TERMS AND CONDITIONS
In these terms and conditions:
- The ‘Holiday Let’ means the agreement made on the date shown on the Booking Form between us (the Owner) and You under which the Owner grants to you and Your Party licence to occupy the Holiday Property for the Holiday Period for the purpose of a holiday subject to the Terms and Conditions.
- The ‘Booking’ means the agreement for the Holiday Let
- The ‘Booking Form’ means the form sent to you by letter, e-mail or any other electronic form confirming the agreement for the Holiday Let for the Holiday Period.
- The ‘Commencement Date’ means the date shown on the Booking Form as the commencement date of the Holiday Period.
- The ‘Departure Date’ means the Departure Date referred to in the Booking Form as the date on which you are required to vacate the Holiday Property.
- The ‘Deposit’ means the deposit referred to in the Booking Form.
- The ‘Housekeeping Deposit’ means the amount stated at the time of booking in respect of the Holiday Property.
- The ‘Holiday Cost’ means the Holiday Cost stated in the Booking Form and includes the Housekeeping Deposit.
- The ‘Holiday Property’ means the property referred to in the Booking Form.
- The ‘Holiday Period’ means the period from 4:00 pm on the Commencement Date to 10:00 am on the Departure Date.
- The ‘Owner’ means the owner of the Holiday Property.
- ‘These Terms and Conditions’ means the terms and conditions (including the definitions) set out in this document.
- ‘You’ means the person or persons referred to on the Booking Form as the customer.
- ‘Your Party’ means the other person or persons staying with you at the Holiday Property.
- Nature of the Agreement
The contract for the rental of the property is made between You and the Owner. This Holiday Let is granted by the Owner to You for the purpose of a holiday and is not intended to create the relationship of landlord and tenant between the parties. You shall not be entitled to a tenancy, or to any form of statutory security of tenure either now or when the Holiday Period ends.
1.1 – Suitability for your needs:
You agree that You will take reasonable steps to ensure that the property You book is suitable for your needs. This may include issues such as property type, location, access, facilities, layout, grounds/garden and so on. The Owner will answer any queries about properties in order that you can make a fully informed decision about a property’s suitability prior to making a confirmed booking. A confirmed booking is deemed to have been created at the point when the deposit for the rental is paid. If You are not sure if the location is suitable for Your requirements, You must enquire with the Owner to satisfy yourself the property is in a suitable location/setting for You.
- Licence to Occupy
The Owner permits you to occupy the Holiday Property as stated in the Booking Form for the Holiday Period for the Holiday Cost and to the use of the furnishings, kitchen equipment, crockery, glasses, bedding and towels provided in the Holiday Property.
- Owner’s Obligations
The Owner will subject to condition 12 and except in an emergency, allow You and Your Party enjoyment and use of the Holiday Property for the Holiday Period free of interruption except for any purposes detailed in section 5.1
The Owner confirms that:-
- The furniture and furnishings comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended
- That the electrical appliances and equipment provided by the Owner are safe and will not cause danger and that all electrical appliances and equipment manufactured after 19 January 1997 are marked with the appropriate CE (European Conformity) symbol and that electrical equipment conforms to Electrical Equipment (Safety) Regulations 1994
- That they have complied with the requirements of the General Product Safety Regulations Act 2005
- That they have complied with the Gas Safety (Installation and Use) Regulations 1998 and the Safety Certificate is available for inspection by You at the registered office of Lakelovers.
- That they will ensure that any private water supply is tested in accordance with local authority requirements for testing for potability.
- Your Obligations
You or Your Party must:-
5.1 allow the Owner access to the Holiday Property at all reasonable times and in the case of emergency at all times with or without You or Your Party being present to enable maintenance work to be carried out, allow visits to enable the Owner to comply with all relevant statutory requirements and the requirements of all regulatory bodies to which the Owner belong relating to the Holiday Property, allow visits (following advance notification to You) by inspectors representing Visit England to conduct their annual star rating assessment of the Holiday Property You are staying in.
5.2 keep the Holiday Property and furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for the cost of repairing any damage to the same. Not cause any damage to any part of the Holiday Property, its fixtures, fittings, décor, equipment or grounds (within the curtilage of the Holiday Property). Failure to uphold these obligations may lead to a claim against You for costs pursuant to conditions 8.1 / 8.2.
5.3 not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises.
5.4 not smoke in any part of the Holiday Property. If it is evident that smoking has occurred during Your stay you may be required to vacate the property and forfeit the remainder of Your booking. At the departure date no sign of smoking shall be evident at the Holiday Property, otherwise a charge may be made to rectify issue caused by the effects of members of Your party smoking,up to and including liability for the cost of cancelling all or part of any subsequent booking if the property has been rendered uninhabitable.
5.5 not do or permit any act that would make any insurance policy on the Holiday Property void or voidable or increase the premium to include over occupation of the property, i.e. no more than the advertised number of occupants designated for the property may occupy the property to include infants/babies. You must not permit temporary visitors to the Holiday Property to stay overnight nor block any fire escape routes or access to opening windows. Should you breach this term You may be required to vacate the Holiday Property with the booking being treated as if it had been cancelled by You. In such a situation You will forfeit the value of any unexpired portion of your stay and no consideration will be made towards any associated costs You may incur as a consequence of You being required to vacate the property.
5.6 not bring any pet to the property.
5.7 Vacate the property by 10am on the departure date. Failure to do so will result in You being charged a further day’s proportionate holiday cost at the prevailing tariff into which Your occupation extends.
- The Holiday Period
The Holiday Period will commence at 4:00 pm on the Commencement Date and you must have vacated the Holiday Property with Your Party and effects by 10:00 am on the departure date. Failure to do so will result in You being charged a further day’s proportionate Holiday Cost as per condition 5.7.
Bookings lasting longer than 28 days are treated as ‘long lets’. All terms included for standard shorter duration bookings apply to long lets. In addition, the following conditions also apply:
The property is let to you for the purposes of an extended holiday only and no rights of tenancy are implied through a stay lasting longer than 28 days. Occupancy of the property is restricted to one party only and the Owner may ask for details of the members of the party to ensure the property owner’s insurance is not invalidated through over occupancy or any other reason pertaining to an unsuitable party composition.
Fair usage of utilities is a condition of long lets. The owner reserves the right to terminate any long let where an excessive use of utilities (electricity, gas, water, broadband services) is deemed to have occurred. Any damages to the property must be reported during the stay, not after departure, to allow for investigation. Failure to report damage to the property during your stay may result in the damage being harder and more costly to rectify. See clauses 5.2, 8.1 and 8.2.
Cleaning and linen changes are subject to agreement on an individual basis. There may be extra charges for cleaning and linen/ towels depending on the frequency required for these services. We will agree these charges with You before confirming the booking.
- The Housekeeping Deposit
8.1 The Housekeeping Deposit (the cost of which is stated on the booking form or notified to you verbally if booking via telephone) will be held by the Owner to be applied against the reasonable costs of miscellaneous repairs and/or replacement and additional cleaning of furnishings, kitchen equipment, crockery, glass, bedding and towels damaged or soiled otherwise than by usual wear and tear during the Holiday Period by You or other members of Your Party. The balance of the Housekeeping Deposit will be returned to you within 21 days of the Departure Date where it is deemed by the Owner You have no liability to such costs. Where such costs exceed the Housekeeping Deposit for the property you have booked, You will pay such excess to the Owner within 14 days of being notified of the excess. Please note: criminal or wilful damage will not be covered by this deposit.
- Keys and Parking Permits
The Owner will issue to you one set of keys to the Holiday Property at the Commencement Date. You must return the keys to the Owner on the Departure Date as directed by the Owner. If you lose a key, the Owner will replace it upon you paying the reasonable costs of having the replacement cut or alternatively the cost of replacing the key will be deducted from the Housekeeping Deposit.
10.1 Electricity, gas and oil are included where applicable in the Holiday Cost. The Owner reserves the right to charge You for any excessive use of electricity, gas, oil, telephony, TV services or WiFi. where applicable.
10.2 Fuel for open fires/stoves is not provided unless specifically advertised as being provided. If inappropriate fuel is used on an open fire or stove you will be liable for the cost of making good any damage. If You are in any doubt about how to use an open fire/stove or what fuel to use, You must first check with the Owner.
10.3 Wi-Fi is usually provided free of charge. No warranty is given as to the speed of wi-fi service nor its reliability as these factors vary considerably according to location, service provider and other factors. Wi-fi service is provided with the expectation that speeds/ data allowance may be limited and no compensation will be given as a consequence of slow speeds / over consumption of data usage. If there is a data allowance limit advertised and you use up the advertised data usage allowance during your stay, the Owner reserves the right to either: i) charge you a supplement for a data allowance top up, or ii) decline to top up the data allowance. Wi-fi may not be available at all times and is provided for (pleasure) personal, and not business purposes only. Bookings cannot be accepted if they are solely reliant on the provision of uninterrupted and unlimited Wi-fi.
11.1 The Owner will not be responsible for providing cots, high chairs, food, washing up liquid, dishwasher and washing machine powders other than a ‘starter pack’ to include a limited supply of washing up liquid, dishwasher tablets, ‘J’ cloth, tea towel and scouring sponge.
11.2 Clean bed linen will be provided at the commencement of the Holiday Period. No change of bed linen will be provided except where the duration of the rental period exceeds a period of 14 days or longer in which case a change of bed linen and towels and full clean of your accommodation will be provided midway through your stay and usually on the 8th day of your holiday, i.e. Friday for Friday changeovers and Saturday for Saturday changeovers.
You may refuse this additional service of linen, towel change and full clean by contacting us prior to the day when the clean is scheduled to take place.
11.3 One standard size bath towel and one hand towel are provided for You and each member of Your Party. A charge will be deducted from the Housekeeping Deposit in respect of each towel lost or damaged.
11.4 In case of any failure of any domestic appliances and equipment, You must report the failure to allow attempts to repair such items wherever practicable. Compensation for non working appliances/ equipment will not be given where access to the property for the purpose of attempted repair is denied by You.
The Holiday Property must not be used except for the purposes of a holiday by You and Your Party during the Holiday Period and not for any other purpose or longer period. See section 5.7
- Early Termination
This Holiday Let may be terminated before the end of the Holiday Period by the Owner directly giving You notice of termination in the event of You or a member of Your Party being in material breach of these Terms and Conditions. The let may also be terminated by reason of fire or other event which renders the property uninhabitable. In the case of termination otherwise than by reason of your breach or the breach of a member of Your Party, the Owner shall return to You the appropriate proportion of the Holiday Cost attributable to the unexpired remainder of the Holiday Period and the balance due of the Housekeeping Deposit. No refund of the waiver fee (if paid) shall be made.
The Owner reserves the right to cancel the Holiday Let where operational circumstances cause the Holiday Property to become unavailable or uninhabitable during the Holiday Period.
- Cancellation by You
15.1 If You cancel the Holiday Let, You are still liable to pay the balance of the Holiday Cost.
15.2 The Owner will seek to re-let the Holiday Property at the best possible price for the Holiday Period (but not necessarily at the Holiday Cost advertised. If the Holiday Property re-lets for the Holiday Period, monies received by the Owner will be used to refund You for the Holiday Cost paid less an administration Holiday Cost of £30.00, any extras already paid and a handling charge of £50.00. This refund will be made within two weeks of the end of the Holiday Period.
15.3 No refunds will be given for cancellations made within the four week period prior to the Commencement Date of the Holiday Period.
15.4 Voluntary curtailment. If You depart voluntarily from the property before the end date of the rental period, no refund shall be given in respect of the portion of the rental period when you do no not occupy the property. See also conditions 21, 25.
- Website Accuracy
Details of the Holiday Property given are accurate at the time of publishing on the website. The Owner reserves the right to make alterations to their website at any time and you are advised to view the most up to date details of the Holiday Property on the website.
- Lost Property
The Owner will retain any items left at the Holiday Property for a period of 28 days from the Departure Date. Items will be returned to You if requested, at a cost of £10.00 plus postage and packing. The Owner does not accept responsibility for the safe carriage of any items returned. Items of food and drink will not be returned.
18.1 Pets are not allowed at the Holiday Property.
The Owner can accept responsibility or pay any compensation where the Holiday Let is frustrated in circumstances amounting to force majeure, including events such as the destruction and damage of the Holiday Property through fire, flood, explosion, storm or weather damage or adverse weather conditions, neighbouring building works, noise disturbance burglary, criminal damage, riot or civil strife, industrial action, natural or nuclear disaster, war or threat of war, actual or threatened terrorist activity, non-availability of public transport, destruction/interruption of utility services, epidemic, temporary invasion by pests and/or similar situations beyond the control of the Owner, either before the Commencement Date or during the Holiday Period.
20.1 Vehicles are parked and left at the Holiday Property entirely at your own risk.
No liability is accepted by the Owner for access difficulties to the Holiday Property caused by weather conditions affecting public and private roads. Every effort will be made to keep you informed of adverse weather conditions via the website /social media, which may affect public or private access to the property, however, road conditions can change rapidly. Therefore, you are strongly advised to seek the latest information relating to access prior to setting off on your journey – see term 15.3
- Water/Utility Supply
22.1 The Owner cannot accept responsibility for water shortages caused as a result of drought conditions, emergency works by utility operator(s) (to include electricity, gas or wi-fi) or an act of omission of the relevant utility operator or any other cause outside the control of the Owner.
- Refuse Collection
You are required to put refuse/recycling in the appropriate place to await collection in accordance with the instructions left at the Holiday Property. You are also required to return the bin to the appropriate location following collection. Notify the Owner if a collection is missed.
If problems do occur for whatever reason, we provide our own in-house services to rectify problems whenever possible. The contact number to call out the Owner is 017687 76241. This number is given on booking confirmation correspondence, customer feedback forms and property information folders within properties.
Contact details for the Owner’s approved contractor(s) will be left in the property information folder. The Owner or their appointed representative /contractors should be the first person you call if there is a fault in the property.
If a complaint is not resolved by our own staff, Owner, or associated contractors following your first report, we will put into place the following procedure:
With reference to our booking conditions, the following procedures shall apply:
- If you are staying at the property when the unresolved complaint is escalated, then you must contact the Owner by telephone, email or in person to report the issue(s) at the earliest opportunity and provide evidence if possible.
- We can be contacted on our number (017687 76241). This number is given on booking confirmation correspondence and property information folders within properties.
- If you do not have phone reception at the location where you are staying you must make reasonable efforts to make a call from a nearby public telephone or send us an email.
In order for us to deal with a complaint in these circumstances it is essential that you give the Owner reasonable opportunity to rectify the problem. This includes allowing the Owner or contractors access to the property at a reasonable time to assess and rectify any problems (see condition 11.5, 15.4). No compensation will be offered where opportunity to rectify problems is denied by You. You must not vacate the property as a consequence of any complaint raised by You (unless there is an evident danger to You or Your party) until the complaint can be assessed by the Owner and reasonable attempts to rectify the problem(s) can be attempted. Any consideration of compensation will be affected by You allowing or frustrating such reasonable attempts to rectify any problem(s)
If you are not satisfied by the attempts to resolve the problem(s) and you have left the property, you are requested to put your comments in writing (by email, letter or Customer Questionnaire) and send to our Office. We will endeavour to respond to all such complaints within 28 days of receipt. Where this is not possible you will be advised of the estimated resolution timescale.
- Data Protection
Please see our Privacy Notice available on our website at http://www.herdwickcroft.co.uk/privacy-notice/ which explains how we process your personal data.
The Owner reserves the right to change these Terms and Conditions at any time.