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(a) "the guest": the person who makes the initial boking deposit payment for “the stay”, being twenty-one years of age or over and who assumes responsibility for all party members and visitors; and,
The contract is made between:
(b) "the owner": Tracey Thorn, e: [email protected]: +44 07958 622026.
The contract confers upon the guest the right to occupy The Sea Swallow (“the property”) for the purposes of a holiday and not for any other purpose (“the holiday”). These terms and conditions will apply in every case without alteration unless otherwise agreed in writing before the commencement of the holiday.
Reservations and bookings
To make a reservation the guest must send to the owner by email the following details:
• the dates to be reserved at the published price
• their name, address and home landline number, and their mobile phone number to be used during their stay
• the full names of everyone who will be staying and ages of those under 21
The owner will also send a payment schedule showing the date by which both the final payment of 50% of the cost of the holiday and the refundable good housekeeping deposit will be due no later than eight weeks before the holiday starts. A reminder will not normally be sent.
If the guest books less than eight weeks before the arrival date, payment of the total cost including the refundable good housekeeping deposit shall be due immediately.
A booking for a holiday will be confirmed and this contract comes into operation only when the initial booking deposit and a list of everyone who will be staying and the ages of those under 21 have been received.
The owner will send an email to confirm acceptance of the initial payment and the booking. Acceptance by the guest of the Terms and Conditions is confirmation that a contract for the holiday has been concluded. The owner reserves the right to refuse any booking prior to the issue of a written confirmation.
The guest should carefully check the details of the written confirmation and inform the owner immediately of any errors or omissions.
Upon receipt of both the final payment of 50% of the cost of the holiday and the refundable good housekeeping deposit, the owner will send directions, the key safe passcode and useful information.
If payments are not received by due dates, the owner shall be entitled to treat the guest's reservation as cancelled and any monies paid may be forfeited and unpaid monies shall remain payable.
The owner has the absolute right to refuse any bookings. In this case, monies received shall be promptly returned to the guest. The owner reserves the right to cancel or alter arrangements made for the guest whether before or during the relevant visit (a) where any error has arisen regarding availability, (b) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the control of the owner or (c) where in the reasonable opinion of the owner, it is necessary to perform or complete essential remedial or refurbishment works.
Bookings cannot be accepted from groups of single persons under the age of twenty one nor from groups of all male or all female parties and if at the commencement of the holiday it appears to the owner that this condition has been broken, the guest and his or her party may be refused access, the booking may be cancelled, any monies paid may be forfeited and unpaid monies shall remain payable.
The guest cannot allow more people to stay in the property than expressly authorised, or significantly change the makeup of the party during the holiday in the property. Nor can the guest take a pet into the property unless it has been arranged in advance and it is shown on the booking confirmation. If the guest does so, the owner can refuse to hand over the property to the guest or can require the guest to leave it. Any of these circumstances will be treated as the guest a cancelling the booking.
Electricity, gas, water services, end-of-stay cleaning and Wi-Fi are included in the cost of the holiday.
Refundable good housekeeping deposit
The guest must pay a refundable good housekeeping deposit eight weeks before the start of the holiday, against any failure by the guest to comply with these terms and conditions.
This deposit is held by the owner and returned to the guest within 28 days of the end of the holiday (subject to the full vacant possession of the property) and after deduction of any sums due to the owner.
The guest agrees to inform the owner of all damage or breakages as soon as they occur and before checking out and to pay for all costs of any breakage or damage in or to the property.
All payments shall be made to the owner by bank transfer unless otherwise agreed. All bank charges incurred will be charged to the guest and deducted from the refundable good housekeeping deposit if necessary.
Arrival and departure
The guest agrees to arrive no earlier than 4pm on the agreed arrival date, and leave no later than 11am on the agreed departure date, unless otherwise agreed in advance in writing.
The guest must not use the property or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to owner or to any neighbours. No fireworks, Chinese or sky lanterns (or other lights or illuminations which have naked flames) shall be let off from the property.
Smoking is not allowed inside any part of the property.
Care of property, and damages and breakage
The guest undertakes to take proper care of the property including all its contents and surrounds and to leave the property in the same state of repair, condition, cleanliness and tidiness as at the beginning of the holiday. The guest agrees not to cause any damage to the walls, doors or windows of the property. The guest must notify the owner of any breakages or damages immediately when they happen. The guest may at the owners discretion be required to reimburse the owner for replacement, repair or any extra cleaning costs.
The guest agrees:
• to keep the cottage clean and tidy at all times
• to inform the owner of all damage, loss or breakages as soon as they occur and before checking out
• to the owner retaining an amount from the refundable good housekeeping deposit to pay for any damage, loss or breakages
• to inform the owner of any disrepair or defect in the cottage as soon as it is noticed
• not to remove any kitchen utensils and equipment from the house, with the exception of the melamine picnicware and grey picnic cutlery
• not to block the shower, bath, sinks, lavatory, cistern, drains, gutters, pipes, chimneys and the like
• not to allow shower water to flow over onto the bathroom floor
• to wash dogs down before entering the cottage
• not to wash dogs or sandy items in the shower, bath or sinks
• not to re-arrange, change or remove any of the property’s installations, furniture, fixtures and fittings
• to fasten all locks to all doors and windows whenever the property is left unattended to prevent unauthorised access to the property
• not to change or install locks on any doors or windows nor have additional keys made for any locks
• to put out all recycling and rubbish for collection on the specified days
• to inform the owner of all additional coffee consumed from the owner's store (10 complimentary coffee capsules are included per stay)
Well trained dogs are accepted in advance agreement with the owner and on the condition that they are not allowed upstairs, on the furniture, and especially the beds, nor left unattended in the accommodation. A charge of £50 per stay will be made for each dog (guide dogs for the blind and hearing dogs for profoundly deaf people excepted). No other domestic pets can be accepted.
The guest must bring dog beds for their pets. Pets must have been treated to remove worms, fleas and ticks before arrival.
Cancellations due to government public health measures
If the guest cancels their booking because UK government public health measures mean they are not allowed to travel or they are prevented from using their booking, they may choose one of the following options:
• receive a full credit of any amount already paid to use towards rebooking the holiday at a later date. In this case, the owner will not charge any administration fees and will maintain for 12 months the seasonal rates valid at the time of the guest’s original booking;
• receive a refund of the amount the guest has already paid for the booking, excluding any booking fees. If the guest booked their holiday through an online travel agen, the guest may still be liable to pay any fees they have charged the guest according to their own terms and conditions.
(a) by the guest
If the guest needs to cancel or amend a booking the owner must be informed in writing or by email. A cancellation will not take effect until the owner receives written confirmation.
If the guest cancels before the due date for payment of the balance of the rent the booking deposit of 50% shall be forfeited.
Non-payment of the balance of rent by the due date shall cancel the booking and the booking deposit of 50% shall be forfeited.
If the guest cancels the booking for any reason following payment in full for the holiday, a 50% refund will be made only if the owner re-lets at full rent.
On receipt of the written cancellation the owner will endeavour to re-book the property for the holiday period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid less £100 (one hundred pounds) to cover administration. The owner reserves the right to discount the cost of a cancelled stay for late availability bookings, which may lead to no refund being payable.
(b) by the owner
The owner would not expect to have to make any changes to or cancel a booking but if, due to circumstances beyond the owner’s control, this does happen the owner will contact the guest as soon as is reasonably practical. If it is necessary to cancel a booking, the owner will refund the balance of any money paid in an equal amount to time remaining. The owner will endeavour to find an alternative suitable date for the guest.
The owner cannot guarantee the availability of the property on a different date, but where an amendment can be made a fee of £50 to cover administration shall be charged.
The guest agrees to ensure that each member of their party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
Use of the property is entirely at the guest’s own risk and the owner accepts no liability for any accident, damage, loss, injury, expense or inconvenience, which may be suffered, incurred, arrived out of, or in any way connect with the rental. But nothing in this agreement limits or excludes the liability of the owner for death or personal injury resulting from negligence.
The provision of wireless broadband internet access is a complimentary facility and the owner accepts no liability for loss of coverage or quality where technical problems are experienced.
If the property becomes unavailable or unusable for any reason prior to the start of the date of or during the stay, then the owner’s obligation will be to reimburse the guest for any monies paid or in the case of disruption during a stay, pro rata.
The information and description given on the website is for guidance only. The owner has made every reasonable effort to ensure that the information given in relation to the
Property is accurate and complete but no liability is accepted for any minor errors in description. The owner reserves the right at any time to alter the property as the owner sees fit. In case of any discrepancy between the descriptions and pictures of the property and the property these conditions prevail.
If for any reason beyond the owner’s control the property is not available on the date booked (due to fire damage, for example) all monies paid in advance by the guest will be refunded in full but the owner shall not have any further liability to the guest.
The guest agrees to take all necessary steps to safeguard their personal property. No liability to the guest is accepted in respect of damage to or loss of such property.
If there is any material breach of these conditions including, but not limited to vandalism or disturbance, the owner and/or their representative reserves the right to re-enter the property and terminate the holiday without prejudice to the other rights and remedies of the owner.
Rights of entry
The owner or a representative shall be allowed the right of entry to the property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance.
The owner accepts no obligation to reserve specific dates on a repeat basis.
Every care is taken to ensure that the property is presented to guests to a high standard. Should the guest at any time believe there is a problem, or a cause for complaint, it is essential that the guest contacts the owner immediately during the holiday, not after it, so that it can be speedily resolved. If any complaint cannot be resolved during the guest’s stay, the guest must write to the owner with full details within 28 days of the end of it.
The contract between the guest and the owner is governed by the law of England and any dispute, matter or other issue which arises will be dealt with by the Courts of England.
The person paying the initial payment hereby certifies that he or she is a member of the party intending to occupy, is over twenty one years old, and is authorised to agree to the terms and conditions on behalf of all persons who stay at the property.