Terms & Conditions Example
THIS IS AN EXAMPLE - SCRUMPY LTD TAKE NO RESPONSIBILITY FOR THESE TERMS & CONDITIONS. PLEASE SEEK LEGAL ADVICE BEFORE USING THESE TERMS AND CONDITIONS ON YOUR WEBSITE
PLEASE READ THESE CONDITIONS CAREFULLY, WHEN YOU MAKE A RESERVATION YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS
"Owner" means, owner of the property being rented;
"Applicant" means clients applying to rent property
"Tenants" means Applicants that have taken up residence in a property;
"Booking Form" means the booking form specified by the Owner to be used by all Applicants.
- Duration and Times of Lettings:
The Applicant can occupy a reserved property from 1600 hours on the first day of the reservation, and the Applicant must ensure that he and any third parties who have been in occupation of a property as a result of a reservation leave prior to 1000 hours on the date of departure as indicated on the Booking Form.
- Reservation Procedure:
Applicants can provisionally reserve the property over the telephone but no contract shall exist between the Applicant and the Owner until the terms and conditions have been agreed to and the Owner has received the relevant payment in accordance with and subject to the provisions of Condition 4 at which time the reservation will be confirmed subject to the Booking Form having been submitted with all required information to the satisfaction of the Owner.
- Payment Procedure:
For reservations made more than 12 weeks prior to the commencement date a booking fee of 20% of the total amount due must be sent with the completed Booking Form. If a reservation is made less than 12 weeks before the commencement date the total amount due together with any additional charges must be tendered at the time of submission of the Booking Form. In the event that the Owner does not accept an Applicant's reservation all moneys paid will be refunded immediately.
The balance of the full amount due in respect of the reservation and any additional charges are due 12 weeks before the commencement date.
Non payment of any sum by the due date will be deemed to be a cancellation and the Owner may re-advertise the property for reservations without prior notice to the Applicant. The Applicant shall remain liable for payment of the full amount due in respect of the reservation in accordance with the provisions of Condition 4.
Payments under these Conditions may be made by cheque (not post dated), bank transfer or credit card. Any charges raised against the Owner by their bank for handling dishonoured cheques or direct debit payments shall remain a liability of the Applicant and payment of any such charges will be paid onto the Applicant.
In agreeing to these terms and conditions the Applicant acknowledges and accepts that they are entering into a direct contract with the Owner in respect of the letting of the Property.
ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.
Any request to cancel a booking must be made in writing to the Owner. The Applicant shall remain liable for all the payments due in respect of the reservation whether or not they have been paid at the time of cancellation. The Owner will offer the property for reservation and will use his reasonable endeavours to obtain a reservation for the property in respect of the cancellation period.
The Owner reserves the right to amend the price quoted in the brochure or rates sheet due to errors or omissions or changes in the VAT rate. In such circumstances the Owner will contact the Applicant. If the Applicant does not wish to pay the increase the Applicant shall be entitled to cancel the reservation and receive a full refund for all monies paid in respect of the reservation providing notice of cancellation is given in accordance with the provisions of Condition 4 and within 7 days from the Applicant receiving notice of the amendment to the price to be charged from the Owner.
Once a reservation has been confirmed in accordance with the provisions of Condition 3, should the Applicant require an amendment to any of the information provided on the Booking Form a fee of £35 shall be charged to the Applicant.
- Applicant's Obligations:
The Applicant agrees:
- to pay for any losses or damages to the property or its fixtures, fittings or decor, howsoever caused (reasonable wear and tear excluded);
- to take good care of the property and leave it in a clean and tidy condition at the end of the tenancy (extra cleaning can be charged);
- not to smoke at the property;
- not to cook anywhere on the property other than in designated kitchen areas; and
- not to bring any pets to the property unless previously agreed in writing with the Owner.
- Damages and Damage Deposit:
Some property owners require a damage deposit. You may be required to make this payment either by cash, cheque or bank transfer before your arrival at your accommodation. You will be notified in advance if this is the case. This amount is fully refundable providing the property is left clean and tidy, that there have been no breakages, extra cleaning required or any extra people found to be staying at the property.
In the event that the Applicant or anyone staying at the property during the Applicant's reservation period causes damage or incurs a need for professional cleaning services or leaves the property without settling invoices for additional services or supplies received during the Applicant's reservation period the guest will be notified in writing of the details of any extra costs incurred within 10 working days after the end of the reservation period and this amount shall be deducted from the Damage Deposit, if one has been taken, or payment will be required by the applicant.
- Swimming Pool and Spa Equipment:
The Applicant agrees that the use of any swimming pool facility and spa equipment is at the Applicant's (or any third party residing in the property during the period of the Applicant's reservation) risk in all respects. The Applicant agrees to observe the "Regulations and Conditions Governing the Use of Swimming Pool, Spa and Ancillary Equipment" which form part of these Conditions and to ensure that any third party residing in the property during the period of the Applicant's reservation also abides by the same.
- Authority to Sign / Miscellaneous:
The Applicant acknowledges that he/she/they are authorised to sign the Booking Form on behalf of all persons who will occupy the property throughout the duration of the reservation and that those persons are aware of the terms of these conditions.
The Applicant shall be a member of the party occupying the property and hereby agrees to the following:
- if the majority of the individuals residing in the property during the period of the Applicant's reservation are under 30 years old, or if the party are all of the same sex, the Owner must be notified in writing;
- there is no charge for extra children under the age of 2 although this is restricted to a maximum of two unless arranged directly with the Owner;
- the property details state the maximum number of persons permitted to occupy the property and grounds at anytime;
- no smoking is permitted with in the property;
- you must not cause a nuisance or disturbance to neighbouring accommodation or behave in an unreasonable way. The playing of music or making a noise which is clearly audible in a nearby accommodation is not permitted after 11.00 pm.
- no subletting of the property, in part or full, is allowed, unless in total agreement with the owner at the time of booking.
Any breach of these provisions will constitute a breach of contract, the Owner may terminate the reservation forthwith in which event all moneys paid by the Applicant will be forfeited and the Applicant and any third party residing in the property during the period of the Applicant's reservation may be required to vacate the property with immediate effect.
The Owner reserves the right to take possession of the property at any time where damage or nuisance has been caused by the Applicant or any third party residing in the property during the period of the Applicant's reservation. In such an event neither the Owner shall be liable to make any refund of any monies paid by the Applicant whatsoever.
- Restricted Mobility Applicants:
Where the access to, layout or other physical feature of a property may be reasonably foreseen to cause individuals with restricted mobility difficulties the Owner has endeavoured to ensure that the information provided in respect of the property has made this clear. Applicants are required to inform the Owner in writing on submission of the Booking Form of the requirements of any third party due to be residing at the property during the Applicant's period of reservation with regard to any restricted mobility issues that may exist.
Please note that the Owner does not accept any responsibility for the provision of equipment or any form of care required by any person due to any form of disability or restricted mobility regardless of the cause.
- The Reservation:
The reservation confers upon the Applicant the right to occupy the property for a holiday within the meaning of Section 9 of the Rent Act 1977.
- Non-Availability of Property:
If for any reason beyond the control of the Owner the property is not available on the date booked or the property is unfit for purpose, the Owner can not accept any responsibility or pay any form of compensation where the circumstances causing the non-availability of the property amount to "force majeure".
Circumstances that will be deemed to amount to "force majeure" include destruction or damage to the property as a result of fire; flood; explosion; storm or other weather damage; break-in or other criminal damage or any other occurrence beyond the reasonable control of the Owner.
All monies paid in advance by the Applicant will be refunded in full but the Applicant shall have no further claim against the Owner.
This Condition 14 sets out the entire financial liability of the Owner (including any liability for the acts or omissions of its employees, consultants and subcontractors) to the Applicant in respect of any breach of this agreement; any use made by the Applicant or any third party residing or making use of the property during the Applicant's period of reservation and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the liability of the Owner for death or personal injury resulting from negligence or for any damage or liability incurred by the Applicant as a result of fraud or fraudulent misrepresentation by the Owner.
The Owner shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal property or possessions; loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation.
The Owner's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this agreement shall be limited to the monies paid in respect of the Applicant's reservation under the conditions of this Agreement.
Any vehicle(s) of the Applicant or any third party making use of the property during the period of the Applicant's reservation is left at the property entirely at the risk of the owner of the vehicle.
In the event of a discrepancy between these conditions and any other document, these conditions shall prevail.
Regulations and Conditions For the use of the Pool and Play Equipment
WE REQUIRE THAT OUR GUESTS READ AND SIGN THE FOLLOWING CONDITIONS WHICH SHOULD BE READ IN CONJUNCTION WITH AND FORM PART OF THE BOOKING CONDITIONS.
The Tenants agree:
- That every care should be taken when around or using the pool.
- To make sure that the cover is always replaced after use to retain the heat.
- To note that the cover must be completely removed and that it is dangerous to be in the water with the cover on or partially on.
- That no one should swim while under the influence of alcohol or drugs.
- Not to take any glass items near the pool area.
- Guests should note that some pools have a shallow end and a deep end and for your own safety diving is strictly prohibited.
- To ensure that children under 16, or any novice swimmer of any age, are always supervised by an adult and confident swimmer at all times.
- To behave in such a manner as not to disrupt the enjoyment of other people staying in the near vicinity or prejudice the reputation of the owner of the property.
- The holiday of any Applicant or third party residing or making use of the property during the period of the Applicant's reservation in breach of this clause may be terminated immediately and without compensation or any further obligation.
- Any damage to the pool or spa facilities arising out of misuse or as a result of negligence and/or failure to follow the instructions herein will be chargeable to the Applicant.
- To use the pool, play equipment and trampoline at their own risk.
- Not to alter or tamper with the pool equipment.
- If using a tennis court, non marking trainers should be worn and not used for any other activity other than to play tennis.
- The net must be wound down and bungees attached after each use.