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The agreement shall be between HJM Shaw (hereinafter call the Owner) and
the party named in the booking form that is responsible to pay the rent in full
(hereinafter called the Hirer) on the following Terms and Conditions. 1. The Hirer warrants that the holiday
accommodation named in the booking information (76 Newtown, Sidmouth) is to be
used for the purposes of a holiday and so accepts that the letting is a
“holiday” let, namely “a tenancy the purpose of which is to confer on the
holidaymaker the right to occupy the subjects for a holiday only” as governed
by English Law. 2.
Party
Booking - The Hirer is named as head of the party and will be
responsible for all members of the party and will ensure that they are fully
aware of and comply with these terms and conditions. If the conditions are not
complied with, the Owner/Agent can refuse right of entry and in this situation,
no monies will be refunded. Bookings will not be accepted from persons under 18
years of age. Bookings are usually non-transferable and any changes to guest
details must be agreed by the Owner in advance. The number of persons occupying
the property must strictly never exceed the number stated in the description
unless otherwise agreed by the owner in advance in writing. Persons include
infants. 3. The Hirer undertakes to maintain and leave the
said accommodation and its furnishings and fittings in the same condition as at
the date of the commencement of this holiday let and none of the furnishings
and fittings shall be removed from the said accommodation at any time and to
reimburse the owner for any damage or breakage. 4. The Hirer shall leave the said accommodation in
a clean and tidy condition at the end of the holiday let (and failing this the
said accommodation may be cleaned by the Owner and a charge made to the
holidaymaker for the cost of such cleaning). 5. At the end of their holiday, the Hirer binds and
obliges himself or herself to vacate the said holiday accommodation without
demand. 6. The Hirer shall ensure that the holiday
accommodation is securely locked when not occupied during the period of the
holiday let. 7. The Hirer shall not sublet the said holiday
accommodation or any part thereof. 8. The Hirer shall undertake to prevent any member
of his party from causing a nuisance or disturbance to other residents or
occupiers in the neighbourhood. In the event of a problem arising, the Owner
has the right to ask the Hirer to leave. 9. The Hirer will indemnify the Owner against any
claim which may arise as a result of (a) this holiday letting and/or (b) the
Hirers occupation and uses of the said accommodation and/or (c) the Hirers
breach of the terms hereof. 10. The Hirer or any of third party may not smoke in
the property, and are asked to limit any smoking to the garden. No pets are permitted within the property
without prior permission from the Owner. 11. Cancellation. The Hirer is liable for the total
hire charge unless written notice of the intention to cancel the booking is
received at least twelve weeks prior to the commencement of the holiday. The
deposit paid to confirm the booking will only be refunded if the Owner is able
to re-let the holiday in the time available. Every effort will be made to
re-let a cancelled booking but the Hirer is advised to take out holiday
insurance to cover that eventuality. No insurance is included in the quoted
holiday costs. 12. A deposit of 20% of the rental cost is required
within seven days of provisionally booking the accommodation to confirm the
booking. Payment via cheque made payable to HJM Shaw and sent to Ridgeway
House, Wills Grove, London, NW7 1QJ. Payment by BACS to HJM Shaw, Account
number: 90583383, Sort Code: 40-47-83. 13. The full cost of the holiday must be paid in
full by six weeks prior to the start of the let period. 14. Any faults or breakages must be reported as soon
as possible to the Owner. 15. All breakages/losses in equipment will be
invoiced separately and require paid prior to departure. 16. If booking of holiday is within 6 weeks of
commencement of holiday payment in full is required at the time of booking. 17. The property Owner reserves the right to change
facilities quoted on the web site due to errors or omissions. The property
Owners reserve the right to alter or withdraw amenities or facilities, which
have been advertised as being available where reasonably necessary due to
repairs or maintenance weather conditions and circumstances beyond their
control. 18.
The Hirer
agrees to allow the property Owners and their agents reasonable access to the
property and its garden at all times and in the case of an
emergency where the Owner or Agent may enter without prior notice. 19. The Hirer and their party’s vehicles and their
accessories and contents are left entirely at own risk. 20. Complaints, any queries or complaints arising
when you arrive at the property or during your stay (regarding maintenance and
facilities) should be addressed in the first instance by contacting the Owner.
No guarantee can be given that the Owner will be able to remedy any defects or
answer any queries you may have but they will endeavour to assist you. 21. Holiday accommodation will be available by 3pm
on day of arrival (possibly earlier by agreement) property to be vacated by
10am on morning of departure. 22. If the property Owner is affected by
circumstances which are beyond their reasonable control (including without
limitation flood, storm, fire, employment strikes, urgent unforeseen repairs
required to property, telecommunications access problems, destruction or damage
of the property or road blockages) then, the property Owner shall notify you
immediately of the extent and nature thereof. 22.1
The
property Owner shall not be deemed to be in breach of this Agreement, or
otherwise liable to you, by reason of any delay in performance or
non-performance of any of its obligations hereunder (to the extent that such
delay or non-performance is caused by circumstances beyond their reasonable
control. 22.2
The Owner
will procure the refund of any monies held in respect of such bookings for the
property which are cancelled due to circumstances beyond their control and
shall constitute the full liability of the Owner. 23. Limited liability. Save in respect of any death
or personal injury claim caused by the negligence of the Owner. The Owner
cannot accept liability for any damage, expense or loss of any nature
whatsoever suffered by any person(s) from any cause whatsoever. 23.1
Save in
respect of any death or personal injury claim caused by the negligence of the
Owner, any other liability of the Owner under this Agreement shall be limited
to the rental value of the relevant booking at the Property. 23.2
The Owner
shall not be liable to you for any loss of profit, consequential loss or other
indirect losses under the terms of this Agreement. 23.3
For the
avoidance of doubt, the Owner takes every care to ensure that the accuracy of
property descriptions and information contained on the websites are correct at
the time of publication. However in the
event of any good faith error, the Owner cannot accept any liability. There are
no warranties, conditions, guarantees or representations as to description
merchantability or fitness for a particular purpose or other warranties,
conditions, guarantees or representations whether express implied by statue or
otherwise oral or in writing except as provided herein or such as cannot be
excluded by law. 23.4
The use of
any amenities, where offered, such as swimming pools, bicycles, boats,
barbeques etc. is entirely at the user's risk and no responsibility can be
accepted by the Owner for any death or personal injury (save to the extent that
such death or personal injury was caused by the negligence of the Owner). No
liability for any other loss or damage in connection with the use of such
amenities is accepted. All statements are made, and
information is given in good faith, being true and correct to the best of our
knowledge and belief, but the Owner accepts no liability in the event of any
such statement or information being untrue or incorrect. The Owner reserves the right
to decline accommodation and to order any unauthorised person off the premises. | ||