1. The Contract
The contract is between Suzanne and Charles Hart (the Owner) and the person completing the Booking Form (the Hirer). The agreement is made on the basis that "Cathedral View," 2 St Thomas Mews, Wells, Somerset (the Property) is to be occupied by the Hirer for a holiday as mentioned in the Housing Act 1988 Schedule 1 Para 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 when it ends.
The contract is not effective until the required payment and the completed Booking Form has been received by the Owner and accepted by the Owner in writing.
2. Booking
2.1 Bookings cannot be accepted from:
a. Persons under the age of 18 years
b. Parties where the majority of members are under 18 years (except families or supervised groups)
2.2 The number of persons occupying the Property must not exceed the maximum agreed by the Hirer and Owner.
2.3 The Owner reserves the right to decline any booking or refuse to hand over a key to any person who has not complied with the booking terms and conditions.
3. Reservations
3.1 Provisional reservations can be accepted by telephone or e-mail and must be confirmed within 7 days (UK) or 10 days (outside UK) by the arrival of the required non-returnable deposit. Unconfirmed reservations will be cancelled after 7 (or 10) days without further reference.
3.2 To secure a reservation:
a. Complete all parts of the booking form.
b. Send the completed form by post and arrange payment of 1/4 (one quarter) of the total cost of the holiday (the deposit). This deposit is non-returnable.
c. Pay the balance of the cost eight weeks before the holiday is due to start. Reminders are not normally sent.
No bookings are valid without the non refundable deposit and unless confirmed in writing by the Owner.
3.3 Once a booking has been confirmed by the Owner, the Hirer is responsible for the balance of the cost of the holiday. The Owner reserves the right to cancel the booking, retain the deposit and re-let any holiday where the balance outstanding is more than 7 days in arrears. If, however, the Owner is unable to re-let the holiday, the Hirer remains liable for the outstanding balance.
3.4 Bookings made within eight weeks of the start of the holiday require full payment within 7 (or 10) days of the provisional booking unless alternative arrangements are agreed in writing with the Owner.
3.5 Payment for bookings can be made by postal order, cheque drawn on a London bank payable in Sterling to "MRS S J HART," by Eurocheque or by bank transfer in Sterling, to the Owner's account (details of which can be supplied by post). The person making payment shall be responsible for all charges incurred in making the payment.
4. Cancellation
The Owner requires that all cancellations are notified by telephone and then put in writing to the Owner. In the event that the Hirer has to cancel a holiday, the Owner will endeavour to re-let the Property and if successful may refund any monies paid less the deposit that is non-returnable.
5. Booking Alterations
5.1 Any change in holiday dates will be subject to the agreement of the Owner.
5.2 If the Owner has to cancel arrangements made for the Hirer the Owner will return to the Hirer any monies paid, whereupon the Owner's liability will cease.
6. Damage, Loss and Nuisance
6.1 The Hirer agrees:
a. That the supervision of any adults requiring care, children, and pets remains the responsibility of the Hirer at all times.
b. To be responsible for leaving the accommodation in good order and clean condition.
c. To report and pay the Owner for any damage or loss however caused, excluding reasonable wear and tear incurred during occupation.
d. Not to cause nuisance or annoyance to occupants of nearby property.
e. To allow reasonable access to the property by the Owner or the Owner's servants or agents if the Owner deems it necessary.
6.2 If in the opinion of the Owner any person is not suitable to continue their occupation of the Property because of unreasonable behaviour, damage or nuisance to other parties, the contract may be discharged and the Owner may repossess the Property immediately. The Hirer will remain liable for the whole cost of hire and no refund shall be due.
7. Occupancy
Occupancy shall be from 3pm (1500 hours) on the day of arrival to 10am (1000 hours) on the day of departure, as identified in the Booking Form.
8. Services
The cost of electricity, water and gas are included in the cost of the holiday.
9. Descriptions
9.1 Whilst the Owner makes every effort to ensure the accuracy of property descriptions, these are inevitably subjective and are for guidance only. If there are any points of particular importance, please contact the Owner to clarify information.
9.2 Whilst the Owner has taken all responsible steps to ensure that the information contained in its brochures, tariffs, leaflets and advertisements are accurate, the Owner reserves the right to alter, substitute or withdraw any service, facilities or amenity.
10. Liability
10.1 The Owner cannot accept responsibility for any material loss, damage, additional expense or inconvenience directly or indirectly caused by or arising out of the Property, its plumbing, electrical equipment or otherwise, or exceptional weather.
Neither can any responsibility be accepted for loss or damage of property (including pets), vehicles or vehicle contents belonging to the Hirer or any member of the party during their occupancy.
11. Complaints
11.1 If in the opinion of the Hirer there are grounds for complaint, it is the duty of the Hirer to take it up with the Owner as soon as possible and in any event before departure to allow remedial action to be taken.
11.2 It is specifically agreed that failure by the Hirer to notify the Owner of any complaint in accordance with the time-scale set out in clause 11.1 will entitle the Owner to refuse to entertain the complaint, irrespective of its merits.
11.3 The Owner undertakes to observe the English Tourism Council's code of conduct. In the event of an unresolved complaint, the Owner reserves the right to refer the matter to the Council for arbitration.
12. Waiver and Legal Provisions
12.1 The failure of the Owner to enforce or exercise, at any time, or for any period of time, any term of, or any right pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right.
12.2 The law of England governs the construction, validity and performance of this Agreement and the parties submit to the jurisdiction of the English Courts. The Hirer agrees that the Contract with the Owner is made at the Owner's premises and that any proceedings between the parties shall be conducted in the Weston-super-Mare County Court.
12.3 Clause headings are for convenience only and do not form part of or affect the interpretation of this Agreement.