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These Terms and Conditions shall form
an AGREEMENT BETWEEN:
(1) Robert Bell trading as Shores House ("SHORES HOUSE")
of The Grove, Blounts Court Road, Peppard Common, Nr Henley on Thames, RG9
5EU; and
(2) The person signing the Booking Form ("THE TENANT") of the
address stated on the Booking Form; made on the date stated on the Booking
Form by THE TENANT. IT IS AGREED AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1 The following words and definitions apply:
AGREEMENT - this agreement incorporating the terms set
out below and the provisions set out on the Booking Form;
THE BOOKING FORM - the Booking Form specified by SHORES HOUSE
to be completed by THE TENANT;
THE TENANT'S PARTY - THE TENANT and all other persons
occupying The Property during THE LET whose names must have been made
available to SHORES HOUSE by THE TENANT prior to THE LET;
THE FEE - The sum payable for the LET as stated by SHORES
HOUSE;
THE BALANCE - the balance of THE FEE as defined in clause
4.2;
THE DAMAGE DEPOSIT - Deposit of £1,000 which shall
be refundable in accordance with clause 6.
THE LET - the period of time as stated on the Booking
Form by THE TENANT during which THE TENANT and THE TENANT's PARTY shall
occupy The Property;
THE PROPERTY - Shores House, Shores Lane, Rock, Cornwall
PL27 6LX, and all contents and items contained therein as itemised by
SHORES HOUSE on an inventory.
2. TERMS AND CONDITIONS
2.1 The standard terms and conditions of SHORES HOUSE contained herein
shall govern all contracts with THE TENANT for the provision of THE LET
to the exclusion of any terms and conditions which THE TENANT may publish
or otherwise bring to the notice of SHORES HOUSE or which are referred
to in any correspondence between SHORES HOUSE and THE TENANT or elsewhere
or implied by trade custom or course of dealing.
2.2 The standard terms and conditions may be varied or excluded only by
express agreement in writing and signed by both SHORES HOUSE and THE TENANT.
2.3 Neither party has relied upon any statement, representation warranty
or understanding except where it is contained in writing in this Agreement
or on the Booking Form.
3. THE LET
3.1 Upon receipt and acceptance of the Booking Form, and in accordance
with this Agreement, SHORES HOUSE agrees to provide, either by itself
or by agents, the Property for the LET as detailed in the Booking Form.
3.2 The Booking Form shall contain:
(i) the date on which THE LET is to start and end and;
(ii) the total of THE FEEs SHORES HOUSE will charge for THE LET.
3.3 THE TENANT and THE TENANT’S PARTY shall have no access to the
Property prior to 15.00hrs on the date on which THE LET is to start.
3.4 THE TENANT and all members of THE TENANT’S PARTY must vacate
the Property by 10.00hrs on the date on which THE LET is to end.
3.5 Any variation to THE LET must be agreed in writing and signed by both
parties.
3.6 THE TENANT represents that they are over 25 years old and authorised
to sign the Booking Form on behalf of THE TENANT’S PARTY and that
all those persons comprising THE TENANT’S PARTY are aware of these
terms and conditions relating to THE LET. THE TENANT shall provide SHORES
HOUSE with the full name, address and age (if under 30) of all the members
of THE TENANT’S PARTY on request by SHORES HOUSE and in any event
prior to THE LET.
3.7 The persons comprising THE TENANT’S PARTY are the only persons
permitted to occupy the Property at any time.
3.8 THE TENANT’S PARTY cannot comprise groups of single persons
under the age of 25, or all-male or all-female groups containing more
than two persons, unless agreed in writing by SHORES HOUSE prior to THE
LET.
3.9 THE TENANT shall allow SHORES HOUSE or SHORES HOUSE'S agents reasonable
access to The Property during THE LET.
3.10 This Agreement confers upon THE TENANT and THE TENANT’S PARTY
the right to occupy for a holiday within the meaning of Section 9 of the
Rent Act 1977.
3.11 Any additional services (“Services”) required during
THE LET shall be provided by third parties, and SHORES HOUSE shall act
as agent for THE TENANT in the engagement of such third parties. If the
TENANT has any issues or concerns with the Services they must contact
the third party service provider directly. The OWNER accepts no responsibility
for the provision of Services.
4. PAYMENT
4.1 No Booking will be accepted until THE TENANT has agreed and signed
the Booking Form and a payment by THE TENANT equivalent to one third of
THE FEE has been received by SHORES HOUSE.
4.2 Prior to THE LET, SHORES HOUSE shall issue an invoice for two thirds
of THE FEE and the DAMAGE DEPOSIT due to SHORES HOUSE ("the Balance").
THE TENANT shall pay the Balance to SHORES HOUSE not less than eight weeks
prior to the start of THE LET.
4.3 If SHORES HOUSE pays for Services on behalf of THE TENANT, SHORES
HOUSE shall charge THE TENANT a handling fee equal to 15% of the cost
of the Services over and above the cost of the Services.
4.4 At the end of THE LET, and prior to departure by THE TENANT from the
Property, THE TENANT shall pay SHORES HOUSE any outstanding costs for
any Services that have been provided and paid for by SHORES HOUSE.
4.5 All sums outstanding and unpaid in relation to invoices submitted
by SHORES HOUSE in accordance with these terms and conditions which are
not paid in accordance with this Agreement shall be subject to interest
at the rate of 4% above Lloyds Bank plc base rate.
4.6 Any charges raised against SHORES HOUSE by any bank for handling dishonoured
cheques will be passed on to THE TENANT.
4.7 SHORES HOUSE reserves the right to amend THE FEE quoted by SHORES
HOUSE in any medium due to errors or omissions, or changes in the VAT
rate.
4.8 All payments will be in pounds sterling.
4.9 All expenses incurred by SHORES HOUSE in recovering outstanding sums
due from the TENANT will be met by THE TENANT.
5. CANCELLATION
5.1 Any request to cancel a booking must be sent in writing to SHORES
HOUSE before it can be considered. THE TENANT remains liable for The Balance
of THE FEES, however SHORES HOUSE will use all reasonable means to re-let
The Property for the period booked by THE TENANT. If SHORES HOUSE is successful,
THE TENANT will be refunded the difference between moneys they have paid
less the sums receivable from the re-letting after deduction of all costs
and expenses incurred by SHORES HOUSE which shall in any event include
a cancellation fee of £150.
5.2 Failure to arrive before 12.00hrs on the day after the start date
of THE LET without prior agreement by SHORES HOUSE will be regarded as
cancellation, and no refund of any monies paid by THE TENANT will be made.
6 DAMAGE
6.1 In accordance with Clause 4.2 the THE TENANT shall pay to SHORES HOUSE
the DAMAGE DEPOSIT as a fully refundable deposit payment against any damage
caused by THE TENANT or THE TENANT'S PARTY to the Property. At the same
time, SHORES HOUSE shall provide THE TENANT with an inventory of all items
at the Property available to THE TENANT during THE LET.
6.2 THE TENANT is responsible for THE TENANT'S PARTY and the Tenant's
liability is not limited. THE TENANT agrees:
(i) to pay for any losses or damages to the Property, however caused,
reasonable wear and tear excluded;
(ii) to take good care of the Property and leave it in a tidy condition
at the end of the tenancy;
(iii) to ensure that whenever the Property is left unoccupied during THE
LET, all external doors are locked securely, all windows are closed and
all ground floor windows are locked;
(iv) To remove all of THE TENANT's own property and possessions from the
Property at the end of THE LET;
(v) not to smoke anywhere at the Property;
(vi) not to cook anywhere other than permitted areas of the Property;
(vii) not to bring any animals to the Property;
6.3 At the end of THE LET , SHORES HOUSE shall examine the Property for
any loss or damage and assess the extent of any such loss or damage.If
any loss or damage has been caused by THE TENANT or THE TENANT'S PARTY,
SHORES HOUSE shall deduct a sum to cover the total cost of such loss or
damage and remit the balance of the DAMAGE DEPOSIT to THE TENANT within
7 working days. In the event that no such loss or damage is apparent,
SHORES HOUSE shall repay the Damage Deposit to the TENANT within 7 working
days of the end of the LET. If the Damage Deposit is repaid to THE TENANT,
this does not mean that THE TENANT is absolved for any loss or damage
subsequently discovered or brought to the attention of SHORES HOUSE.
6.4 SHORES HOUSE reserves the right to repossess the Property at any time
where damage or nuisance has been caused by THE TENANT or any member of
THE TENANT'S PARTY. In such an event SHORES HOUSE shall not be liable
to make any refund to THE TENANT whatsoever.
7 INDEMNITY
7.1 THE TENANT shall indemnify SHORES HOUSE against any loss SHORES HOUSE
may incur as a result of any claims or proceedings brought against SHORES
HOUSE based upon any action by THE TENANT or THE TENANT’S PARTY
pertaining to and during THE LET.
8. DELAY AND LOSS
8.1 Subject to clause 11 below, SHORES HOUSE shall not be liable for loss
or delay in providing THE LET in the absence of default or neglect on
the part of SHORES HOUSE.
8.4 SHORES HOUSE may make any improvement, renovation, alteration and
change to the Property at any time prior to THE LET. THE TENANT shall
not rely on any detail, layout, furniture and equipment construed to be
within or at the Property howsoever stated by SHORES HOUSE at any time
in any medium.
9. CONFIDENTIALITY
9.2 SHORES HOUSE shall treat all information relating to THE TENANT and
THE LET as confidential, unless it is information which is already in
the public domain.
10 SECURITY AND PRIVACY
10.1 SHORES HOUSE will comply with its obligations under the Data Protection
Act 1998. .
11 RISK
11.1 Nothing in this Agreement will have the effect of limiting or excluding
any party's liability to the other for death or personal injury caused
by its own negligence or fraud.
11.2 Neither party will have any liability to the other party in contract,
tort (including but not limited to negligence) or otherwise arising out
of or in connection with the Agreement for any travel expenses or anticipated
savings, nor for any indirect or consequential loss or damage.
11.3 The maximum aggregate liability of SHORES HOUSE in respect of all
claims under this Agreement is limited to the fees paid by the TENANT.
12 BREACH OF CONTRACT
12.1 Any breach of this Agreement will permit SHORES HOUSE to terminate
THE LET forthwith, in which event all moneys paid by THE TENANT will be
forfeited and THE TENANT’S PARTY may be required to vacate The Property.
13 NOTICES
13.1 The address for service of any party shall be the address stated
in this Agreement, or such other address as notified.
14. MISCELLANEOUS
14.1 Any reference in this Agreement to the singular shall include the
plural and vice versa.
14.2 The headings in this Agreement and in the Booking Form are for ease
of reference only and shall not form any part of this Agreement.
14.3 If at any time any term or provision in this Agreement shall be held
to be illegal, invalid or unenforceable, in whole or in part, under any
rule of law or enactment, such term or provision or part shall to that
extent be deemed not to form part of this Agreement, but the enforceability
of the remainder of this Agreement shall not be affected.
14.4 In the event of any discrepancy between this Agreement and any other
statement, this Agreement shall apply.
15. LAW AND JURISDICTION
15.1 These terms and conditions shall be governed by the laws of England.
15.2 SHORES HOUSE and THE TENANT submit to the exclusive jurisdiction
of the English courts.
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