Booking Conditions for Sandspur
PLEASE READ THESE CONDITIONS CAREFULLY. WHEN YOU MAKE A RESERVATION YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS.
"Owner" means owner of the property being rented; in this case Dr Robert Daniel.
"Applicant" means clients applying to rent property.
"Tenants" means Applicants that have taken up residence in a property.
"Booking" means the Online Booking system specified by the Owner (or by West Country Beach Holidays) to be used by all Applicants.
2. Duration and Times of Lettings:
The Applicant can occupy a reserved property from 1730 hours on the first day of the reservation, and the Applicant must ensure that he/she/they and any third parties who have been in occupation of a property as a result of a reservation leave prior to 0930 hours on the date of departure or as indicated in the Online Booking.
3. Reservation Procedure:
Applicants can provisionally reserve the property over the telephone but no contract shall exist between the Applicant and the Owner until the Booking Conditions have been agreed to and the Owner (or West Country Beach Holidays) has received the relevant payment in accordance with and subject to the provisions of Condition 4 at which time the reservation will be confirmed subject to the Online Booking having been submitted with all required information to the satisfaction of the Owner (or West Country Beach Holidays).
4. Payment Procedure:
For reservations made more than 6 weeks prior to the commencement date, a booking fee of 25% of the total amount due must be made to confirm the Booking. If a reservation is made less than 6 weeks before the commencement date the total amount due together with any additional charges must be tendered at the time of submission of the Booking. In the event that the Owner does not accept an Applicant's reservation all monies paid will be refunded immediately.
The balance of the full amount due in respect of the reservation and any additional charges are due 6 weeks before the commencement date.
Non-payment of any sum by the due date will be deemed to be a cancellation and the Owner (or West Country Beach Holidays) may re-advertise the property for reservations without prior notice to the Applicant. The Applicant shall remain liable for payment of the full amount due in respect of the reservation in accordance with the provisions of Condition 4.
Payments under these Conditions may be made by cheque (not post-dated) or bank transfer. Any charges raised against the Owner (or West Country Beach Holidays) by their bank for handling dishonoured cheques or direct debit payments shall remain a liability of the Applicant and payment of any such charges will be paid by the Applicant.
In agreeing to these Booking Conditions the Applicant acknowledges and accepts that they are entering into a direct contract with the Owner in respect of the letting of the property.
ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.
Any request to cancel a Booking must be made in writing to West Country Beach Holidays. The Applicant shall remain liable for all the payments due in respect of the reservation whether or not they have been paid at the time of cancellation. All 25% booking deposits and payments made within 6 weeks of arrival are non-refundable, but the Owner (or West Country Beach Holidays) will offer the property for reservation and will use reasonable endeavours to obtain a replacement reservation for the property. In the event that a replacement Booking is confirmed and fully paid, a partial refund will be considered at the Owner’s discretion, payable after the original holiday departure date. However we strongly advise that personal holiday cancellation insurance is purchased to ensure that you are covered in the event of having to cancel. All cancellation refunds will be subject to a £35 administration fee.
The Owner (or West Country Beach Holidays) reserves the right to amend the price quoted due to errors or omissions or changes in the VAT rate. In such circumstances the Owner (or West Country Beach Holidays) will contact the Applicant. If the Applicant does not wish to pay the increase the Applicant 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 the provisions of Condition 4 and within 7 days from the Applicant receiving notice of the amendment to the price to be charged from the Owner (or West Country Beach Holidays).
Once a reservation has been confirmed in accordance with the provisions of Condition 3, should the Applicant require amendment to any of the information provided on the Booking, a fee of £35 shall be charged to the Applicant.
Booking alterations: Any change in holiday dates will be subject to the agreement of the Owner and may be subject to an administration charge to meet housekeeping charges. If for any reasons beyond their control the Owner has to cancel or alter arrangements made for the Applicant, the Owner will return to the Applicant any monies paid whereupon the liability of the Owner (and West Country Beach Holidays) will cease.
7. Applicant's Obligations:
The Applicant agrees:
- to pay for any losses or damages to the property or its fixtures, fittings or decor, howsoever caused (reasonable wear and tear excluded during the occupation). For clarification purposes this is not capped at the security deposit;
- to take all reasonable care of the property, and its effects and furnishings and leave it in a clean and tidy condition at the end of the tenancy (extra cleaning can be charged);
- not to smoke at the property;
- not to cook anywhere on the property other than in designated kitchen areas;
- not to bring any pets to the property;
- not to cause nuisance or annoyance to occupants of nearby properties;
- to allow reasonable access to the property by the Owner or caretaker if it is deemed necessary.
The Applicant who signs the booking form is responsible for all persons included on the form and should ensure that they are aware of the Booking Conditions.
The Applicant cannot depart with possession of the property or share it except with members of the party confirmed and named in the Booking.
8. Damages and Security Deposit:
The Owners require a security deposit of £500. You may be required to make this payment either by cash, cheque or bank transfer with the final payment 6 weeks before your arrival at your accommodation. This amount is fully refundable providing the property is vacated before 0930 hours on your departure day, is left clean and tidy with internal and external furniture left where found, all rubbish and recycling removed, washing up put away, soiled dishes placed in the dishwasher and the dishwasher switched on, keys returned to key safe and that there has been no damage, breakages, extra cleaning required or evidence of any dogs in the property or extra guests found to be staying at the property.
9. In the event that the Applicant or anyone staying at the property during the Applicant's reservation period causes damage, or departs without leaving both keys, or incurs a need for professional cleaning services or leaves the property without settling invoices for additional services or supplies received during the Applicant's reservation period, the guest will be notified in writing of the details of any extra costs incurred within 14 working days after the end of the reservation period and this amount shall be deducted from the security deposit, if one has been taken, or payment will be required by the Applicant.
10. Authority to Sign / Miscellaneous:
The Applicant acknowledges that he/she/they are authorised to make the Booking on behalf of all persons who will occupy the property throughout the duration of the reservation and that those persons are aware of the Booking Conditions.
Whilst the Owners and West Country Beach Holidays make every effort to ensure the accuracy of the property descriptions, descriptions are inevitably subjective and are for guidance only. If there are points of particular importance please contact the Owner or West Country Beach Holidays to clarify the information. The Owner and West Country Beach Holidays reserve the right to alter, substitute or withdraw any service, facility or amenity.
The supervision of children, babies and adults requiring care remains the responsibility of the Applicant at all times. The Owner shall not be liable to third parties for loss or damage to persons property howsoever arising during their stay. We advise that the Applicant ensures that they are covered by adequate holiday and travel insurance with cancellation cover for each member of the party.
The property will provide bed linen and towels (1 bath sheet, 1 hand towel) for each guest and is counted into and out of the property by the housekeeper. Beach towels can be provided on request. If there is a discrepancy then any missing or heavily soiled, stained or bleached (take extra care with tanning products and make-up please) items will be charged for.
Applicants staying for 2 weeks can request fresh linen and towels at the end of the first week. There are no cleaning visits included in the letting period but this can be arranged with the housekeeper, subject to availability, whom the Applicant will pay directly. When leaving the property any rubbish and debris is to be placed in the outside bins in sealed refuse bags. Soiled dishes are to be placed in the dishwasher and the dishwasher switched on before departure.
12. The Applicant shall be a member of the party occupying the property and hereby agrees to the following:
- If the majority of the individuals residing in the property during the period of the Applicant's reservation are under 25 years old, or if the party are all of the same gender, the Owner (or West Country Beach Holidays) must be notified in writing when booking.
- There is no rental charge for extra children under the age of 2 although this is restricted to a maximum of two unless arranged directly with the Owner (or West Country Beach Holidays).
- The maximum number of persons permitted to occupy the property and grounds at any time is 8 (9 if the extra campbed has been requested) (excluding under 2s).
- No smoking is permitted within the property.
- Economic use of utilities: we request that all guests consider the environment in their use of utilities (water, electricity, gas etc). All normal usage of daytime and night-time electricity is included (meters are read on arrival and departure); if usage is excessive, we do reserve the right to make a small charge (at cost) for the additional units.
- Applicants must not cause a nuisance or disturbance to neighbouring accommodation or behave in an unreasonable way. The playing of music or making a noise which is clearly audible in a nearby accommodation is not permitted after 2300 hours.
- No subletting of the property, in part or full, is allowed, unless in total agreement with the Owner (or West Country Beach Holidays) at time of booking.
Any breach of these provisions will constitute a breach of contract and the Owner or West Country Beach Holidays may terminate the reservation forthwith in which event all moneys paid by the Applicant will be forfeited and the Applicant and any third party residing in the property during the period of the Applicant's reservation may be required to vacate the property with immediate effect.
The Owner (or West Country Beach Holidays) reserves the right to take possession of the property at any time where damage or nuisance has been caused by the Applicant or any third party residing in the property during the period of the Applicant's reservation. In such an event the Owner (or West Country Beach Holidays) shall not be liable to make any refund of any monies paid by the Applicant whatsoever. If in the opinion of the Owner, the caretaker or West Country Beach Holidays any person is not suitable to continue their occupation of the property because of unreasonable behaviour, damage or nuisance to other parties the contract may be terminated and the Owner (or West Country Beach Holidays) may repossess the property immediately. The Applicant will remain liable for the whole cost of the hire and no refund shall be due.
13. Restricted Mobility Applicants:
Where the access to, layout or other physical feature of a property may be reasonably foreseen to cause individuals with restricted mobility difficulties the Owner or West Country Beach Holidays has endeavoured to ensure that the information provided in respect of the property to the Applicant has made this clear. Applicants are required to inform the Owner in writing on submission of the Booking of the requirements of any third party due to be residing at the property during the Applicant's period of reservation with regard to any restricted mobility issues that may exist.
Please note that neither the Owner or West Country Beach Holidays accept any responsibility for the provision of equipment or any form of care required by any person due to any form of disability or restricted mobility regardless of the cause.
14. The Reservation:
The reservation confers upon the Applicant the right to occupy the property for a holiday within the meaning of Section 9 of the Rent Act 1977.
15. Non-Availability of Property:
If for any reason beyond the control of the Owner the property is not available on the date booked or the property is unfit for purpose, neither the Owner (or West Country Beach Holidays) can accept any responsibility or pay any form of compensation where the circumstances causing the non-availability of the property amount to "force majeure".
Circumstances that will be deemed to amount to "force majeure" include destruction or damage to the property as a result of fire, flood, explosion, storm or other weather damage; break-in or other criminal damage or any other occurrence beyond the reasonable control of the Owner.
All monies paid in advance by the Applicant will be refunded in full but the Applicant shall have no further claim against the Owner or against West Country Beach Holidays.
16. Financial Liability:
This Condition 16 sets out the entire financial liability of the Owner and West Country Beach Holidays (including any liability for the acts or omissions of its employees, consultants and subcontractors) to the Applicant in respect of any breach of this agreement; any use made by the Applicant or any third party residing or making use of the property during the Applicant's period of reservation and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the liability of the Owner for any damage or liability incurred by the Applicant as a result of fraud or fraudulent misrepresentation by the Owner.
Waiver - The failure of the Owner to enforce or exercise at any time or for any period of time, any term of, or any right pursuant to this agreement does not constitute and shall not be construed as a waiver of such terms or right. The Owner reserves the right to terminate a Booking any time that these Conditions are not kept in full.
Neither the Owner or West Country Beach Holidays shall 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.
The Owner's (and West Country Beach Holidays’) 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 the Applicant's reservation under the conditions of this Agreement.
Any vehicle(s) and other items belonging to the Applicant or any third party making use of the property during the period of the Applicant's reservation is left at the property entirely at the risk of the owner of the vehicle/item.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible. It is essential that you contact the caretaker or owner if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence. Any complaints regarding the house or facilities that cannot be resolved by the caretaker or owner, must be reported within 24 hours of taking occupation, in writing with photographs, to firstname.lastname@example.org so that they may be passed to the owner and resolved as and where possible during your stay.
In the event of discrepancy between these Conditions and any other document, these conditions shall prevail.