Terms and Conditions
These are the terms and conditions upon which Katherine June Rucklidge of West Hayes, Halse, Taunton, TA4 3AE.(“the Owner”) and any person or persons (“the Client”) applying to book for use as a holiday home the luxury barn at West Hayes, Halse, Taunton, TA4 3AE (“the Property”).
1. General – These are the only terms and conditions upon which the Owner is prepared to enter into agreements for holiday letting of the Property. All Clients have been provided with a copy of the terms and conditions either by post or by access to them on the Owner’s internet site at www.westhayesbarn.co.uk and are deemed to have read and accepted these terms and conditions before submitting a booking form or otherwise entering into any negotiation or agreement with the Owner.
2. Booking Procedure – whilst the Owner is prepared to consider requests for reservations of the Property, the confirmation of a reservation shall not render the Owner liable in the event that the Property is unavailable for occupation during the period reserved and no contract will arise between the Owner and the Client otherwise than in accordance with the following provisions of these terms and conditions.
3. Booking Form – All applications to book holidays in the Property must be submitted by the Client to the Owner using the Owner’s standard booking form for the time being in force (“Booking Form”). The Booking Form must be fully completed by the Client and must be accompanied by a cheque for the application fee. The amount of the booking fee shall be as follows:
i. If the Booking Form is submitted 12 weeks or more before the commencement of the requested holiday letting period – 25% of the full amount payable in respect of the letting; or
ii. If the Booking form is submitted less than 12 weeks before the commencement of the requested holiday letting period – the full amount payable in respect of the whole of the letting period.
In the event that the Owner declines an application, the full amount of the application fee will be refunded to the Client. In the event that an application is accepted, the application fee will be retained by the Owner and treated as a payment on account of the amount payable in respect of the letting.
4. Acceptance of an Application – the contract between the Owner and the Client for the letting of the Property shall arise upon the Owner giving written confirmation of acceptance of the Client’s application (which at the discretion of the Owner may be dispatched by pre-paid post or electronically to any email address provided by the Client in the Booking Form) or upon the Owner having obtained clear funds in respect of the application fee whichever is the later.
5. Payment – the full amount of the payment for the fee for the letting (less the amount of any application fee paid under clause 3) together with a security deposit of £100 under Clause 12 shall be paid on the “due date” namely:
i. In a booking to which clause 3i applies, not later than 12 weeks before commencement of the letting; or
ii. In a booking to which 3ii applies, upon the Owner’s acceptance of the application under clause 4.
6. Failure to pay - Non payment of the sum payable under clause 5 by the due date may be treated as a cancellation of the Client’s booking and the Owner will be entitled to re-let the property without reference to the Client. The terms as to payment contained in Clause 7 shall thereafter apply.
7. Cancellation - the Owner will remain
entitled to the full benefit of the terms of this contract notwithstanding any
purported cancellation of a booking by a Client whose booking form has been
accepted and are under no obligation to accept cancellations. However, if a Client wishing to cancel a
booking sends a request in writing to the Owner, the Owner will whenever
reasonably practicable re-offer the Property
for letting and will take reasonable
steps to achieve a re-letting of the Property for all or as great a part as
possible of the Client’s period of letting. If the Property is re-let for all
or any part of the Client’s letting period Client will remain liable to pay
letting fees to the Owner for any part of the Client’s letting period for which
the Property was not re-let together
with all costs and expenses incurred by the Owner in re-letting or attempting
to re-let the Property and an administration charge of £20 for each day of the
Client’s original letting period.
8. Prices and Fees - The Owner reserves the right to amend the prices for lettings quoted in the brochure or rates sheet in the event that the same are incorrect due to error or omission. The Owner is not registered for VAT and therefore no prices are subject to VAT. Should the Owner become registered for VAT they reserve the right to charge VAT in addition to the prices published in the brochure or rates sheet at the rate or rates in force for the time being in addition to the published price. All cheques or postal orders must be drawn payable to ‘K J Rucklidge Holiday Lettings’ and must not be post dated. If any cheque in respect of fees is dishonoured the Owners shall be entitled to treat such dishonour as if it were a cancellation under clauses 6 and 7. The Owners reserve the right to charge the Client for any bank charges or other losses that they suffer by reason of the dishonour of a cheque or other bill of exchange.sed on to the Applicant.
9. Limitation of liability – We are not able to exclude or limit our liability for negligence or breach of contract resulting in death or personal injury and we do not seek to do so. However, we will not accept any allegation of negligence or breach of contract leading to such consequences where the Client has failed to act reasonably and in accordance with our rules and regulations the safe receipt and reading of which the Client confirms by signing the Booking Form.
10. Client’s Responsibility - The Client confirms that he is authorised to sign the booking form on behalf of all persons who will occupy the property and that those persons are aware of the booking conditions. The Client shall be a member of the party occupying the property and is required to ensure that:
(a) Each member of the party on whose behalf the Client has submitted the Booking Form is listed on the booking form with his or her full name, address and age if under 30;
(b) Each member of the party is aware of and will comply with the all rules and regulations published by the Owners in respect of the use and occupation of the Property; and
(c) The number of persons within the party shall not exceed the maximum number of persons permitted to occupy the Property. There is accommodation in the Property for 5 people but by prior agreement with the Owner a further child aged less than 2 years may occupy in addition to 5 adults and children over the age of 2 years.
Any breach of these provisions will constitute a breach of contract, thereupon the Owner may terminate the booking forthwith in which event all moneys paid by the Applicant will be forfeited and the Clients may be required to vacate the property.
The Owner reserves the right to repossess the property at any time where damage or nuisance has been caused by the Client or any member of the Client’s party and in such event the Owner shall not be liable to make any refund whatsoever.
11. Nature of the Contract – the contract between the Owner and the Client is intended to create a licence for the Client and the Client’s party to occupy the Property for the purpose of a holiday and such licence shall not include or create any tenancy whether assured, assured shorthold or otherwise.
12. Client’s obligations - . The Client agrees:
a. to pay for any losses or damages to the property, however caused, reasonable wear and tear excluded.
b. to take good care of the property and leave it in a tidy condition at the end of the tenancy.
c. not to smoke (or cook) anywhere other than permitted areas of the property.
d. Not to bring pets to the Property without the prior agreement in writing of the Owners and in the event that such agreement is given, to observe the regulations governing the keeping of pets at the Property which form part of these conditions.
e. To self cater, or to book catering with recommended caterer.
13. Security Deposit – Clients are required to lodge a security deposit of £100 with the Owners not less than 12 weeks prior to commencement of the period to which the Client’s booking relates. This sum will be held by the Owner as security for payment of any loss, damage and additional cleaning charges that may arise through the default of the Client in observance of these terms and conditions, the regulations governing the use and occupation of the Property or the leaving of the Property in an unsatisfactory condition. Charges for extra services may be deducted from this deposit in addition to charges that may have to be applied due to any alteration in VAT or other expenses. This deposit less any deductions will be refunded within fourteen days after the tenancy ends.
14. Risk - The Owner shall not be liable for any loss or damage suffered by the Client in respect of any personal belongings of the Client on or at the Property howsoever arising.
15. Duration
and Times of Lettings- the period of the booking commences at
16. Force Majeure- In these terms and conditions “Force Majeure” means any circumstances beyond the reasonable control of the Owner including, without limitation, an Act of God, Fire, Flood, War or Acts of Terrorism. If by reason of Force Majeure the Property is not available at the commencement of the time booked by the Client or the property is unsuitable for letting at that time, the Owner shall not be deemed to be in breach of contract but shall refund in full to the Client all fees, charges and any deposit paid in advance by the Client. The Owner will not be liable for any other claim for loss or damage by the Client.
17 General
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a. In the event of any conflict between these booking conditions and any other contents of any brochure, these conditions shall prevail.
b. These terms and the contract between the Client and the Owner shall be subject to and interpreted in accordance with the law of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to hear any claim arising from such contract.
c. Words herein denoting the masculine gender shall, where the context so admits be taken to include the feminine and neuter genders and vice versa.
d. Words herein denoting the singular shall, where the context so admits be taken to include the plural and vice versa.
Regulations and
Conditions
Regarding Pets
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 Clients agree: Not to allow any pet upstairs or in the downstairs bedroom.
Never to leave any pet unattended.
Not to allow any pet on the furniture.
To bring all pet bedding required and towels for drying the pet when required.
To ensure that any pet is clean and dry before allowing inside the barn.
To ensure that pets 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.
Security &
Privacy
K J Rucklidge Holiday Lettings will ensure that: Personal data is only used for the legitimate interests of K J RucklidgeHoliday Lettings and does not unduly prejudice the rights and freedoms of the individual in question.
Personal data will be processed fairly and lawfully in accordance with the Data Protection Act.
They will not process "sensitive" personal data without prior consent from the member.
Access will be granted to computerised personal data in the form of a computerised "printout", and to manual personal data at its discretion.
Information processed is accurate, relevant, current, up to date and not excessive.
Personal data will be kept only for so long as is necessary for the specified purposes.
Disclaimer
Please be forewarned that it is possible to catch computer viruses by accessing a web page or by downloading or running an infected program. Whilst K J Rucklidge Holiday Lettings has taken steps to ensure that the pages on this web site are free from infection, such is the nature of the Internet that no assurance can be given that the pages of this web site are indeed free from infection. It is a condition of us allowing you free access that K J Rucklidge Holiday Lettings will not be liable for any loss or damage suffered by any person accessing this web site or any third party resulting directly from the transmission of a computer virus resulting from the accessing of this web site.
Please note that the information available on this web site may be incomplete, out of date or incorrect. It is therefore essential that you verify all such information with us before taking any action in reliance upon it. It is a condition of us allowing you free access to the material on this web site that you accept that we will not be liable for any action you take in reliance on the information on this web site.
The contents of the pages on this web site are copyright K J Rucklidge Holiday Lettings. The copying or incorporation into any other work or part or all of the material available on this web site in any form is prohibited save that you may: download extracts of the material on the site for your personal use; or: copy the material on the site for the purpose of sending to individual third parties for their personal information provided that you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.