TERMS AND CONDITIONS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which I hire Church Cottage, 24 – 26 The Street, Morston, Holt, North Norfolk, NR25 7AA (the “Property”) to you for the period commencing and ending on the date stated in the Order Confirmation, as defined in section 3.1 below, (the “Hire Period”).
1.2 Why you should read them. Please read these terms carefully before making your booking with me. These terms tell you who I am, how I will hire the Property to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact me to discuss.
1.3 These terms apply to all bookings. These terms apply to all bookings made for hire of the Property, whether made on my website, www.morstoncreek.com, by telephone, email, or through Airbnb, Trip Advisor or any such similar provider.
1.4 You agree to these terms on behalf of all guests. The person that makes the booking for the Property will ensure that all persons that will be occupying the Property read these terms carefully before the booking is made and confirms that he or she is authorised to agree to these terms on behalf of all such persons. The person that completes the booking must be over the age of 18 years, must be occupying the property and takes responsibility for all persons occupying the Property.
1.5 These terms apply to all guests. Obligations expressed or implied to be made by you, are deemed to be made by or with all those persons that will be occupying the Property jointly and severally (this means that each guest occupying the property will each be liable for all sums due and all obligations under these terms and not just a proportionate part).
1.6 Holiday letting. The booking and these terms are made on the basis that the Property is to be occupied by you for a holiday as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9. You acknowledge that the tenancy to be granted by these terms is not an assured tenancy and that no statutory periodic tenancy will arise at the end of the Hire Period.
1.7 There is no right to occupy the Property until the Hire Period commences. The obligations set out in these terms in relation to the Property apply for the duration of the Hire Period.
2. INFORMATION ABOUT ME AND HOW TO CONTACT ME
2.1 Who I am. I am, Louise Davies, a sole trader established in England and Wales. My address is Whissendine Cottage, Whissendine, Oakham, Rutland LE15 7ET.
2.3 How I may contact you. If have to contact you, I will do so by telephone or by writing to you at the email address or postal address you provided to me in your order.
2.4 "Writing" includes emails. When the words "writing" or "written" are used in these terms, this includes emails.
3. MY CONTRACT WITH YOU
3.1 How I will accept your booking. My acceptance of your booking will take place when I email you to accept it (the “Booking Confirmation”), at which point a contract will come into existence between you and I.
3.2 If I cannot accept your booking (for example, because I have identified an error in the price or there is a problem with the Property). If I am unable to accept your booking, I will inform you of this in writing and will not charge you for hire of the Property.
4. THE PROPERTY
4.1 The Property may vary slightly from the pictures and description. The images of the Property on the website www.morstoncreek.com (the “Website”) are for illustrative purposes only. Any information and descriptions of the Property are solely to give an approximate idea of the Property. The Property may vary slightly from images and descriptions on the Website. If you have any particular requirements due to health or mobility issues, you must inform me before the booking is made so that the suitability of the Property can be confirmed.
4.2 Minor changes. I may change the Property to reflect changes in relevant laws and regulatory requirements.
4.3 When I will hire the Property to you. I will hire to the Property to you, with the furniture, fixtures, fittings, equipment, kitchen equipment, crockery, glasses, bedding, towels and other items (the “Contents”) contained within the Property, for the Hire Period.
4.4 Reasons I may suspend the hire of the Property to you. Before the Hire Period commences, I may have to suspend the hire of the Property to deal with technical, maintenance or building problems or, as a result of any damage by any risk such as fire and flooding or, to make minor changes, or update the Property to reflect changes in relevant laws and regulatory requirements.
4.5 Your rights if I suspend the hire of the Property. I will contact you in advance to tell you I will be suspending hire of the Property, unless the problem is urgent or an emergency. You may contact me to end the contract for hiring the Property if I suspend it, or tell you I am going to suspend it, and I will refund any sums you have paid in advance for hiring the Property.
5. CONDITIONS OF THE PROPERTY
5.1 Maximum guests. The maximum number of guests permitted in the Property during any Hire Period is eight people. The number of guests occupying the property for the Hire Period must be no more than the number declared at the time of booking.
5.2 You must take care of the Property and Contents. You are responsible for taking care of the Property and Contents for the duration of the Hire Period and must make sure that the Property and Contents are not damaged or injured during the Hire Period. You must notify me immediately of any damage or breakages. Any damage or breakages are your responsibility and I may charge you a reasonable amount for any costs and expenses that in incur of repairing, replacing or rectify any such damage or breakage.
5.3 You must keep the Property and Contents in good conditions. You must maintain and keep the Property and Contents clean, tidy and in a good condition (except to the extent their condition deteriorates as a result of fair and ordinary use). Additional cleaning charges will be payable by you if the Property is left in an untidy, unclean or unsatisfactory condition as a result of any additional charges that I incur.
5.4 You must not take any Contents away from the Property. You must not remove any Contents from the Property. You will be responsible for paying the costs of replacing any Contents you remove from the Property. For the avoidance of doubt, this includes towels that have been provided to you by me, which must not be used outside the Property.
5.5 Securing the Property. The Property, including all doors and windows, must be kept securely locked when left unattended.
5.6 Fire, flooding and other risks. You must not do anything to expose the Property to any fire, flooding or any other risk.
5.7.1 We strongly advise that you take our comprehensive travel insurance.
5.7.2 I shall keep the Property and the Contents (but not your personal property) insured against damage or destruction by fire and other usual risks for the full cost of rebuilding and reinstating the Property and replacing the Contents unless the insurance is invalidated by your acts.
5.7.3 You must not do anything, or fail to comply with any requirement that I notify you of, as a result of which the policy of insurance taken out by me may become invalidated or by which the rate of premium on the policy may be increased.
5.8 Access to the Property. You must allow me, with any necessary contractors and workmen, to enter the Property at all reasonable times upon reasonable notice, or in the event of emergency at any time without notice, causing as little inconvenience to you as reasonably practicable and making good any damage caused to the Property, for the following purposes:
5.8.1 to view the state and condition of the Property and the Contents; and
5.8.2 to carry out any repairs, alterations or other works that are necessary by virtue of my responsibilities under these terms or by law to the Property.
5.9 Use and nuisance. You must:
5.9.1 use the Property for the purpose of a private holiday residence for a maximum of 8 persons only and not for any other purpose;
5.9.2 not do anything on the Property that may reasonably be considered to be a nuisance or annoyance to me or the owners or occupiers of adjacent or neighbouring property; and
5.9.3 not use the Property for any auction sale, any dangerous, noisy or offensive activity or any illegal or immoral act or purpose and must not carry on any commercial activity on it.
5.10 Dogs. Well-behaved dogs are welcome at the property subject to the following:
5.10.1 a fee of £15 is payable per dog per week (or where your stay is less than a week, for the period of your stay);
5.10.2 a maximum of two dogs is permitted at the Property during any stay, unless I agree otherwise;
5.10.3 dogs must be kept off the furniture;
5.10.4 at all times, dogs must stay on the ground floor of the Property;
5.10.5 you must bring dog beds, throws, towels and all necessary equipment to protect the Property;
5.10.6 dogs must not be left unattended in the Property;
5.10.7 you must ensure that the dog is free from parasites & fleas before occupying the Property and must pay any reasonable costs or expenses I incur if you fail to do so; and
5.10.8 you must ensure that all evidence of dogs is removed from the property, appropriately wrapped and disposed of into a dustbin and not into the flowerbeds. If accidents and stains from dogs are left inside the Property, the costs and expenses of having it professionally cleaned will be payable by you.
5.11 The dog kennel at the Property is for use entirely at your risk. No responsibility can be taken for the behaviour of any dog staying at the Property and any third party accidents, damage and incidents which may occur are entirely your responsibility.
5.11.1 You must not keep or allow any animal (other than guide dogs and as permitted under section 5.10), bird or reptile at the Property without first obtaining my written consent, which is not to be unreasonably withheld or delayed.
6. GIVING BACK POSSESSION AT THE END OF THE HIRE PERIOD
6.1 All keys must be placed in the key safe, which is located at the Property, by 10am on the date the Hire Period ends and give vacant possession of the Property and the Contents back to me clean, tidy and in accordance with the provisions of these terms, and with the various items of furniture and other items left in the places in which they were situated at the beginning of the Hire Period.
6.2 If items of your belongings are left in the Property at the end of the Hire Period, I will remove and store the items for a maximum of 1 month. If the items are not collected or arrange by you to be collected or delivered, within 1 month, I will dispose of the items and you will be liable for any reasonable costs of disposal. The reasonable charges and costs incurred by me may be deducted from any sale proceeds and if there are any charges and costs remaining they will remain your responsibility.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with me. Your rights when you end the contract will depend on, whether there is anything wrong and how I am performing:
7.1.1 If you want to end the contract because of something I have done or have told you I am going to do, see section 7.2;
7.1.2 If you want to end the contract (or a service re-performed or to get some or all of your money back) for any other reason, see section 7.3;
7.2 Ending the contract because of something I have done or am going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.3 below the contract will end immediately and I will refund you in full for any part of the Hire Period which has not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 I have told you about an error in the price or description of the Property and you do not wish to proceed;
7.2.2 I have or notify you I am going to suspend supply of hire of the Property due to technical, maintenance or building related issues; or
7.2.3 you have a legal right to end the contract because of something I have done wrong.
7.3 You do not have a right to change your mind. If I am not at fault, you can still end the contract before it is completed, but you may have to pay me compensation:
7.3.1 Under regulation 28(1)(h) of the Consumer Contracts Regulations 2013, there is no right to cancel simply because you have changed your mind. If you change your mind, you do not have the right to a refund under the Consumer Contracts Regulations 2013.
7.3.2 If you want to end a contract before it is completed where I am not at fault, just contact me to let me know. The contract will end immediately and I may refund sums paid by you for hiring the Property, where you have not had use of the Property but, at my sole discretion, I may deduct from that refund or, if you have not made an advance payment, charge you, the cancellation charges as set out in section 9.
8. MY RIGHTS TO END THE CONTRACT
8.1 I may end the contract if you break it. I may end the contract for hire of the Property at any time by writing to you:
8.1.1 if there is a breach by you of any obligation or other term of these terms;
8.1.2 if you do not make any payment to me when it is due and you still do not make payment within seven days of me reminding you that payment is due;
8.1.3 where the booking is made in less than seven days until the commencement date of the hire of the Property, if you do not make payment to me at the time of booking.
8.2 You must compensate me if you break the contract. If I end the contract as set out in section 8.1 I may refund some or all of the money you have paid in advance for hire of the Property but for which you have not had use of the Property, but I may deduct or charge you the cancellation charges as set out in section 9.
9. CANCELLATION CHARGES
The following charges shall apply in the event that you cancel under section 7.3.2 or I cancel under section 8: The cancellation charge will depend on if I am able to or unable to re-hire the Property:
If I am able to or unable to re-hire the Property – Reasonable compensation for the net costs I will incur as a result of your ending the contract
If I am able to re-hire the Property for part of the same Hire Period – An amount equivalent to the price for the period for which the Property is not hired for the net costs I will incur as a result of your ending the contract.
If I am not able to re-hire the Property for any part of the same Hire Period – The full price payable by you for hire of the Property
10. HOW TO END THE CONTRACT WITH ME (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell me you want to end the contract. To end the contract with me, please let me know by doing one of the following:
10.1.2 By post. Send me a letter by first class signed-for mail to Whissendine Cottage, Whissendine, Oakha, Rutland LE15 7ET, including details of the booking, when you ordered or received it and your name and address.
10.2 When your notice of ending the contract will be deemed to be received. Any notice you send, under clause 10.1, to end the contract with me shall be deemed to have been received by me:
10.2.1 if by phone, immediately at the time of the call between me and you;
10.2.2 if by email, on receipt of a delivery receipt for the correct email address; or 10.2.3 if by first class signed for mail, on signature by me.
10.3 How I will refund you. I will make any refund due to you by the method you used for payment. However, I may make deductions from the price, as described above.
10.4 When your refund will be made. I will make any refunds due to you as soon as possible.
11. IF THERE IS A PROBLEM WITH THE PROPERTY
11.2 Your legal rights. I am under a legal duty to supply hire of the Property in conformity with this contract. Nothing in these terms will affect your legal rights.
12. PRICE AND PAYMENT
12.1 Where to find the price for the Property. The price for hiring the Property will be the price indicated on the booking pages when you made your booking. I use my best efforts to ensure that the price for hire of the Property advised to you is correct. However please see section 12.2 for what happens if I discover an error in the price.
12.2 What happens if I got the price wrong. It is always possible that, despite my best efforts, the prices for hiring the Property may be incorrectly priced. I will normally check prices before accepting your booking so that, where the correct price at your booking date is less than my stated price at your booking date, I will charge the lower amount. If the correct price for hiring the Property at your booking date is higher than the price stated to you, I will contact you for your instructions before I accept your booking. If I accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, I may end the contract and refund you any sums you have paid.
12.3 When you must pay and how you must pay. Where your booking is made through my website, www.morstoncreek.com, or directly with me by telephone or email, I accept payment by credit card, through Worldpay, cheque or bank transfer. Where your booking is made through Airbnb, Tripadvisor or any such similar provider, how you pay will be in accordance with their accepted payment methods. You must make an advance payment of 25% of the price for hiring the Property at the time of booking. The balance of 75% of the price for hiring the Property is due six weeks before the commencement date of hire of the Property. If the booking is made within six weeks of the commencement date of hire of the Property, the full price for hiring the Property will need to be paid at the time of booking.
12.4 I can charge interest if you pay late. If you do not make any payment to me by the due date I may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay me interest together with any overdue amount.
13. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of my breaking this contract or my failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both I and you knew it might happen, for example, if you discussed it with me during the sales process.
13.2 I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or the negligence of my employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to hire of the Property as stated at section 11.
13.3 I am not liable for business losses. I only hire the Property for domestic and private use. If you hire or use the Property for any commercial, business or re-sale purpose I will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. OTHER IMPORTANT TERMS
15.1 I may transfer this Agreement to someone else. I may transfer my rights and obligations under these terms to another organisation. I will contact you to let you know if I plan to do this. If you are unhappy with the transfer you may contact me to end the contract within 14 days of me telling you about it or at least 7 days before the Hire Period (whichever is the earlier) and I will refund you any payments you have made in advance for products not provided.
15.2 You need my consent to transfer your rights to someone else (except that you can always transfer my guarantee). You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing.
15.3 Notices. You are notified for the purposes of the Landlord and Tenant Act 1987 Section 48(1) that notices (including notices in proceedings) may be served on me by you at the address referred to at the beginning of these terms.
15.4 Nobody else has any rights under this contract. This contract is between you and me. No other person shall have any rights to enforce any of its terms. Neither of you or I will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.6 Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and I do not chase you but I continue to provide the products, I can still require you to make the payment at a later date.
15.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.