be liable for any act, neglect or default on his part or any other person, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the Holidaymaker or any other person may suffer or incur. Although the Owner will use his best endeavours to fix any broken domestic appliances or other equipment/contents as soon as possible, the Holidaymaker acknowledges that due to the limited period of hire, it may not be possible to repair such items during the period of hire.
The clauses of these terms and conditions shall operate on the basis that the terms and conditions and provisions contained within them shall be severable so as to have effect as separate and distinct rights, provisions and obligations independently of the others. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or similar legislation, the unenforceable provision shall not affect the validity of the remaining portion of these terms and conditions, which remain in force as if the unenforceable provision had been eliminated. Nothing contained in these conditions shall exclude the Owner from any responsibility which he has in law in so far as it is competently varied or excluded and these conditions shall be read and construed accordingly.
In these terms and conditions: a. “the Owner” shall mean the owner of the Property;
b. “the Property” shall mean Broad Oak Cottage, Stow on the Wold.
c. “the Holidaymaker” shall mean the person signing the booking form.
English Law shall apply to all contractual obligations arising out of these terms and conditions.
These terms are valid as from 1 January 2015