Terms and Conditions General • You are entitled to occupy the Property for holiday use only and this Agreement will not give you any security of tenure under the terms of the Housing Act 1988 pursuant to which the occupation shall be deemed to be by way of an excluded tenancy. • You agree that this Agreement is not an assured tenancy and that no periodic tenancy will start at the end of the Letting Period. As a holiday letting this Agreement is excluded for the purposes of the Protection from Eviction Act 1977. • If the Rent is unpaid for more than 10 days after it is due (whether demanded or not) or there is a breach of any of your obligations under this Agreement then we may get possession of the Property and this Agreement will end (but without prejudice to any of our other rights and remedies in respect of any outstanding obligations on your part). This clause does not affect your statutory rights. • Only the Other Guests listed (if any) are allowed to use or stay in the Property. If you are expecting overnight visitors, you must inform us. You and your party must not exceed at any time the number of sleeping places. Our representatives or us have a right at all times to refuse access to the Property for people who are not members of the party. • In the event of damage to or destruction of the Property by any of the risks insured against by us, you will not be required to pay the Rent to the extent that the your use and enjoyment of the Property is stopped and you will not be required to perform your obligations as to the state and condition of the Property to the extent of and so long as there prevails such damage or destruction (except to the extent that the insurance is prejudiced by any act or default of you). • All references to the singular include the plural and vice versa and any obligations or liabilities of more than one person shall be joint and several and an obligation on the part of a party shall include an obligation not to allow or permit the breach of that obligation. 3 Your Obligations You agree with us to: • pay the Rent at the times and in the way set out above; • keep the Property in a good and clean condition; • replace, repair or clean any item(s) which are broken or damaged during the Letting Period; • keep noise from becoming too loud to disturb any neighbours; • give the Property back at the end of the Letting Period in the same clean state and condition it was in at the beginning of the Letting Period (reasonable wear and tear and damage by insured risks excluded); • Allow us or anyone with our written permission to enter the Property at reasonable times of the day to check its condition and state of repair, and carry out any necessary repairs and gas inspections, provided we have given you reasonable prior notice (except in emergency); • make sure that your personal belongings are insured. We will not accept any liability for theft of, loss of or damage to personal belongings; • give a forwarding address when the Letting Period ends; and • before leaving remove all rubbish and all personal items (including your own furniture and equipment) from the Property. You agree with us not to: • damage, make any alterations, changes or additions to the inside or outside the Property. • damage the Property or any of the contents, and furniture listed on the Inventory. • do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to any other occupiers of the Property or owners or occupiers of adjoining or nearby premises or which may in any way prejudice the insurance of the Property or cause an increase in the premium; • without our prior written consent (consent not to be withheld unreasonably) keep or allow any pet of any kind or animal at the Property. If any pets are allowed they must be kept under strict control and on a lead at all times. Pets must not be left alone at the Property. You are responsible for all damage, personal injury and/or any extra cleaning caused by the pet(s), and are responsible for cleaning all pet refuse; • use or occupy the Property in any way other than as a private holiday residence for a maximum of 9 people; and • assign, sublet, charge or part with or share possession of occupation of the Property or any part of it. Our Obligations • Subject to you paying the Rent and performing your obligations under this Agreement you may peaceably hold and enjoy the Property during the Letting Period without interruption from us or any person rightfully claiming under or in trust for us. • We will insure the Property and the contents of the Property which belong to us, as listed on the Inventory. If requested will give you a copy of the insurance policy. 4 Deposit • The Deposit will be held by us and will be refunded to you at the end of the Letting Period at the forwarding address given to us (but less any reasonable deductions properly made by us to cover any reasonable costs incurred or losses caused to us by any breaches of the obligations in this Agreement by you). No interest will be payable to you in respect of the Deposit. • The Deposit will be paid to you as soon as reasonably possible, however we will not be bound to return the Deposit until after we have had a reasonable opportunity to assess the reasonable cost of any repairs required as a result of any breaches of your obligations under this Agreement. • If at any time during the Letting Period we are obliged to deduct from the Deposit any reasonable costs due to any breach of your obligations you must make additional payments as are needed to restore the full amount of the Deposit. General • Any notice or other document must be served on the Holiday Guest or the Owner during the Agreement by first class post at the address of the receiving party given in the Agreement, unless the party has notified the other of a different address at which notices are to be served. Notices are deemed served the day after posting. • A person who is not a party to this Agreement cannot enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999. • This Agreement will be governed by and interpreted according to English law. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English courts. Balance must be paid no less than 60 days before arrival date or immediately upon booking if you are arriving within 60 days of making the reservation. Please make payment by BACS to the account details on you online booking confirmation. Weekly bookings run from Friday to Friday (7 nights). Short breaks in low season are Fri-Mon (3 nights) or Mon-Fri (4 nights). Well behaved dogs are welcome by arrangement at £30 per dog per booking. The barn is available from 5pm on arrival date and departure is by 10am on the final day. • We make every effort to ensure that descriptions and details of the property in the brochure or on the website are correct, but we can accept no liability for any minor inaccuracy in these. 5 We cannot accept liability for any injury, loss or damage suffered by you or any member of your party unless there was wilful default by us or our employees or agents or death or personal injury was caused by the negligence of us, our employees or agents. • party unless there was wilful default by us or our employees or agents or death or personal injury was caused by the negligence of us, our employees or agents. • Vehicles and their contents in your possession remain your responsibility. We can not be held responsible for loss or damage to vehicles or their contents whilst on our land. This applies to all guests and daily visitors. • You acknowledge that this agreement confers on you the right to occupy the premises for the purposes of a holiday or short term temporary stay and is not being used as a permanent dwelling house. • You undertake to keep the property and all furniture and fittings and effects in the accommodation in the same state of repair and cleanliness as at the beginning of the letting, allowing for reasonable wear and tear. All damages and breakages are the visitor's responsibility and payable to the owner. • The owner reserves the right of entry to the accommodation at all reasonable times with or without workmen, to inspect or repair the accommodation or its contents. • You accept that this letting may not be assigned by you and you undertake that only the agreed number of persons will occupy the property whose details you have disclosed on the contract. • We take every care to ensure that your holiday accommodation is satisfactory but, in the event of any complaint, please take this up with us immediately. Complaints cannot readily be resolved once you have left the property. • Bookings are only confirmed upon receipt of cleared deposit funds and signed contract. The balance of the holiday rent should be paid at least 60 days before the beginning of the holiday. We reserve the right a) to refuse any reservation or booking which you make and if there is such a refusal we will return any money which you have paid. b) to cancel any confirmed booking if circumstances relating to the property or its accommodation make this necessary. If this occurs we will refund any money which you have paid. c) to cancel any letting forthwith if: 6 i) you or any member of your party behave in such a way as to cause damage to the property let to you or its furniture or contents, or ii) if such behaviour causes a nuisance or annoyance to the owner of any adjoining or neighbouring property. If cancellation is made for either of these reasons no refund will be made of any money you have paid. 6. Visitors should arrange their own cancellation insurance. 7. If you have to cancel your booking you must notify us in writing at the earliest possible time. If you cancel your booking we will make every reasonable effort to re-let the week/s you have booked. If we are able to re-let for the whole of the period of your booking we will refund the money you have paid after deducting an administration fee of £100. If it is not possible to re-let the period booked then there will be no refund of any money you have paid. If part only of the period is re-let then a refund will be made in the proportion that the part re-let bears to the total period of your booking. The administration fee will be deducted from your proportionate refund. 7A Reservations for stays after 14 March 2020 will not be covered under our extenuating circumstances policy, except where the guest or host is currently sick with COVID-19. COVID-19-related circumstances not covered include: transport disruptions and cancellations; travel advisories and restrictions; health advisories and quarantines; changes to applicable law; and other government mandates such as evacuation orders, border closures, prohibitions on short-term rentals, and lockdown requirements. The host’s cancellation policy will apply as usual. Our extenuating circumstances policy is intended to protect guests and hosts from unforeseen circumstances that arise after booking. After the declaration of COVID-19 as a global pandemic by the World Health Organization, the extenuating circumstances policy no longer applies because COVID-19 and its consequences are no longer unforeseen or unexpected. 8. For all claims other than relating to death or personal injury which result from the non performance or improper performance of this contract by us the maximum amount of compensation payable by us to any person is limited to the total of the money you have paid divided by the number of persons in your party. We shall not be responsible for damages or compensation in circumstances which amount to force majeure.
