Holiday House Devon Terms & Conditions
PLEASE READ THESE CONDITIONS CAREFULLY, WHEN YOU MAKE A RESERVATION YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS
“Owner” means Holiday House Devon;
“Applicant” means clients applying to rent property;
“Tenants” means all persons that have taken up residence, or are present in a property or grounds that are listed on the Booking Form;
“Persons” means all persons that have taken up residence, or are present in a property or grounds that are listed on the Booking Form;
“Agent” means person to act on behalf of the Owner;
“Booking Form” means the booking form specified by the Owner to be used by the Applicants.
- Duration and Times of Lettings:
The Applicant can occupy a reserved property from 1600 hours on the first day of the reservation, and the Applicant must ensure that he and any third parties who have been in occupation of a property as a result of a reservation leave prior to 1000 hours on the date of departure as indicated on the Booking Form.
- Reservation Procedure:
Applicants can provisionally reserve the property over the telephone with the Owner but no contract shall exist between the Applicant and the Owner until the terms and conditions have been agreed to and the Owner has received the relevant payment in accordance with and subject to the provisions of Condition 4 at which time the reservation will be confirmed subject to the Booking Form having been submitted with all required information to the satisfaction of the Owner.
- Payment Procedure:
For reservations made more than 8 weeks prior to the commencement date a booking fee of 33% of the total amount due must be sent with the completed Booking Form. If a reservation is made less than 8 weeks before the commencement date the total amount due together with any additional charges must be tendered at the time of submission of the Booking Form. In the event that the Owner does not accept an Applicant’s reservation all monies paid will be refunded immediately.
The balance of the full amount due in respect of the reservation and any additional charges are due 8 weeks before the commencement date. Non payment of any sum by the due date will be deemed to be a cancellation and the Owner may re-advertise the property for reservations without prior notice to the Applicant. The Applicant shall remain liable for payment of the full amount due in respect of the reservation in accordance with the provisions of Condition 4. Payments under these Conditions may be made by bank transfer or debit/credit card. If you choose to pay by debit/credit card we will make a charge of 3.5%, subject to a minimum charge of £2.00 for each payment made this way to defray costs, expenses and charges incurred by us in connection with debit/credit card payments. In agreeing to these terms and conditions the Applicant acknowledges and accepts that they are entering into a direct contract with the Owner in respect of the letting of the Property
ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.Any request to cancel a booking must be made in writing to the Owner. The Applicant shall remain liable for all the payments due in respect of the reservation whether or not they have been paid at the time of cancellation. The Owner will offer the property for reservation and will use his reasonable endeavors to obtain a reservation for the property in respect of the cancellation period. If the Owner is successful the Applicant will be refunded the difference between moneys they have paid less the sums receivable from the re-letting after deduction of all costs and expenses incurred by the Owner which shall include an administration fee of £50.
The Owner reserves the right to amend the price quoted on the website or rates sheet due to errors or omissions or changes in the VAT rate. In such circumstances the Owner will contact the Applicant as soon as the Owner becomes aware of an increase in charges. If the Applicant does not wish to pay the increase the Applicant shall be entitled to cancel the reservation and receive a full refund for all monies paid in respect of the reservation providing notice of cancellation is given in accordance with the provisions of Condition 4 and within 7 days from the Applicant receiving notice of the amendment to the price to be charged from the Owner.
Once a reservation has been confirmed in accordance with the provisions of Condition 3, should the Applicant require amendment to any of the information provided on the Booking Form a fee of £35 shall be charged to the Applicant.
- Applicant’s Obligations:
The Applicant agrees:
* To pay for any losses or damages to the property or its fixtures, fittings or decor, howsoever caused (reasonable wear and tear excluded);
* To take good care of the property at all times of the tenancy and leave it in a clean and tidy condition at the end of the tenancy, in the same condition as at the start of tenancy (extra cleaning can be charged);
* Not to smoke inside the property;
* Not to tamper with, disable or disarm, or render ineffective any security or safety equipment;
* Not to cook anywhere on the property other than in designated kitchen areas;
* Not to bring any pets to the property unless previously agreed in writing with the Owner, and paid for;
* Only to allow persons named on the Booking Form to have access to the property or grounds. We reserve the right to make spot checks;
* Not to bring or use any commercial or similar type sound system;
* Not to bring any large electrical appliances such as fridges, freezers, ovens or hobs to the property;
* Not to bring, use or supply any illegal drug or legal highs, including nitrous oxide onto the property or grounds. Finding any of these substances or associated paraphernalia in the property or grounds will result in an instant termination of your reservation or afterwards will result in the security deposit being withheld in full. In all circumstances the Police will be informed.
To allow access to the Owner, or any Agent the Owner selects to work on their behalf for reasons of maintenance, checking the property condition or any other reasonable reason, at any time.
- Damages and Damage Deposit:
The property Owner requires a damage deposit of £500, this amount can be varied to a higher amount at the Owners discretion. You will be required to make this payment either by cash or bank transfer before your arrival at your accommodation. You will be notified in advance of when payment is required. This amount is fully refundable providing the property is left in a clean and tidy state as you found it on arrival, that there have been no breakages, extra cleaning required, any extra people found to be staying at the property, a nuisance has not been caused to any neighbouring property or Holiday House Devon has not been brought into disrepute.
In the event that the Applicant or anyone staying at the property during the Applicant’s reservation period causes damage or incurs a need for professional cleaning services, or through their actions incurs extra costs to the Owner or leaves the property without settling invoices for additional services or supplies received during the Applicant’s reservation period, the Applicant will be notified in writing of the details of any extra costs incurred within 10 working days after the end of the reservation period and this amount shall be deducted from the Damage Deposit, if one has been taken, or payment will be required from the Applicant.
- Swimming Pool and Spa Equipment:
The Applicant agrees that the use of any swimming pool facility is at the Applicant’s (or any third party residing in the property during the period of the Applicant’s reservation) risk in all respects. The Applicant agrees to observe the “Regulations and Conditions Governing the Use of Swimming Pool and Ancillary Equipment” which form part of these Conditions and to ensure that any third party residing in the property during the period of the Applicant’s reservation also abides by the same.
The Tenants agree:
*To use the pool at their own risk.
*Not to alter or tamper with the pool equipment or safety equipment.
*No electrical equipment to be taken into the pool room.
*That every care should be taken when around or using the pool.
*To make sure that the cover is always replaced after use to maintain the water temperature.
*To note that the cover must be completely removed and that it is dangerous to be in the water with the cover on or partially on.
*That no one should swim while under the influence of alcohol or drugs.
*Not to take any glass items near or into the the pool room or area.
*No food or drink to be taken into the pool room, including alcoholic and non alcoholic drinks.
*Guests should note that some pools have a shallow end and a deep end and for your own safety diving is strictly prohibited.
*To ensure that children under 16, or any novice swimmer of any age, are always supervised by an adult and confident swimmer at all times.
*To behave in such a manner as not to disrupt the enjoyment of other people staying in the near vicinity or prejudice the reputation of the owner of the property.
*To allow access for pool maintenance at any time, even if the pool is in use.
The holiday of any Applicant, all Tenants or third party residing or making use of the property during the period of the Applicant’s reservation, in breach of this clause may be terminated immediately and without compensation or any further obligation.
Any damage to the pool facilities arising out of misuse or as a result of negligence and/or failure to follow the instructions herein will be chargeable to the Applicant.If misuse of the pool is found, the pool is liable to be closed and or your tenancy ended immediately without compensation or further obligation.
Whilst we aim to have the pool available at all times this can not be guaranteed, reasons may include structure or equipment failure.
- Authority to Sign / Miscellaneous:
* The Applicant acknowledges that he/she/they are authorised to sign the Booking Form on behalf of all Persons who will occupy the property throughout the duration of the reservation and that those Persons are aware of the terms of these conditions.
* The Applicant shall be a member of the party occupying the property and hereby agrees to the following: If the majority of the persons residing in the property during the period of the Applicant’s reservation are under 30 years old, or if the party are all of the same sex, the Owner must be notified in writing.
* The property details state the maximum number of Persons permitted to occupy the property and grounds at anytime, only persons listed on the booking form may be permitted in the property or grounds.
* No smoking is permitted with in the property.
* You must not cause a nuisance, distress or disturbance to any neighbouring properties or behave in an unreasonable way or to bring Holiday House Devon into disrepute in any way.
* The playing of music or making a noise which is clearly audible in a nearby property is strictly not permitted at any time of the day.
* Not to tamper with, disable or disarm, or render ineffective any security or safety equipment.
* No subletting of the property, in part or full, is allowed, unless in total agreement with the owner at time of booking.
* Not to bring, use or supply any illegal drug or legal highs, including nitrous oxide on the property or grounds. Finding any of these substances or associated paraphernalia in the property or grounds will result in an instant termination of your reservation for all persons or afterwards will result in the security deposit being withheld in full.
Any breach of the provisions in these Terms and Conditions will constitute a breach of contract.The Owner may then terminate the reservation forthwith in which event all moneys paid by the Applicant will be forfeited and the Applicant and any person residing in the property during the period of the Applicant’s reservation may be required to vacate the property with immediate effect.
The Owner reserves the right to refuse access to the property or to take possession of the property at any time where damage or nuisance has been caused or is likely to be caused by the Applicant or any Persons residing in the property during the period of the Applicant’s reservation. In such an event the Owner shall not be liable to make any refund of any monies paid by the Applicant whatsoever.
- The Reservation:
The reservation confers upon the Applicant the right to occupy the property for a holiday within the meaning of Section 9 of the Rent Act 1977.
- Non-Availability of Property:
If for any reason beyond the control of the Owner the property is not available on the date booked or the property is unfit for purpose, the Owner can not accept any responsibility or pay any form of compensation where the circumstances causing the non-availability of the property amount to “force majeure”.
Circumstances that will be deemed to amount to “force majeure” include destruction or damage to the property as a result of fire; flood; explosion; storm or other weather damage; break-in or other criminal damage or any other occurrence beyond the reasonable control of the Owner.All monies paid in advance by the Applicant will be refunded in full but the Applicant shall have no further claim against the Owner.
This Condition 14 sets out the entire financial liability of the Owner (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Applicant in respect of any breach of this agreement; any use made by the Applicant or any third party residing or making use of the property during the Applicant’s period of reservation and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the liability of the Owner for death or personal injury resulting from negligence or for any damage or liability incurred by the Applicant as a result of fraud or fraudulent misrepresentation by the Owner.The Owner shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal property or possessions; loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation.The Owner’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this agreement shall be limited to the monies paid in respect of the Applicant’s reservation under the conditions of this Agreement.Any vehicle(s) of the Applicant or any third party making use of the property during the period of the Applicant’s reservation is left at the property entirely at the risk of the owner of the vehicle.Any bookings made with external companies for activites, catering, pampering etc are entered into in a seperate agreement and are not the responsibility of Holiday House Devon. It is the responsibility of all external organisations to make sure that all information is current and correct.
- Website and advertisements
Holiday House Devon aim to ensure that the information and descriptions provided are accurately conveyed on the official website (www.holidayhousedevon.co.uk) and any authorized third-party websites or advertisements. There may be small differences between the actual accommodation and its description as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable, and if this is the case we will tell you as soon as reasonably practical after we have been made aware of the situation. Similarly, we cannot accept responsibility for any changes or closures to local area amenities or attractions mentioned on the website or advertised elsewhere. There are many unauthorised websites listing holiday cottages. We cannot accept responsibility for the descriptions on these sites.
- Problems & Complaints;
Every effort has been made to ensure that you have an enjoyable and memorable holiday, if however you have any problem or cause for complaint it is essential that you contact us immediately to give us the chance to resolve it. Any issues must be raised during the occupation of the property. Our contact details can be found on our website. Please detail any issues either by email, phone or text message, preferably by two of these methods.
In the event of discrepancy between these conditions and any other document, these conditions shall prevail.