The Owner: The Owner is taken as being Mr P. Alden.
Agent: Any 3rd party appointed by the Owner to carry out any function related to the trading business or the properties.
The Hirer: The Hirer is/are the person(s) named on the Booking Confirmation documents and shall include any member of the Hirer’s party and any third party invited to the cottage (and/or it’s associated land / facilities) by the Hirer. The Hirer agrees that he/she is 18 years or older at the point of booking.
The Cottage: The cottage is taken to be the holiday accommodation referenced on the booking documents and extends to encompass building or part thereof under the control of the Owners.
Hire Charge: The hire charge is accepted as being the published price less any agreed discounts.
Booking: A booking, and hence a contract, shall be entered into by the Hirer and the Owner upon the payment of money in relation to a booking request (however made). All bookings shall be deemed to be made subject to these Conditions of Hire.
2. Purpose of Hire. The Hirer shall be entitled to occupy the property for holiday accommodation purposes only and this agreement shall not confer on the Hirer any security of tenure within the terms of the Housing Act 1988 pursuant to which the occupation shall be deemed to be by way of an excluded tenancy. The Owners and / or their agents reserve the right to refuse any booking without explanation.
Booking Fee: The Booking Fee is a payment of £50.00 holds the booking for 7 days, allowing time for the sending and clearance of cheques. All prices are quoted inclusive of the booking fee. In all cases, the Booking Fee is non-refundable and we reserve the right to re-advertise a cottage if the relevant payment is not received within 7 days of booking.
Deposit: For bookings made more than 8 weeks prior to the booking start date, a deposit of 50% of the Hire Charge (minus the booking fee) is payable within 7 days of booking, the balance being payable not less than 8 weeks before commencement of the holiday. Alternatively, the Hirer may pay the full amount upon booking.
Balance / Full Hire Charge: For bookings made 8 weeks or less prior to the start date, the FULL AMOUNT is payable on booking. Balance payments fall due 8 weeks prior to the booking start date.
Once a Confirmation of Booking has been issued, and this may be construed as the payment of the booking fee (whether or not paperwork has been issued) the Hirer is responsible for paying the total agreed hire price of the property (as shown on the Confirmation of Booking) including any extra costs (i.e. pet charges, etc) as advised on the Confirmation.
Credit / Debit Card numbers – if the Hirer pays by Credit / Debit Card, the Owners reserve the right to record the Hirer’s card number and make further charges (as described in this document) to the Hirer’s account in the event of a breach of these conditions. This does not affect your statutory rights.
4. Damage/Cleaning Deposit. A Damage/Cleaning Deposit will be required for all bookings. It may be paid by cheque at the start of the holiday and will be refunded at the end of the holiday subject to these Terms and Conditions being met. Should any damage occur during the Hirer’s period of stay or the cottage be left unclean or untidy, the cost of rectification/repair/replacement shall be taken from the damage deposit and the remainder, if any, refunded after rectification/repair/replacement is completed. If the damage deposit does not cover these costs, the Hirer shall be liable any extra costs.
5. Cancellations. In all cases, cancellations must be made in writing by posted letter, fax or email. The Owners will not be responsible for non-receipt of any cancellation, however sent. If confirmation of receipt is not forthcoming within 7 days, please contact the Owners to ascertain receipt.
If the Hirer cancels the booking, for whatever reason, the Hirer shall not be entitled to a refund of any monies paid. Furthermore, any balance and any extra monies (i.e. pet charges) that the Hirer is due to pay remain due in accordance with these Terms and Conditions. Any such monies will be debited from any credit or debit card details that the Owners hold or will be sought via other means and according to the payment schedule detailed on any booking documents. Once the Owners accept a cancellation, the Owners will use their best efforts to re-let the property in order to minimise losses. If successful in re-letting the cancelled period, the Owners will refund monies paid, less the booking fee and an additional £25 administration fee, and less any shortfall that may have been suffered owing to last minute booking reductions or only being able to re-let a portion of the cancelled booking period.
If the Owners should be forced to cancel a booking for any reason (either before or during the booking), the Hirer will receive a full refund of all monies paid, unless such cancellation is due to a breach by the Hirer of these Terms and Conditions, in which case no refund shall be due. This shall be the Owners’ only responsibility to the Hirer
6.Booking Alteration. Alterations to bookings may be possible and are subject to availability. Should the Hirer need to alter the holiday booking dates, in the first instance the Hirer should telephone or email the Owners or their Agent with a request to check availability. If the alteration is like for like (one week for another week), an administration fee of £25 will be charged. If the alteration is an extension of the original booking, i.e. encompassing the existing booking, no administration charge will be levied. If the alteration is a reduction of the booking period, it will be treated as a cancellation and will be covered by clause 5 above. In all cases, the hire charge for the period in question will be applied. No change will come into effect until the Owners or their Agent have received written confirmation and cleared funds.
7.Right of Entry. The Owners and/or their Agent reserve the right to enter the property at any reasonable time, with or without notice during the Hirer’s period of stay.
8. Nuisance. The Hirer shall not cause a nuisance of any kind to the property or to its neighbours. The Owners reserve the right to terminate the booking and to eject the Hirers should this clause be breached. In such cases, no refund shall be due.
9. Pests. The Owners or their Agents will be not be held liable for any sudden invasion of pests but will take every reasonable measure to prevent such an occurrence and deal with any such issue promptly.
10. Damages & Breakages. All damage, breakage or equipment failure to the property or its contents must be reported to the Owners or Agent/keyholder/caretaker as soon as possible. The Owners or their Agents will repair the damage as soon as practicable; however there is no guarantee that this will be within the period of hire.
Damage or breakage caused by the act or omission of the Hirer or persons attending the property at the Hirer’s invitation must be repaired or replaced by the Hirer at the Hirer’s expense within 7 days of the cost of repair or replacement being determined and notified to the Hirer. The Cost of repair or replacement shall generally be determined within 14 days of notification. Any repair or replacement shall be to the original standard. Should the damage result in another booking being cancelled, the Hirer will be held liable for all consequential losses to the owner. All breakages are chargeable.
11. Appliance Breakdown. In the event of a breakdown, the Owners will do everything possible to ensure the swift repair / replacement of any appliance provided at the property. However, the Hirer must accept that it may be impossible to deal with every eventuality during the course of the booking period. Where a breakdown is determined to be a direct result of misuse, the Hirer will be required to cover the full cost of repair or replacement.
12. Left Items. The Hirer will be notified of any of the Hirer’s possessions that have been left in the property after it has been vacated. Notice will be made in writing by post or email, generally within 14 days after the end of the booking period. The cost of returning any item must be met by the Hirer and the Owners will also levy a charge of £5.00 to cover handling costs. If the Hirer does not wish for the item to be returned, the Owners will dispose of it as necessary but reserve the right to levy a charge for any items which are hazardous or difficult to dispose of. Any item to be returned will be suitably packed but the Owners accept no responsibility for loss or damage in transit.
13. Linen and towels are cleaned & changed between bookings. No linen is provided for cots. Should there be any spillage, damage or marks to any linen or towels, the hirer must make all reasonable attempts to remove them and notify the Owners. Any such issues will be classed as damage (see clause 10). Towels are supplied but are strictly for use within the property and must not be removed. The Hirer must supply their own towels for beach or other uses.
14. Liability. Neither the Owners or their Agents shall accept liability for any loss, damage, sickness or injury to the Hirer or any member of the Hirer’s party, or invited person or any vehicle and/or its contents, or any possession of the Hirer or any member of the party, howsoever caused, which may be sustained during the booking period.
15. Maximum Occupancy. The maximum adult sleeping capacity of the cottage is denoted by the number and size of full size beds and must not be exceeded without prior written agreement. If this condition is not observed, the Owners reserve the right to refuse admittance or require that the Hirer vacate the property. In this eventuality, no refund of monies will be due.
16. Security. The Hirer is responsible for the security of the property for the duration of the booking period and also immediately after vacation, until such time as the Owners and/or their Agents re-enter the property. The Hirer is expected to take all reasonable care of it. This includes ensuring that the property is fully secured when leaving it. No windows should be left open and all locks must be secure. Should the hirer sustain a loss from the property during the period of hire, compensation must be sought from the Hirer’s own insurers. Furthermore, the Owners may seek compensation from the Hirer if the cottage is found to be inadequately secured.
17. Cleaning. All equipment, utensils etc. must be left clean, and the property must be left clean and tidy at the end of the hire period. General cleaning materials, (no hazardous chemicals) will be found within the property for this purpose. The Owners reserve the right to charge for excess cleaning at the rate of £25.00 per hour.
18.Consumables. Any equipment, fixtures, fittings, cleaning materials, etc are the property of the Owners and must not be removed from the property. Consumables will be surveyed prior to the start of all holidays to ensure there are sufficient quantities to cover the initial handover of the cottage. Should these run out, it is the Hirer’s responsibility to replace them.
19.Chemicals. Basic cleaning chemicals will be left in the property for the benefit of the Hirer – we may provide hazardous chemicals (including bleach). It is the Hirer’s responsibility to ensure the safe storage of these, particularly in the presence of children.
20.Complaints Procedure. If the Hirer is not entirely satisfied with the accommodation offered, they must contact the Owners or the Owners’ Agent or representative immediately, and every effort will be made to resolve the problem. If the situation cannot be resolved to the satisfaction of both parties, the Owners will attend as soon as possible to inspect the property. DO NOT VACATE the property. It is harder to justify the complaint once the Hirer has returned home or sought alternative accommodation. If the Hirer still wishes to pursue a complaint the Hirer must put the complaint in writing within 7 days of leaving the property.
21.Pets are the responsibility of the Hirer and must be kept under strict control at all times. The Hirer must remove all trace of pet occupation from inside and outside the property. Pets are not permitted on any furniture or upstairs and should not be left unattended in the holiday property at any time. The Hirer remains liable for all damage or extra cleaning caused by the pet. In some instances, an additional refundable deposit may be requested. If any damage has been caused this will be used to make good the damage and the balance (if any) will be refunded; but this is without prejudice to any further claim from the Owners.
22. Variation to descriptions. Every care has been taken to ensure the accuracy of property details on the Owners’ literature, advertising, web sites, etc. However, changes to details may be necessary from time to time and the Owners reserve the right to make any changes without notice. Where changes are fundamental to a booking, notification will be made in writing by post or email.
23. Arrival and departure. Generally, arrival times should be no earlier than 4:00pm on the start day. Departure must be no later than 10am at the end of the booking period. The Owners are often able to arrange arrival times that better suit both parties. Hirer’s must accept that arrival may be delayed if an outgoing hirer has failed to leave a cottage in an acceptably tidy state.
24. Insurance. The Hirer is strongly advised to arrange their own insurance to give protection in the event that the Hirer is unable, for any reason, to take up the holiday accommodation at the agreed time or to cover personal loss or damage sustained during the holiday.
25. Non-Smoking. Hunnypot Cottage is strictly non-smoking. Any breach of this rule will result in the termination of the Hirer’s booking and a request to vacate immediately. All monies paid will be forfeited. Smoking is permitted in the outside areas of the cottage; however the Hirer must ensure that all evidence of smoking in the outside areas is removed prior to departure.
26. Decorations / candles / fireworks etc. The hirer may not attach any decorations to the property in any way whatsoever. The burning of candles is strictly forbidden. Fireworks may not be used within the boundaries of the property.
27. Legal. This Agreement (and any disputes, claims or proceedings of whatsoever nature arising) shall be governed by and shall be construed in accordance with the laws of England. The Hirer hereby consents to the exclusive jurisdiction of the English courts in all disputes. This agreement supersedes all previous agreements and forms the entire agreement between the parties. No variation to this agreement shall be effective unless in writing and signed by the Owners or an authorised representative. This agreement shall be personal to the parties to this agreement and no party may assign or transfer any right or obligations under the agreement without the express written consent of both parties. This agreement may be executed in one or more parts, each of which are deemed to be an original document but all the parts together shall constitute one and the same agreement. A facsimile or other copy of this agreement shall have the full force and effect of the original agreement. Should any provision or any part of any provision in this agreement be held to be unenforceable, void or contrary to any law, this shall be severed from the agreement and the remaining provisions of this agreement shall remain in full force and effect. To the extent that The Owner are hindered or prevented by circumstances not reasonably foreseeable or not within their reasonable control from performing any of its obligations then it shall be relieved from any liability for its failure to perform these obligations.