Holiday Letting Agreement & Terms and Conditions

 

You are advised to read this before booking

 

By booking and arriving at the Property you are deemed to have accepted this Letting Agreement and the Terms and Conditions listed.

Please note that any online booking made through our online booking system is provisional until confirmed by us.

 

Meanings

 

These word and phrases have defined meaning:

 

Agreement: this Holiday Letting Agreement, which is made up of the information in this section and the following Terms and Conditions

 

Damage Deposit: The Damage Deposit (if any) will be that stated to you at the time of booking the Property

 

There is currently no inventory for the Property

 

Letting Period: The Letting Period is from 4:00pm on arrival day to 9:30am on departure day. Check-in and departure dates being those agreed when booking the Property. Strictly no early arrivals or late departures.

 

Owners: Guy and Gemma Watton of Mill Barn, Widemouth Bay, Bude, Cornwall, EX23 0DE

 

Guests: The persons including children who have booked the Property

 

Property: The Property is the Property as stated on the booking confirmation at Mill Barns Holiday Accommodation, Widemouth Bay, Bude, Cornwall, EX23 0DE

 

Rent: The Rent shall be as quoted and agreed at the time of booking and must be paid in advance of the Letting Period.

 

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.

• This Agreement is entered into when we issue the confirmation booking email/form to you and will be subject to the Terms and Condition stated within this Agreement.

• We accept credit and debit cards and bank transfers. Cash and cheques are not accepted.

• 25% of the Rent is payable if the booking is made more than 6 weeks before the Letting Period. The balancing 75% is payable 6 weeks before the Letting Period. Non-payment of the balance of the Rent on or before the due date is construed as a cancellation of the contract by you and this Agreement will terminate 1 day after it fell due. For bookings made less than 6 weeks before the Letting Period the total Rent is payable.

• If the Rent is unpaid for more than 1 day after is it 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 rights and remedies in respect of any outstanding obligations on your part). This clause does not affect your statutory rights.

• Only the Guests can use or stay in the Property. If you are expecting overnight visitors, you must inform us in advance. 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 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 by 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.

 

Your Obligations

 

You agree with us to:

 

• Pay the Rent at the time(s) agreed at the time of booking the Property. The Rent can be paid online through the booking agent or ‘direct bank transfer’.

• Keep the Property in good clean condition.

 

• Ensure that an adult supervises any guest under the age of 18 years of age for the duration of the Letting Period.

• To provide the number of guests, with names, for all those over the age of 16 years. For those under the age of 16 years we require the number of guests and their ages.

• Replace, repair or clean any item(s) which are broken or damaged during the Letting Period.

• Keep noise from becoming too loud to disturb neighbours. In the event of misbehaviour, or other necessary causes, the Owner reserves the right to terminate the Letting Period immediately and without any refund of the Rent.

• Give the Property back at the end of the Letting Period.

• Allow 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 inspections, provided we have given you reasonable prior notice (except in an emergency).

• Make sure that your personal belongings are insured. We will not accept any liability for theft of, or damage to, personal belongings.

• Before leaving remove all rubbish/recycling from the Property and place it in the bins provided and remove all personal items (including your own furniture and equipment) from the Property.

• Ensure all soiled dishes are placed in the dishwasher and cleaned.

• Notify us of any breakages or fault equipment so that we may replace them.

• On the day of departure please leave one front and two back door key, together with the laundry key, on the hooks inside by the chalkboard and the other front door key in the keysafe locking the property as you leave. A fee of £20 per key will be payable for lost keys.

• Should there be any cause for complaint during the Letting Period it must be notified to us promptly and in the case of serious problems confirmed to us in writing.

 

You agree with us not to:

 

• Damage, make any alterations, changes or additions to the inside or outside of the Property.

• Damage the Property or any of the contents and furniture listed on the Inventory.

• Damage or lose any linen or towels.

• Do not conduct any illegal activity or use our network for illegal activity. This is strictly prohibited and will be reported to local authorities and police.

• Do not smoke in the Property. If you smoke outside please pick up and place all cigarette ends in the bin.

• Do not use candles in the Property

• Do not charge electric cars using an extension cable. There are no electric charging points.

• Do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to any other occupants of the Property or owners or occupiers of the adjoining or nearby properties or which may in any way prejudice the insurance of the Property or cause an increase in the premium.

• Do not climb on or over fences or walls.

• Use or occupy the Property in any way other than as a private holiday residence.

• The persons including children occupying the Property shall not exceed the number of persons booked (except for babies in cots as agreed at the time of booking). At no times shall the persons occupying the property exceed the maximum of 6 people (excluding babies).

• Assign, sublet, change, part with or share possession or occupation of the Property or any part of it. This means that no third parties are allowed to stay at the Property and holidays booked are not transferable. Only the families/persons quoted when booking are allowed to stay at the Property.

 

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. If requested we will give you a copy of the insurance policy.

• Rent includes one-time linen and towel setup. Facilities are included in the Rent.

• We shall not be liable to you or third parties for any accident, damage, loss, injury, expense or inconvenience, which may be suffered, incurred, arise out of or in any way connected with the Rent. No term of the Contract is enforceable under the Contracts (Rights of The Third Parties) Act 1999 by a person who is not a party to this Agreement. If the property which you have booked becomes unavailable or unusable for some reason prior to the date of a booking, then our obligation will be to (1) use our best endeavour to find a suitable alternative property, or failing which (2) to reimburse you for any monies paid.

 

Security Deposit

 

• If we require a Security Deposit to be paid then you will be notified at the time of booking and by proceeding to book you accept that a Security Deposit is payable and the terms on which the Security Deposit is paid is as stated in this Agreement.

• If a Security Deposit has been paid, or is payable, then the Security Deposit will be held by us or our booking agent and will be refunded to you at the end of Letting Period (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). If you have paid by Credit Card details these will be held for the purposes of the Security Deposit. No interest will be payable to you in respect of the Damage Deposit.

• The Security Deposit will be paid by you as agreed at the time of booking and no later than the day of check-in.

• The Security Deposit will be returned to you as soon as reasonably possible after the day of departure, however, we will not be bound to return the Security Deposit until 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 Security Deposit any reasonable costs due to any breach of your obligations you must make an additional payment as needed to restore the full amount of the Security Deposit.

 

Cancellation

 

• The cancellation terms shall be those stated at the time of booking. Any cancellation made for whatever reason shall be in writing to us. Unless otherwise stated at the time of booking a 60-day notice is required for cancellation.

 

• Cancellations that are made more than 60 days prior to the check-in date will incur no penalty and a full refund will be provided. Cancellations or changes that result in a shortened stay that are made within 60 days of the check-in date forfeit the full advance payment. We will seek to re-let the Property for the period of booking. If we succeed in re-letting the Property for the whole period we will refund the monies paid less an administrative charge of £50. If we only succeed in re-letting the Property for part of the period booked we will refund an amount equal to the money paid less (1) the Rent for the period which is not re-let and (2) an administrative charge of £50. If we are unable to re-let the property at all then all monies paid by the you shall be forfeit to us.

 

• We strongly recommend you to take out Cancellation Insurance.

 

• Early departure does not warrant the refund of Rent.

 

Pets

 

• Without our prior written consent (consent not to be withheld unreasonably) keep or allow any pet of any kind or animal at the Property. There is a cost of £20 per pet per booking with a maximum 2 dogs allowed in the Property if prior written consent has been given.

• If pets are allowed, they must be kept under strict control at all times.

• Pets must not be left alone at the Property either inside or outside the Property without prior agreement. If we agree to pets being left inside the property they must be crated.

• Pets must be kept on a lead in all communal areas.

• Pets are not allowed on the furniture or beds. Any evidence of this will incur an additional cleaning charge. You are responsible for all damage and any extra cleaning caused by the pet(s) and are responsible for clearing all pet excrement.

• All pets must be treated with a topical flea and tick repellent at least 3 days prior to check-in.

• We the Owners assume no responsibility for injury or illness that may occur to pets while at the Property.

 

Additional Terms

 

• Any notice or other document must be served on the Guest or the Owners by first class post at the address given at the time of booking or personally on either party 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 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.

• The signature of the parties is not required to show acceptance of the above Terms and Conditions and these are deemed accepted at the time of booking or on taking up occupation of the Property on the day of arrival whichever shall be the earlier.

 

Your Personal Details and Privacy

 

We are required to keep a register of guests over the age of 16 who stay with us. These records are kept for a minimum of 12 months and maximum of 6 years in accordance with the Data Protection Act 1998 and the General Data Protection Regulations. You agree that this information can be disclosed to the police or local authorities during any investigation that they may carry out for example in connection with a crime or outbreak of coronavirus or other disease. You therefore agree to provide the number of guests with names for all those over the age of 16 years. For those under the age of 16 we require the number of guests and their ages.