Terms and Conditions (also available as a PDF on request for easier reference)
Terms and Conditions (also available as a PDF on request for easier reference) PLEASE READ THESE TERMS AND CONDITIONS CARFEULLY, THEY FORM A PART OF A LEGALLY BINDING CONTRACT BETWEEN THLC LTD (referred to as "us" or "we") AND THE RESERVEE, AND ALL MEMBERS OF THE HOLIDAY PARTY (referred to as "you" “your” “the holiday party” “the party leader”). FOR THE PURPOSES OF THIS CONTRACT, ACCEPTANCE OF THESE TERMS WILL BE CONSIDERED TO HAVE BEEN GIVEN UPON RESERVATION. AND THE CONTRACT WILL BE EFFECTIVE FOLLOWING WRITTEN CONFIRMATION PROVDED TO YOU, BY US, OF YOUR BOOKING. THE CONTRACT WILL BE EFFECTIVE BETWEEN BOTH PARTIES UNTIL THE CONTRACT IS CONCLUDED, EITHER THROUGH PERFORMANCE OR TERMINATION, BY EITHER OR BOTH PARTIES. ALL BOOKING CONDITIONS CONTAINED HEREIN MUST BE COMPLIED WITH. NON-COMPLIANCE WILL LEAD TO BREACH OF THIS CONTRACT. IN THE EVENT OF A BREACH, WE RETAIN THE RIGHT TO TERMINATE THE BOOKING FORTHWITH IN THE EVENT OF WHICH ALL MONEYS PAID BY YOU WILL BE FORFEITED AND YOU MAY BE REQUIRED TO VACATE THE PROPERTY. THE LAW OF ENGLAND AND WALES WILL GOVERN THE CONTRACT. 1. General: In the event of any conflict between these booking conditions and any other contents of any brochure or website, these conditions shall prevail. 1.1 Words herein denoting the masculine gender shall, where the context so admits be taken to include the feminine and neutral genders and vice versa. 1.2 Words herein denoting the singular shall, where the context so admits be taken to include the plural and vice versa. 2. Ferry Road, Southbourne, Bournemouth: The contract between you and us, for the short-term holiday rental of Ferry Road, will be in effect after the deposit is received, it is not effective until this point. The party leader must be at least 18 years of age at the time of the booking and the booking form must list names, addresses and ages of the holiday party. 3. Arrival: You should not arrive before 3pm on the commencement date and should leave before 10am on the day of departure. Failure to do so may result in you being charged a further day's rental at our sole discretion 4. Purpose and Duration of Stay: You must not use the property except for the purpose of a holiday during the holiday period or for a period longer than that agreed between you and us and as specified in your booking information. The agreement to stay in the property for the holiday period, does not create the relationship of Landlord and Tennant between the parties. You shall not be entitled to a new tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or at the end of the Holiday Period. 5. Occupancy and Booking Agreement: By making this booking you confirm that you are authorised to sign the booking form on behalf of all persons who will occupy the property and that those persons are aware of the booking conditions. You shall be a member of the holiday party occupying the property and are required to ensure that: 5.1 That the full name and age of each member of the holiday party is listed on the booking form 5.2 ALL members of the holiday party have read and must comply with all rules and regulations contained herein in respect of the use and occupation of the Property. 5.3 The number of persons within the party shall not exceed the maximum number of persons permitted to occupy the property. 5.4 Any persons other than members of your party must not use the property or its facilities unless prior written consent has been obtained from us 5.5 We reserve the right to refuse admittance or repossess the property at any time where damage or nuisance have been caused by you or any member of your party. 5.6 In such circumstances, no refund will be given to you or your party. 5.7 Possible further charges may apply in the event of damage to the facilities which we deem at our sole discretion to have been caused by excess usage 6. Care of the Property: During your stay, you are responsible for the property and as such You must: 6.1 Take reasonable care of all furniture, pictures, fittings and effects, in or on the property, by leaving them in the same state of repair and condition at the end of the rental period as noted by us prior to your arrival. 6.2 Keep noise to a minimum between the hours of 11pm and 7am. You must not: 6.3 Smoke inside or in the outside communal areas of the property. 6.4 Use the properties for any dangerous, offensive, noxious, noisy, immoral or illegal activities. 6.5 Carry on there any act that may be a nuisance or annoyance to the owner or occupants of other neighbouring properties. 6.6 Behave in such a manner to prejudice the reputation of the owner of the property. 7. Use of equipment: By making your booking you agree that the use of all equipment provided at our property is at your (or any third party residing in the property during the period of your reservation) risk in all respects. 7.1 Only use the wood burner if you fully understand how to do so safely. Make sure the fire is extinguished before going to bed or leaving the property. To maintain the efficient operation of the wood burner and flue pipe, please only use the seasoned wood provided by us, do not burn any other materials. Never leave the fire unattended 7.2 Turn off all electrical appliances before going to bed and close all doors 7.3 Your holiday or that of any third party residing or making use of the property during the period of your reservation in breach of this clause may be terminated immediately and without Compensation or any further obligation. 7.4 Any damage to facilities arising out of misuse or as a result of negligence and/or failure to follow the instructions herein will be chargeable to you. 8. Pets: Where your stay is to be undertaken with an accompanying well behaved pet, as agreed with us prior to booking, we require that you read and sign the following booking conditions. By signing, you agree: 8.1 Not to allow any pet upstairs 8.2 Never to leave any pet unattended in the property or garden 8.3 To keep your dog on a lead when outside 8.4 Not to allow any pet on ANY furniture. 8.5 To bring all pet bedding required and towels for drying the pet. 8.6 To ensure that any pet is clean and dry before allowing inside the property 8.7 To ensure that pets behave in such a manner as not to disrupt the enjoyment of other people staying in the vicinity or prejudice the reputation of the owner of the property 8.8 To promptly pick up all dog mess from the garden and to not allow your dog to foul the property or surrounding area 9. Damages and Damage Deposit: Bookings of our property require a damage deposit of £250.00. You will be required to make this payment by either bank transfer, PayPal or credit card before your arrival at our property. This amount is fully refundable within 5 days of your departure, providing the property is left clean and tidy. For the purposes of this contract ‘clean and tidy’ will be understood to mean that: • There have been no breakages, leakages caused or extra cleaning required; • That no extra people have been found to have stayed at the property • Clause 3-8 have been abided by fully. • There has been no other breach of house rules which we deem at our sole discretion to be worthy of a penalty or which otherwise results in additional costs in readying the property for subsequent guests If, you or anyone staying at the property during your reservation period causes damage, mess that incurs professional cleaning service costs to correct or leaves the property without settling invoices for additional services or supplies received during your reservation period you will be notified in writing of the details of any extra costs incurred within 5 days after the end of the reservation period. This amount shall be deducted from the Damage Deposit. Or where the amount exceeds the damage deposit, all costs will be borne by you and all members of your party and additional payment will be required. 10. Booking Procedure: Whilst we are prepared to consider reservation requests of the property. confirmation of a reservation shall not render us liable for unavailability of the property for occupation for the period reserved. 11. Booking Form: All applications to book holidays in the property must be submitted by you to us using our standard on-line booking form for the time being in force ("Booking Form"). The Booking Form must be fully completed by you and must be accompanied by payment of the booking deposit. The amount of the booking deposit shall be as follows: 11.1 If the booking deposit is submitted 30 days or more before the commencement of the requested holiday letting period: 50% of the full amount is payable in respect of the letting; or; 11.2 If the booking form is submitted less than or equal to 30 days before the commencement of the requested holiday period: the full amount is payable in respect of the whole of the letting period. 11.3 If we decline an application, the full amount of the booking deposit will be refunded to you. 11.4 If an application is accepted, the booking deposit will be retained by us and treated as a payment towards the amount payable in respect of the letting. 12. Acceptance of an Application: The contract between us and you for the letting of the property shall arise upon us giving written confirmation of acceptance of your application (which at our discretion may be dispatched by pre-paid post or electronically to any email address provided by you in the booking form) or upon us having obtained clear funds in respect of the application fee whichever is the later. 13. Payment: The full amount of the payment for the fee for the holiday letting (less the amount to which clause 4) shall be paid on the "due date" namely: 13.1 In a booking in which clause 11.1 applies, not later than 4 weeks before the commencement of the letting; or 13.2 In a booking to which 11.2 applies, VAT is not payable in the rental charge of the property 14. Failure to pay: Non-payment of the sum payable under clauses 11 by the due date may be treated as a cancellation of your booking and we will be entitled to re-let the property without reference to the client. 15. Cancellation: All customers are advised to take out personal holiday cancellation insurance. Any request to cancel a booking must be made in writing to us. The following refund policy applies: 15.1 Refund of deposit: Guests will receive a full refund of their deposit where cancellation of a booking is received within 48 hours of your booking if that cancellation provides at least 30 full days’ notice prior to your booking’s local check-in time No refund is possible • if your cancellation is received 48 hours or more following the time of your booking; • if your cancellation provides less than 30 full days’ notice prior to local check-in time; or • where your booking is based on a special offer that does not allow cancellation. 15.2 Refunds following final payment: • Once final payment is received by us, you may be entitled to a 50% refund of the total amount due where a subsequent cancellation is received at least 7 full days prior to your booking’s local check-in time. This will be awarded at our discretion. • Cancellations less than 7 days prior to bookings local check in time will not be allowed. 16. Booking Alterations 16.1 Alterations made by you: We will consider any request to change dates after confirmation has been issued. We reserve the right to charge an administration fee of £50 in the event a change of booking is made. 16.2 Alterations made by us: We reserve the right to amend the price quoted in a brochure or rates sheet due to errors or omissions or changes in the VAT rate. • We will contact you as soon as we become aware of an increase in charges. • If you do not wish to pay the increase you shall be entitled to cancel the reservation and receive a full refund for all monies paid in respect of the reservation providing notice of cancellation is given in accordance with clause 11 and within 7 days of you receiving notice of the amendment to the price to be charged from us. 17. Force Majeure: In these terms and conditions "Force Majeure" means any circumstances beyond our reasonable control including, but without limitation to, an Act of God, Fire, Flood, Pandemic, War or Acts of Terrorism. If due to Force Majeure the property is not available or is unsuitable for your use, at the commencement of the time booked by you we shall: • Issue a full refund of all charges, fees and deposits paid in advance by you We shall not: • Be deemed to be in breach of contract. • Be liable for any other claim for loss or damage by you. 18. Liability: This condition sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to you in respect of any breach of this agreement; any use made by you or any third party residing or making use of the property during your period of reservation and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement. 18.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. 18.2 Nothing in this agreement limits or excludes the liability of us for death or personal injury resulting from negligence or liability incurred by you as a result of fraud or fraudulent misrepresentation by us. 18.3 We shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal property or possessions; loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation. 18.4 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this agreement shall be limited to the monies paid in respect of your reservation under the conditions of this agreement. 18.5 Any vehicle of yours making use of the property during the period of your reservation is left at the property entirely at the risk of the owner of the vehicle. 19. Privacy: Please see our data privacy policy on our website. 20. Website Disclaimer: Please be note that it is possible to catch computer viruses by accessing a web page or by downloading or running an infected program. Whilst we have taken steps to ensure that the pages on our web site are free from infection, such is the nature of the Internet that no assurance can be given that the pages of this web site are indeed free from infection. It is a condition of us allowing you free access that we will not be liable for any loss or damage suffered by any person accessing this web site or any third party resulting directly from the transmission of a computer virus resulting from the accessing of our web site. Please note that the information available on our web site may be incomplete, out of date or incorrect. It is therefore essential that you verify all such information with us before taking any action in reliance upon it. It is a condition of us allowing you free access to the material on our web site that you accept that we will not be liable for any action you take in reliance on the information on this web site. The contents of the pages on our web site are our copyright. The copying or incorporation into any other work or part or all of the material available on our web site in any form is prohibited save that you may: download extracts of the material on the site for your personal use; or: copy the material on the site for the purpose of sending to individual third parties for their personal information provided that you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
