Booking terms and conditions

Lantern Cross Cottage: booking terms and conditions

Introduction

These Terms and Conditions apply to any Booking made for a period of holiday letting of Lantern Cross Cottage, Beaford, Winkleigh, EX19 8NS (the “Property”), whether made through any on-line booking service or made with Mr P.N. and Mrs G.E. Jones (together the “Owners”) directly.
By making any Booking, you (the “Tenant”) confirm that you accept these Terms and Conditions and that you will comply with them.

Definitions

The following additional definitions apply for the purposes of these Terms and Conditions:
1. “Rental Contract” means the legally binding contract between the Tenant and the Owners constituted by acceptance by the Tenant of these Terms and Conditions and payment of the Deposit and acceptance by the Owners of the Booking Details and the Deposit.
2. “Rental Charges” mean the fees payable by the Tenant for occupation of the property by the Tenant during the Rental Period under the Rental Contract.
3. “Deposit” means the initial instalment of the Rental Charges payable by the Tenant when making the Booking.
4. “Rental Balance” means the balance of the Rental Charges payable by the Tenant after payment of the Deposit.
5. “Rental Balance Due Date” means the date falling 56 days before the date of commencement of the Rental Period;
6. “Rental Period” means the dates for which the Tenant reserves the Property under the Booking.
7. “Guests” mean any persons other than the Tenant staying at the Property during the Rental Period, whether specified in the Booking Details or not.
8. “Booking Details” mean the details specific to the Tenant’s booking including the names and contact details of the Tenant and, to the extent provided, Guests, the Rental Period and any restrictions notified to the Tenant during the Booking process.

Nature of letting and letting restrictions

The Tenant may not transfer the Rental Contract to any other person. If the Tenant does not stay at the Property during the Rental Period but any Guests do, the Tenant will still be legally responsible for all his or her obligations under the Rental Contract and these Terms and Conditions and all Guests’ compliance with them.
The Rental Contract is made on the basis that the Property is to be occupied by the Tenant and Guests during the Rental Period only as a holiday as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9. The Tenant acknowledges and the Tenant will procure that the Guests acknowledge that the tenancy granted by the Rental Contract is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
Bookings will not be accepted from persons under 18 years of age. Group bookings of single sex parties are only permitted by specific arrangement in advance with the owners, which may involve the payment of a security deposit. Any dogs the Tenant or any Guest intends to take to the Property should be declared, and accepted by the owners, at the time of Booking. No other pets are accepted.

Confirmation of booking and payment arrangements

If the Booking is made more than 8 weeks before the date of commencement of the Rental Period, acknowledgment of receipt of the Deposit by the Owners constitutes confirmation of the Booking, subject to all other terms of the Rental Contract. The Deposit is non-refundable upon acknowledgment of receipt by the Owners, and the Tenant becomes liable for eventual payment of the Rental Balance in full, subject to the cancellation policy below, upon confirmation of the Booking.
If the Booking is made less than 8 weeks before the commencement of the Rental Period, acknowledgment of receipt of the full Rental Charges by the Owners constitutes confirmation of the Booking, subject to all other terms of the Rental Contract.
If the Booking is made more than 8 weeks before the commencement of the Rental Period, the Tenant undertakes to pay the Rental Balance to the Owners on or before the Rental Balance Due Date.

Cancellation and refund policy

If the Tenant notifies the Owners that he or she wishes to cancel the Booking 57 days or more in advance of the date of commencement of the Rental Period, the Tenant shall be liable to pay the Owners thirty per cent. of the Rental Charges in respect of the cancelled Booking and shall make immediate payment of the balance (if any) of this sum after deduction of the Deposit. If the Tenant notifies the Owners that he or she wishes to cancel the Booking less than 57 days in advance of the date of commencement of the Rental Period the Tenant shall remain liable for the full Rental Charges and no refund will be paid unless the Owners have actually let the Property to another tenant for all or part of the Rental Period. If the Owners have actually let the Property to another tenant for all or part of the Rental Period, the Owners will be entitled to retain thirty per cent. of the Rental Charges but will refund the lesser of
1. The balance of the Rental Charges actually received from the Tenant; and
2. The excess, if any of the rent actually received from the new tenant, net of any advertising expenses or commissions specifically incurred in respect of the new tenancy, over thirty per cent. of the Rental Charges.
The Owners reserve the right to treat the Booking as cancelled and seek to re-let the Property for the Rental Period if the Rental Balance has not been paid by 7 days after the Rental Balance Due Date.

Non-availability of the Property

In the event that the Property becomes unavailable due to circumstances beyond the Owners’ reasonable control that are not a consequence of any action or breach of these Terms and Conditions by the Tenant or Guests, the Owners will refund all monies paid by the Tenant, or a proportion in the case of curtailment of the Rental Period. The Owners will not be liable to pay any compensation or expenses as a consequence of such an event.

Tenant’s responsibilities

Responsibilities of the Tenant and Guests:
1. The Tenant and Guests may not occupy the property before 4.00 pm on the date of commencement of the Rental Period unless specifically agreed in advance with the Owners or their local representative;
2. The Tenant and all Guests must vacate the Property by 10.00 am on the final date of the Rental period;
3. The Tenant and Guests may not smoke inside any part of the property at any time;
4. The Tenant and the Guests must keep the Property and all furniture, fixtures, fittings and other items in, on or at the Property in the same state of repair as at the commencement of the Rental Period and must leave the Property reasonably clean and tidy;
5. The Tenant must report and pay to the Owners the cost of any damage or breakages made during the Rental Period. The Owners reserve the right to make a reasonable charge where any person appears to have contravened the requirement not to smoke in any part of the Property.
6. The Tenant and Guests must ensure that no dog hosting fleas or other parasites is permitted to enter the Property. The Tenant will be charged for any costs arising as a direct or indirect result of any parasite infestation of the Property, including but not limited to pest eradication charges, additional cleaning costs and loss of revenue as a result of inability to grant access to a subsequent tenant.
7. The Tenant and Guests must not permit any dog to enter any of the upstairs rooms at the Property. The Tenant and Guests should bring their own bedding for any dogs and should make every effort to prevent any dog from climbing onto, sitting on or sleeping on any furniture.
8. The Tenant and Guests should ensure that any dog fouling on any part of the Property is cleared up without delay, and in any event before their departure, and bagged waste disposed of in bin liners in the general waste wheelie bin at the front of the Property.
9. The Tenant and Guests should take care in the garden. They should note in particular that Lantern Cross is surrounded by farmland, and that the grass areas may be affected by holes excavated by moles, badgers, rabbits or foxes. They should also ensure that dogs are kept under observation when in the garden as, although the garden is enclosed, the owners cannot guarantee that a determined dog will not be able to find exit routes through the hedges.

Owner’s access

The Owners and their representatives shall be allowed access to the Property at any reasonable time during the Rental Period, including but not limited to access to mow the grass areas.

Tenant’s information and consent to contact

The Tenant agrees that the Owners may retain the Booking Details for purposes reasonably related to the Booking, including support for the Owners’ financial and tax accounts. The Tenant agrees that the Owners and their representatives may contact the Tenant in writing, by email or other electronic messaging or by telephone for purposes directly related to the Booking. The Tenant agrees that the Owners may contact the Tenant to provide details of the availability of the Property for letting in the future if the Tenant or Guests have indicated in the Visitors’ Book at the Property, or by any other means, that they would like to make a return visit to the Property.
The Owners undertake not to provide the Booking Details or any part of them to any third party (other than the Owners’ local representatives in connection with the Booking), save as may be required by law or any regulation or by order of any court of competent jurisdiction.

Jurisdiction and severability

Any dispute, claim or other matter which may arise in relation to the Rental Contract will be governed by English law and the Tenant agrees that any dispute will be dealt with exclusively by the courts of England and Wales. If any provision of the Rental Contract is held to be unenforceable, such provision shall be deemed to be deleted without prejudice to the enforceability of all other provisions of the Rental Contract.

4 September 2019