1 DEFINITIONS. ‘You’/ ‘Your’ shall mean the person who has requested to hire or rent the cottage for a particular period of time. ‘Us’ or ‘We’ shall mean David or Joy Cousans. ‘Property’ shall mean Ty Cerrig Cottage, Clynnog Fawr, Gwynedd LL54 5NG. ‘Booking’ shall mean this Contract formed in accordance with clause 2.
2. CONTRACT. The Contract is for a short-term holiday rental at the Property and shall be made between You and Us. The contract will be entered into when We agree either in writing or by e-mail Your request to rent the Property and We receive Payment in accordance with Clause 3. The Contract will be subject to all of the following booking conditions.
3. PAYMENT. A deposit of 25% of the advertised rate or other rate agreed by Us will be payable within 5 working days of Our agreement of Your request to hire the Property if such request is made more than 8 weeks (56 days) before the commencement of the rental period. Non-payment of the balance due for the rental on or before the due date shall be construed as a cancellation of the contract by You and any deposit forfeited. For a request to hire the Property made less than eight weeks before the commencement of the rental period the total rental fee is payable within 5 working days of Our agreement of Your request. Payment can only be accepted by cheque or bank transfer provided it is denominated in sterling (UK pounds) and received not less than 8 weeks before the commencement of the rental period. You are responsible for paying any additional bank or currency charges. All payments shall be payable to the bank account or address provided by Us and in the format We request.
4. CANCELLATION. Any cancellation made by You for whatever reason shall be confirmed only in writing (or by e-mail with request for acknowledgement) to Us. Please note that only in exceptional and documented circumstances will we be able to cancel any Booking that is not from the original requester.
The following cancellation charges will apply: (a) More than 56 days before commencement of the rental period. Loss of deposit. (b) Less than 56 days before commencement of the rental period when full payment has been made to Us, We will seek to re-let the Property for the period of the Booking. If We are successful in re-letting the Property for the whole period, We shall refund the full amount less an administration charge of £25. If We are successful in re-letting only part of the rental period, We shall refund an amount equal to the amount paid less (a) the rental for the period which is not let on a pro-rata basis and (b) administration charge of £25. If We are unable to re-let the Property at all then all monies paid by You shall be forfeited to Us.
5. FURTHER INFORMATION ABOUT THE PROPERTY. We shall send you further information about your stay in the Property including access arrangements after we have received full payment for your Booking.
6 INSURANCE. Cancellation insurance is not compulsory but We strongly recommend such insurance cover to protect against the cancellation penalties. In addition, We would recommend holiday insurance for other aspects of Your stay including condition 14 and 15.
7. VAT. We are not registered for VAT purposes and no VAT will be levied.
8. PERIOD OF HIRE. The rental period commences, unless otherwise notified, after 3.30 p.m. on the day of arrival and terminates at 10 a.m. on the day of departure.
9. NUMBER OF PERSONS USING THE PROPERTY. The number of persons occupying the property must not exceed six except for a baby who will not occupy a bed and must include the person booking the Property other than for exceptional reasons. We reserve the right to refuse entry to the entire party if this condition is not observed. The number of persons occupying and the rooms to be used must be agreed at the time of Booking or at the very latest at time of final payment. Any changes to this must be notified to Us by e-mail at least 48hrs in advance of your arrival.
10. ISSUES. Should there be any issues arising during the occupation of the Property, then they should be notified promptly to Us by either email or phone.
11. CARE OF THE PROPERTY. You shall take all reasonable and proper care of the Property and its furniture, pictures, fittings and effects in or on the Property and leave them in the same state of repair and in the same place at the end of the rental period as at the beginning. We expect You to leave Ty Cerrig as clean and tidy as possible. You must not use the Property for any illegal, dangerous, offensive, noxious, noisy, immoral activities or carry on there any act that may be a nuisance or annoyance to Us or other neighbouring properties.
12. BREAKAGES OR DAMAGE. You are required to reimburse Us for replacement, repair or extra cleaning costs on demand; the latter will only be asked for when the property has been left in an unacceptable state. If you do break an item and it is possible to replace the item by purchasing one locally, then We would be grateful if You would do so.
13. PETS. We will accept up to two well behaved dogs but require You to supervise them at all times and to ensure that they are kept off furniture and remain on the ground floor. If they are left in the Property alone, they must be confined to the utility room.
14. UNAVAILABILITY OF THE PROPERTY. We shall not be liable beyond our reasonable control including, without limitation, an Act of God, Fire, Flood, War or Acts of Terrorism, if by any reason the Property is not available at the commencement of the rental period by you or the Property is unsuitable for renting at that time. In such circumstances, We shall not be deemed to be in breach of contract but shall refund in full to You all fees, charges and any deposit paid in advance by You. We will not be liable for any other claim for loss or damage by you.
15. LIABILITY. We, our employees and our agents do not accept third party liability in respect of breach of contract, negligence, misrepresentation or otherwise. We 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 Booking.
Our 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 Booking shall be limited to the monies paid in respect of Your Booking under these terms and conditions.
16. WARRANTIES. We do not warrant and are not responsible for the accuracy of any verbal information given or statements made by any of our servants or agents.
17. RIGHT OF ENTRY. We or our servants or agents, shall, subject to consultation with You, be allowed the right of entry to the property at all reasonable times to carry out any emergency repairs, pre-arranged cleaning or essential maintenance.
18. CHILDREN. You are at all times responsible for the safety and behaviour of all children visiting or staying at the Property.
19. SMOKING. Ty Cerrig is a strictly ‘no smoking’ property.