Conditions Of Hire
Honeysuckle Cottage, Market Place, Castleton. S33 8WQ
In these Conditions of Hire 'the Hirer' means the person or persons whose name or names appear on the Booking Form. 'The Booking Form' shall mean the booking form as set out in our web site 'the Furniture' means the fixtures, fittings, furniture and effects supplied at the premises. 'Occupancy' is of offered only on the understanding that no more than the maximum number of people indicated shall use it.
We reserve the right to refuse or curtail any booking, which appears (via the booking form, or from other information received) not to meet this requirement, either by numbers in the party or composition. We also reserve the right to make any booking subject to deposit being received against. inventory and cleaning, refundable after the holiday, less any damaged or missing items and less any other than normal cleaning being necessary by us.
- These Conditions of Hire and the Booking Form when accepted by us shall constitute a binding contract between the Hirer and the Owner.
- The Hirer takes the Premises and agrees to pay to us the Rent in accordance with the provisions of the Booking Form and these Conditions of Hire otherwise we shall be free to cancel the booking, by giving notice to the Hirer and to retain all monies paid by the Hirer and related to the Premises and to claim all losses and expenses incurred (including the loss of rent commission and otherwise) incurred by us and the Owner, from the Hirer.
- 1. We will release the keys of the Premises to the Hirer (or any one of them provided written consent authority from the remainder of the persons to occupy the Premises is (produced) on payment of the Rent in accordance with the Booking Form.
2. In order that Premises can be thoroughly inspected between lets, holidays usually commence at 3.00 pm on arrival day and terminate at 11.00 am on departure day.
- The Hirer will:
(i) not make any alterations or additions to the Premises the decorations Furniture, nor deface the Premises, and will keep and leave the premises and the Furniture clean and tidy and in the same state of repair and condition as they are in on the day the Hirer takes up occupation, and not remove any of the Furniture from its position in the Premises;
(ii) not do anything on the Premises which may be or tend to be a nuisance annoyance or cause damage to the owners or occupiers of any neighbouring or adjoining property;
(iii) use the Premises for the purpose only of a private holiday residence for the number of persons indicated, we reserve the right to withhold and/or withdraw the keys of the Premises if such number is exceeded. The Hirer will not assign sub let or part with or share possession of the Premises or any part of them under any circumstances whatsoever;
(iv) permit us or our representatives to have Access to the Premises at all reasonable times;
(v) deliver to us all the keys of the Premises on the last of the dates mentioned in the Booking Form. In the event of any failure by the Hirer to do so the Hirer is liable to us for payment on demand of the full cost of any replacement keys and/or locks to the Premises.
(vi) upon us, the Owner or our representatives being called upon by the Hirer to provide entry to the Premises, as a result of the Hirer having left the keys inside the Premises or elsewhere or having lost the keys of the Premises, the Hirer will be required to pay all charges and costs incurred and there will be a minimum charge of £40.00 per call out together with the cost of any replacement keys and/or locks whish the Hirer hereby agrees to pay on demand by us or the Owner.
- If due to circumstances beyond our control we find it necessary to alter or cancel the reservation of the Premises by the Hirer use shall upon becoming aware of the circumstances inform the Hirer of the alteration or cancellation and
(i) endeavour to arrange and offer to the Hirer alternative accommodation of a similar type and standard and in a similar location as that reserved by the Hirer subject to our right to charge the Hirer any difference in price.
(ii) if the alternative accommodation is not available to the Hirer or it is not reasonably practical for us to arrange alternative accommodation or if the Hirer states in writing that the alternative accommodation offered by us is unacceptable to him within 10 days of off offering such accommodation, we shall refund in full all monies paid to the Hirer and shall not be under any further liability to the Hirer.
- Notice of cancellation must be given by the Hirer to us in writing by recorded delivery post.
- It is agreed by us and the Hirer:
(i) That the Premises are to be occupied by the Hirer for a holiday home as mentioned in the Housing Act 1988 Schedule I Paragraph 9 and the Hirer acknowledges that the tenancy granted by this Agreement is not an Assured Tenancy and that no statutory periodic tenancy will arise on the determination of the Term.
(ii) We will incur no personal liability for any error or mis-description in the particulars of the Premises as set out in our web site which to the best of our knowledge information and belief was correct at the time it was uploaded.
- Whilst every effort is made to ensure the accuracy of the information given either orally or written and all representations are made in good faith, no such representations will create any liability on our part.
- Price Changes. We reserve the right to amend prices quoted in the web site due to errors or omissions, or changes in the VAT rate.
10. Descriptions. Some of the information in our descriptions details factors outside the Premises such as shops, public houses, churches, public transport etc. Closure of such premises and other changes due to external facilities are outside our control and therefore these details cannot be relied upon absolutely.
11. Changing a Booking. Once a booking has been accepted by us the booking can be considered to be changed to another date providing the new dates have not been previously been pre booked or reserved. In that event a small administration charge may be levied.
12. If any clause contained in these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other clauses and the remainder of the clause shall not be affected.
13. Except in respect of death or personal injury caused by our negligence or our representatives, we shall not be liable to the Hirer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract between us, for any indirect, special or consequential loss or damage, loss of profit, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees or agents or otherwise) which arise out of or in connection with the supply of the Services and our entire liability under or in connection with the contract between us shall not exceed the price of the Services.
13.1 We shall not be liable to the Hirer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control.
The laws of England shall govern the contract made between us, and the Hirer agrees to submit to the exclusive jurisdiction of the English courts.
Where the Services are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements Order 1976) the statutory rights of the consumer are not affected by these terms.
16. Third Party Rights
The Contracts (Third Party Rights) Act 1999 shall apply to the terms of this agreement and the Hirers obligations to us.
No waiver by us of any breach by the Hirer of any provision shall be deemed to be a waiver of any subsequent breach of that provision or any breach of any other provision.
Download the Energy Performance Certificate for Honeysuckle Cottage.