Booking Terms & Conditions
THIS AGREEMENT is made from the date of commencement of the booking until agreed departure time and date.
PARTIES
1 Property Owner
2 Guest Name (Licensee)
THE PARTIES AGREE:
1 Definitions and interpretation
1.1 Definitions
In this Agreement:
- Commencement Date means the Check-In Date;
- Cottage, House, Apartment or Property means the Owner’s property;
- Departure Date means Check-Out Date;
- Deposit means a Good Housekeeping Deposit amount as detailed in the property listing.
- Deposit Waiver means a non-refundable amount as detailed in the property listing.
- Holiday Period means the period from 16:00 on the Commencement Date until 10:00 hours on the Departure Date.
- Insurance Policy means the Owner’s insurance policy on the Cottage.
- Licence means the licence to occupy conferred by this Agreement; and
- Licence Fee means the amount paid for the Holiday Period
- Owners Agent means Westmorland Properties Ltd T/A Fernwood Cottages
- Licensee means the lead guest who made the property reservation.
1.2 Interpretation
1.2.1 Where the Owner or the Licensee consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under this Agreement and not just a proportionate part).
1.2.2 Words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa and words that indicate persons shall be interpreted as extending to a corporate body or a partnership and vice versa.
1.2.3 The clause headings do not form part of this Agreement and shall be ignored in its interpretation.
2 Nature of the agreement
2.1 The Licence is granted by the Owner to the Licensee for the purpose of a holiday and is not intended to create the relationship of landlord and tenant between the parties.
2.2 The Licensee shall not be entitled to a tenancy or to an assured shorthold or assured tenancy or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when this Licence ends.
3 Licence to occupy
The Owner permits the Licensee to occupy the Cottage for the Holiday Period in return for the Licence Fee, payment of which is required in advance and to use the furnishings, kitchen equipment, AV equipment, crockery, glasses, bedding and towels in the property.
4 Payment
4.1 The Licensee must pay the Licence Fee and the Deposit or Deposit Waiver prior to arrival.
4.2 The Licensee must have vacated the Cottage, with all the Licensee’s group effects, by the end of the Holiday Period (that is to say 10:00 hours on the Departure Date), unless altered by prior agreement. Failure to do so will result in the Licensee being charged £50 for up to an hour’s delay in departure and a further day’s licence fee if longer than this.
4.3 The Licensee must pay either a returnable Good Housekeeping Deposit at the execution of this Agreement OR a Deposit Waiver which is non-refundable.
4.4 The Deposit may be held by the Owner’s agent to be applied against any itemised deductions for loss or delayed return of keys or parking permit (where applicable), late checkout, early check-in, damage or breakages or additional cleaning of furniture, flooring, kitchen equipment, crockery, glasses, bedding and towels over and above what is reasonably expected (as referenced in the check out instructions) attributed to the Licensee during the Holiday Period by the Licensee or the Licensee’s group. The balance of the Deposit will be returned to the Licensee within 14 days of the Departure Date.
4.5 As an alternative to the Deposit, the Licensee may opt to pay a non-refundable Deposit Waiver. This waiver covers the Licensee for accidental damage or extra costs resulting from their stay up to a maximum value of £400. The Licensee acknowledges that this waiver does not cover damage resulting from negligence, wilful acts, or any costs exceeding £400. In the event of damage or extra costs exceeding £400, the Licensee will be liable for the additional amount.
5 Keys
The Owner’s agent will provide access details to a keysafe to the Licensee where one set of keys to the Cottage will be provided. The code will be sent to the Licensee not more than 30 minutes before the Commencement Date and the Licensee must return them to the same keysafe on the Departure Date. If the Licensee loses a key the Owners Agent will replace it upon the Licensee paying the fee of £100 of having replacements delivered to the keysafe. If the Licensee locks themselves out of the cottage a call out fee of £50 will be charged.
6 Licensee’s obligations
The Licensee must:
6.1 keep the Cottage and the furnishings, kitchen equipment, crockery and glasses clean and in good condition and the bedding and towels in good condition and be responsible for repairing any damage;
6.2 not cause any damage to the walls, doors or windows of the Cottage;
6.3 not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises;
6.4 not do or permit any act that would invalidate or increase the premium payable under the Insurance Policy;
6.5 comply with the house rules and requirements laid out in The Schedule;
6.6 restrict the group size occupying the property to the number of guests, as stated during the booking process; and
6.7 respect ‘Quiet Hours’ which are from 22:00 to 07:00 where no music is played and all audio is kept at a minimum level out of respect for the surrounding residents.
7 Use
This Licence is personal to the Licensee. The Licensee must not use the Cottage except for the purpose of a holiday by the Licensee and the Licensee’s family/friends during the Holiday Period and not for any other purpose or longer period.
8 Owner’s obligations
The Owner must:
8.1 allow the Licensee and the Licensee’s family/friends enjoyment and use of the Cottage for the Holiday Period free of interruption except in emergency;
8.2 provide clean bed linen and towels; and
8.3 provide a ‘starter pack’ of soap, lavatory paper, washing-up liquid and cleaning materials.
9 Safety regulations
9.1 The Owner confirms that the furniture and furnishings comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
9.2 The Owner confirms that the electrical appliances and equipment provided by the Owner are safe.
9.3 If there is a gas supply to the Cottage, the Owner confirms compliance with the Gas Safety (Installation and Use) Regulations 1998 and that a copy of the record of the appropriate inspection and safety check is available in the property for the Licensee to inspect.
9.4 The Owner confirms that the Cottage is suitably equipped with smoke alarms (and, where appropriate, with carbon monoxide alarms) that are in proper working order.
10 Early termination
This Licence may be determined before the end of the Holiday Period by the Owner without notice in the event of the Licensee being in material breach of the terms of this Agreement, or if the Cottage becomes uninhabitable by reason of an event covered by the Insurance Policy. In the case of determination otherwise than by reason of the Licensee’s default, the Owner shall return to the Licensee the appropriate proportion of the Licence Fee attributable to the unexpired remainder of the Holiday Period.
11 Notices
Any notice to be served on the Licensee under this Agreement may be given during the Holiday Period by email or through the booking platform messaging service and shall be deemed to have been received upon the expiration of 48 hours after sending.
12 Severance
If any term of this Agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
13 Jurisdiction
The Owner and the Licensee agree that this Agreement shall be exclusively governed by and interpreted in accordance with the laws of England and Wales and to submit to the exclusive jurisdiction of the English Courts.
14 Contracts (Rights of Third Parties) Act 1999
This Agreement shall not operate to confer any rights on any third party and no person other than the parties to it may enforce any provision of this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
The Schedule
1 The Licensee’s car, motorcycle or other vehicle must only be parked in the parking space marked as allotted to go with the Cottage, if one is made available to the Licensee. Any parking permit provided with the property must be left at the end of the Holiday Period. Failure to do so will result in a £100 charge to cover the costs of obtaining a replacement permit and/or paying for parking for subsequent Licencees.
2 Additional electrical apparatus or equipment (such as an Electric Vehicle) may not be connected to the electrical system and the existing apparatus may only be used at the density of one item to each outlet plug. The Licensee must not extend the electric wiring or cause overloading to the electrical system.
3 The Licensee must not bring a pet to the Cottage unless this is expressly permitted within the property listing and if doing so the Licensee is liable for any pet fees payable and must not exceed the stated maximum number of pets.
4 Strictly no smoking or vaping is allowed in or around the Cottage, House, Apartment or Flat.