“Owners” means S and M Leathley. “Applicants” means clients applying to rent a property. “Tenants” means Applicants when they have taken up residence. “Owners Booking Form” means the Booking Form specified by the Owners to be used by all Applicants.
“The Owners Acceptance Form” means the form issued by the Owners to the Applicants by way of acceptance of the offer by the Applicants to hire the property specified.
Applicants can reserve property over the telephone, by Fax or e-mail but, the Owners accept no liability whatsoever for such reservations. Applicants should note that no contract for any property exists between them and the Owners until the Applicants have received the Owners Acceptance Form.
3. Booking Procedure
a) The offer by the Applicants:
Bookings may only be accepted if made in writing on the Owners official Booking Form when all questions have been answered satisfactorily. For bookings made more than 6 weeks prior to the tenancy commencement date a deposit of 1/3rd of the rent must be delivered with the completed Booking Form. If a booking is made less than 6 weeks before the commencement date the full rent together with any additional charges must be tendered at the time of delivery of the Owners Booking Form.
In the event that the Owners do not accept an Applicant’s Offer all monies paid by way of deposit will be refunded immediately.
b) Acceptance by the Owners:
Following receipt of the Owner’s Booking Form as above, the Owners will accept or reject the Applicant’s offer and in the event of acceptance will forward the Owner’s Acceptance Form to the Applicants whereupon a contract will exist between the Owners and the Applicants which will be subject to these conditions.
4. Final Payment
Once the Owners Acceptance Form has been issued, the Applicants are liable for the payment of the balance of rent together with any additional charges 6 weeks before the start date of the tenancy. Non-payment by the due date will be treated as a cancellation and the Owners may re-let the property without reference to the Applicants who remain liable for payment of the full amount on the same basis as in the event of cancellation [see 5 below].
The Owners are not obliged to send reminders – the due date for the balance is indicated on the Owner’s Acceptance Form.
All Applicants are advised to take out Personal Cancellation Insurance. Any request to cancel a booking must be sent or delivered to the Owners in writing signed by the Applicant. Whilst the Applicant remains liable for the final payment by the due date as shown on the Owner’s Acceptance Form the Owners will offer the property for let and will use whatever means they consider reasonable to re-let the property for the period booked. If the Owners are successful the Applicant will be refunded the difference between the monies they have paid less the sums receivable from the re-letting after deduction of all costs and expenses incurred by the Owners which shall include a fee of £25 per week booked by the Applicant.
6. Price Changes
The Owners reserve the right to amend prices quoted in the Brochure due to errors or omissions or changes in the VAT rate.
7. Method of Payment
Payment may be made by cheque, postal order, credit/debit cards [Visa, MasterCard, Maestro, Visa Debit, Switch, Solo, Visa Electron or JCB]. If paying by card please ensure that the cardholders name, address, telephone number and the expiry date of the card are included on the Owners Booking Form.
Cheques or postal orders should be made payable to S and M Leathley. In no circumstances are post-dated cheques acceptable. Any charges raised against the Owners by their bank for handling dishonoured cheques will be passed on to the Applicant.
8. Authority to Sign
The Applicant acknowledges that he/she/they are authorised to sign the Owner’s Booking Form on behalf of all persons who will occupy the property for the period for which it has been booked and that all those persons are aware of the Booking Conditions. The Applicant shall be a member of the party occupying the property and be over the age of 18 years, and is/are required to acknowledge the following:
a) Each member of the party must be listed on the Owner’s Booking Form and any change in the members of the party shall be notified in writing to the Owners as soon as is practicable who may, at their discretion, refuse to accept any such change in which event the booking shall be deemed to have been cancelled subject to Clause 5 above.
b) The property details state the maximum number of persons permitted to occupy the property and grounds. Any breach of this provision will constitute a breach of contract whereupon the Owners may terminate the booking forthwith in which event all monies paid by the Applicant will be forfeit.
c) The Owners reserve the right to refuse admittance of any party if in the Owner’s absolute opinion the Applicant or any person of the group is unsuitable for the property due to age, ill health, disability, inexperience or any other good and proper reason not otherwise being a breach of these conditions. In such an event all sums paid by the Applicant shall be repaid in full and the Contract shall be discharged without further liability on either party.
d) The Owners reserve the right to re-possess the property at any time where damage has been caused by the Applicant or any member of the group or in the Owner’s absolute opinion is likely to be caused by the Applicant or any member of the group or other person visiting the property at the invitation of any such person. In such an event the Owners shall not be liable to make any refund whatsoever.
Bookings will not be accepted from:
a) Applicants under the age of 18 years.
b) Groups of single persons under the age of 25 or single sex groups, except by prior arrangement.
10. The Tenancy
This agreement is made on the basis that the property is to be occupied by the Tenant for a holiday as mentioned in the Housing Act 1988 Schedule 1, paragraph 9 and the Tenant acknowledges that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
11. Tenants’ Obligations
The Tenants agree
a) To pay for all telephone charges incurred during a tenancy by tendering credit card details upon arrival.
b) To pay for any losses or damages to the property, however caused. [Reasonable wear and tear excluded] unless the cost of making good such loss or damage can be fully recovered under any householder’s insurance policies maintained by the Owners.
c) To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy. A cleaning service is not provided during the tenancy unless otherwise requested.
d) To permit the Owners and any Agents or Licensees reasonable access to the property.
e) Not to part with possession of the Property or share it except with members of the party identified on the Booking Form.
f) Not to cause any annoyance or become a nuisance to occupants of adjoining premises.
a) The use of the property or any amenity that may be provided by the Owners are entirely at the Tenant’s risk and no responsibility can be taken for any loss, damage or injury to persons who make use of them or any belongings of the persons who use them.
b) All cars and other vehicles are parked entirely at the Tenant’s risk. The Owners can take no responsibility for any loss or damage to any car, vehicle or any contents thereof.
c) Whilst the Owners will endeavour to return any baggage or personal property left behind after the holiday [subject to a charge which may be deducted from the Security Deposit] they can take no responsibility in respect thereof.
The properties are close to unfenced waterways. You must be entirely responsible for the safety of any children staying in the property or being there at your invitation. Strictly NO SWIMMING in the waterways.
13. Refundable Key Deposit
Applicants are required to lodge a Security Payment of £100.00 or £50.00 per property with the Owners with the Final Payment. This sum will be held to cover losses, damage and additional cleaning charges that might arise if the property is left in an unsatisfactory condition. Charges for extra services may be deducted from this payment in addition to the charges that may have to be applied due to an alteration in VAT or other expenses. This deposit less any deductions will be refunded within fourteen days after the tenancy ends.
14. Duration and Times of Letting
All properties are available for short and long term breaks throughout the year unless otherwise stated on our Price List.
Properties are accessible no earlier than 4.00pm on the day of arrival and must be vacated by no later than 10.30am on the day of departure unless otherwise agreed.
Weekly breaks are to run from Friday to Friday unless otherwise agreed. The period booked cannot be extended unless approval in writing is given by the Owners. Tenants will be liable for any costs incurred because of an authorised extension.
15. Non-Availability of Property
If for any reason beyond the Owners control the property is not available on the date booked [owing to fire damage for example] or the property is unsuitable for holiday letting, all rent and charges paid in advance by the Applicant will be refunded in full but the Applicant shall have no further claim against the Owners.
All complaints should be notified to the Owners’ Manager immediately so that the matter can be investigated and, if necessary, remedial action taken. In no circumstances will compensation be paid in respect of complaints raised after the tenancy has ended in circumstances when the Tenant has not drawn the matter to the Owners attention, or has denied the Owners the opportunity of investigating the complaint in order to put the matter right during the tenancy.
Pets are only allowed by prior permission from the Owners at the standard charge as quoted on the Booking Form. If this provision is broken by any Tenant the Owners reserve the right to terminate the tenancy forthwith whereupon no refund shall be made whatsoever. There must be no more than two dogs in the cottage at any time. All dogs must be kept under strict control at all times whilst on the property. Any fouling of lawns, paths etc. must be cleared up without delay. The Tenant must bring the dogs bedding. Dogs must not be left in the property unattended. Dogs are not allowed on beds, chairs or settees.
A comprehensive inventory is provided with each property. Any discrepancy with the inventory must be reported to the Owner’s Manager within 24 hours of arrival otherwise it will be assumed that the inventory is correct.
The Owners or their Manager or other representatives shall be allowed access to the properties at any reasonable time during the tenancy.
21. Breach of Contract
If there shall be a breach of any of these conditions the Owners reserve the right to re-enter the property and terminate the tenancy without prejudice to any other rights and remedies of the Owners.
22. Law of the Contract
The Contract is deemed to have been made in Frome, Somerset and is subject to the laws of England and Wales.
In the event of a discrepancy between these Booking Conditions and any other contents of any brochure, these conditions shall prevail.