By booking our accommodation, you are entering into a short-term holiday letting agreement (see below) with the owners Clive Franklin & Serena Davies.
Summary of terms & conditions:
1. You are entitled to occupy the property for holiday use only. You agree not to use or occupy the property in any way other than as a private holiday resident for the duration of your stay.
2. No other guests are allowed to use or stay at the property without prior agreement with us. You and other members of the group must not exceed at any time the number of sleeping places as agreed on booking or include those that are not on the original booking form. Our representatives or us have a right at all times to refuse access to the property for people who are not our guests.
3. You agree that no excessive music is to be played that may cause a nuisance to neighbouring properties and that there will be no outside noise after 10pm.
4. You agree to no parties at the property.
5. You will allow us or anyone with our written permission to enter the property at any reasonable time of the day to check the property’s condition and state of repair or to carry out any necessary repairs.
6. You agree to keep the property in a good and clean condition.
7. We will not be liable for theft or loss or damage to your personal belongings.
8. You agree not to smoke anywhere in the property or in close vicinity.
9. You agree not to conduct any illegal activity at the property. This would result in an immediate termination of your stay without refund.
Full terms and conditions of hire
These Terms and Conditions of Hire are a contract between Clive Franklin & Serena Davies (“us”, “we”, “our”) and you, the person making the booking and all adult members of your party who will be staying in any of our accommodation (“you”, “your”, “client”, “guest”). By making a booking or staying at one of our properties you agree to abide by these terms and conditions.
1.1 Your stay with us is not intended to confer exclusive possession on either the client or guest nor to create the relationship of landlord and tenant between Clive Franklin & Serena Davies and either the client or any guest. You agree that the purpose of the letting is for a holiday/short-term stay, and therefore that you will not be entitled to any rights under any statutory provision including, without prejudice to the foregoing generality, the Rent Act 1977, any assured tenancy or assured short hold tenancy under the Housing Act 1988, or any tenancy arising under or in terms of, including in each case any amendment or re-enactment of any such statute for the time being in force.
Agreement for occupation
2.1 Agreed to hire period only and subject to these Terms and Conditions of Hire, such occupation by you personally and only such guests named in the Booking. The actions and omissions of any visitor to The property are your responsibility. See also your obligations under clause 9 below.
2.2 Unless otherwise agreed, you may arrive at your accommodation from 3pm on the start day of your booking and, unless otherwise agreed, you must leave by 10am on your last morning.
2.3 If the number of people permitted to occupy the property is exceeded without prior agreement with the owners (which would be in breach of Health and Safety Regulations) we reserve the right to require the excess occupants to vacate the property and in some cases terminate this contract with no refund.
2.4 CCTV is used at the property externally for security and insurance purposes.
2.5 Children must be strictly supervised at all times.
2.6 We expect The property to be left in a reasonable state on departure, including taking recyclables to the recycling area in the main court yard by the goats.
Paying for your accommodation
The following terms apply to payment:
3.1 Payment of a 20% initial payment plus booking fee is due at point of booking.
3.2 The remaining balance of is due 8 weeks before arrival.
Loss and damage
4.1 Please ensure that you inspect the property upon check-in. Unless we receive notification otherwise within one working day of check-in we will be entitled to assume that you have fully accepted that the condition of the house is in good repair, condition, and a clean and tidy state and you will waive any right to claim otherwise.
4.2 Risk of damage to the house and its contents will pass to you on the check-in and remain with you until the house is returned to us. You shall be liable for all loss or damage (except fair wear and tear) caused during the rental period, and for any reasonable loss of rental resulting from such loss or damage.
Cancellation of your booking by us
5.1 In the unlikely event that we have to cancel your booking we will use all reasonable efforts to contact you as soon as possible to explain what has happened and inform you of the cancellation. We will refund any money you have paid to us within 7 days of any cancellation.
5.2 We shall not be liable for changes, cancellations or any other effect on your booking due to events beyond our reasonable control (force majeure), including (by way of example only and without limiting the generality of the foregoing) terrorist activity, industrial disputes, natural or manmade disasters, fire, pandemics and adverse weather conditions.
Cancellation or changes to your booking by you
6.1 We will endeavour to accommodate your requests for alterations of your Booking, subject to availability of the house if the alteration is requested 8 weeks in advance of your arrival date.
6.2 If you choose to cancel within 8 weeks of arrival we will refund any money you have paid to us within 7 days of cancellation minus the booking fee.
6.3 Between 8 weeks and 4 weeks of your arrival 50% of your booking will be refunded minus the booking fee.
6.4 Between 4 weeks and 2 weeks of your arrival date 25% of your booking will be refunded minus the booking fee.
6.5 If you choose to cancel within 14 days of your arrival date, or in the case of a no-show, the total price of the reservation will be charged.
Clause 5.3 applies.
Our liability for death, personal injury, loss of property, etc
7.1 We shall have no liability to you for the death or personal injury to you or any members of your party unless this results from an act or omission on our part.
7.2 You must take all necessary steps to safeguard your personal property and we accept no liability to you in respect of damage to, or loss of, such property unless caused by negligence on our part.
7.3 Cars and their contents are parked at their owners’ risk. Please ensure that cars are locked and possessions are left out of sight.
7.4 Property left in the house will be kept for collection or forwarded at the guest’s expense.
7.5 We do not exclude liability for fraud, and your legal rights are not affected by any term in this Agreement.
Access to the property
8.1 Unless otherwise agreed, the owners will issue to the guest one set of keys to the house. If at any time the guest loses the keys, they must notify us as soon as possible.
8.2 We will retain keys to the property and will access the property to provide the services set out in this agreement and any necessary maintenance and also to inspect the property and carry out repairs to the structure, roof, exterior or any services, appliances or equipment therein. We reserve the right to enter the property at any reasonable time during your stay for essential maintenance or if we suspect damage has been caused or in case of any emergency. We will make reasonable efforts to contact you before entering the property.
8.3 On check-out, the keys are to be left in the property and the door unlocked on your departure.
The guest will guarantee the following:
9.1 When guests with small children occupy the property, the guests undertake to supervise them at all times.
9.2 Guests will not do anything that may cause a nuisance or annoyance to the owners or any other occupier of another house in the vicinity or do anything at the property that is illegal or immoral.
9.3 At the end of this agreement, the property is cleared of the guest’s effects and left in good repair and clean condition. The client will pay for the repair or replacement of such items of the fixtures, furniture, furnishings, and other effects as shall be broken, lost, damaged, or destroyed save for reasonable wear and tear.
9.4 Guests will use the Property for private residential purposes only and not for any business use.
9.5 Guests will not leave the entrance door or windows to the property open when not in the accommodation or during bad weather
9.6 Guests will not change any lock to the property or have any duplicate keys made.
9.7 Guests will notify us as soon as is practicably possible of (a) any plumbing, electrical or general problem or (b) any damage to the property or its contents, and shall desist from attempting to remedy such problem on their own.
9.8 Guests will notify us of any damage to the property or its contents as soon as is practicably possible.
9.9 Guests will use all equipment provided at the Property strictly in accordance with its operating instructions and not for any purpose other than its intended use.
9.10 The number of people occupying the property does not at any time exceed the maximum number of permitted occupants.
Termination of this agreement
This agreement may be ended by us with immediate effect if:
10.1 Any of the terms or conditions set out in this document are breached or the accommodation fee is not paid on the payment day.
10.2 The guest becomes bankrupt, has an administration order made against him or her or has a judgement enforced or entered against him or her.
11.1 We are required to gather certain personal data about guests to satisfy operational and legal obligations. This personal data will be subject to the appropriate legal safeguards as specified in the Data Protection Act 1998. We fully endorse and adhere to the eight principles of the Data Protection Act. These principles specify the legal conditions that must be satisfied to obtaining, handling, processing, transportation and storage of personal data. The principles require (amongst other things) that the personal data shall be obtained for a specified and lawful purpose and shall not be processed in any manner incompatible with that purpose.
12.1 All complaints should be notified as soon as possible to us (contact details below) and we will do our best to resolve them in a timely manner.
12.2 If you are still not satisfied then within 14 days of the end of your stay, you should put your comments in writing to our email address below, and we will use all reasonable efforts to resolve the matter as quickly as possible.
13.1 As the Property is in England, the agreement between us and all matters arising there from are subject to the law of England and Wales and, in the event of a dispute; you will be subject to the exclusive jurisdiction of the courts of England and Wales.
14.1 If any provision (or part-provision) in these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If not possible, it shall be struck out.
The rest of the agreement shall remain enforceable.
15.1 In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires:
“Additional Charge” means a charge or fee that is added to the rental and includes those specified as an ‘additional charge’ in these terms and conditions or the Booking, and also any other reasonable charge or fee incurred by you under these terms and conditions.
“Us” or “We” refer to Clive Franklin & Serena Davies offering short term accommodation.
“Guest” is any adult who arranges the accommodation and/or is authorised by us to reside at the property.
“Property or House” is the accommodation owned and managed by Clive Franklin & Serena Davies.
“Booking” means an offer from you to us to hire the property on the terms of this agreement following your provision of sufficient information to enable us to complete our booking process via email.
“Furniture and appliances” means such furniture and appliances usually found within the apartment and any other items which we agree to provide.