Terms and Conditions
1. THE CONTRACT
The contract is between Fiona and Paul Dickie (the Owner) and the person completing the Booking Form (the Hirer). This agreement is made on the basis that the property (“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.
2.1 Bookings cannot be accepted from persons under the age of 18 years.
2.2 The number of persons occupying a property must not exceed 2.
2.3 The Owner reserves the right to decline any booking or refuse to hand over a key to any persons who has not complied with the booking conditions.
3.1 Provisional reservations can be accepted online on the website, by telephone, or e-mail and must be confirmed within 2 days(UK) by the arrival of the required non-returnable deposit. Unconfirmed reservations will be cancelled after 2 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 or e-mail and arrange payment of 25% of the total cost of the holiday. This deposit is non-returnable.
c. Pay the balance of the cost 42 days (6 weeks) before the holiday is due to start. Reminders are not normally sent out. If the balance is not received within the time specified the Owner reserves the right to cancel the booking and retain the deposit.
d. Bookings made within 6 weeks of the start of the holiday require full payment within 2 days of the provisional booking unless alternative arrangements are agreed with the Owner.
e. Payment for bookings can be made by a cheque drawn on a London bank in Sterling made payable to “MRS F DICKIE” or by bank transfer in Sterling, to the Owners account or online on the website by credit or debit card. The person making the payment shall be responsible for all charges incurred in making the payment.
4.1 In the event of cancellation by the Hirer the Owner will endeavour to re-let the property and if successful may refund any monies paid less the deposit that is non-returnable.
5.1 It is strongly recommended that you arrange appropriate insurance cover.
6. BOOKING ALTERATIONS
6.1 Any change in holiday dates will be subject to the agreement of the Owner.
6.2 If for reasons beyond the Owners control the Owner has to cancel arrangements made for the Hirer, the Owner will return to the Hirer any monies paid, whereupon the Owners liability will cease.
7. DAMAGE,LOSS AND WAIVER
7.1 The Hirer agrees:
a. THERE WILL BE NO SMOKING IN THE PROPERTY AT ANY TIME.
b. That the supervision of any adult requiring care remains the responsibility of the Hirer at all times.
c. To be responsible for leaving the accommodation in good order and clean condition, otherwise a charge will be levied.
d. To pay for any damage or loss however caused, excluding reasonable wear and tear incurred during occupation.
e. To allow reasonable access to the property by the Owner, or the owners employees , if deemed necessary by the Owner.
f. If in the opinion of the Owner any person is not suitable to continue their occupation of the property because of unreasonable behaviour including smoking in the property, 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.
Occupancy shall be from 4pm (1600 hours) on the day of arrival to 11am (1100 hours) on the day of departure, unless special arrangements have been made.
No pets allowed.
10.1 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.
10.2 Whilst the Owner has taken all responsible steps to ensure that the information contained in all brochures, tariffs, leaflets and advertisements are accurate the Owner reserves the right to alter, substitute or withdraw any services, facilities or amenities.
The Owner cannot accept responsibility for any material loss, damage, additional expense or inconvenience directly 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, vehicles or vehicles contents belonging to the Hirer or any member of the party during their occupancy.
12.1 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.
12.2 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 12.1 will entitle the Owner to refuse to entertain the complaint, irrespective of its
13. WAIVER AND LEGAL PROVISIONS
13.1 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.
13.2 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 Owners premises and that any proceedings between the parties shall be conducted in the County Court nearest to the Owner.
13.3 Clause headings are for convenience only and do not form part of or affect the interpretation of this Agreement.