Terms & Conditions
TERMS AND CONDITIONS
This Agreement is between Mr. and Mrs. Austin, herein referred to as Owner and the person herein referred to as Hirer, and defined in Section 1 below.
This Agreement contains the Terms and Conditions for Booking as set forth herein:
Booking – The process of making a reservation for the Seamist Property
Booking Fee – The amount (in £) charged per week to reserve a booking at Seamist
Booking Form – The document, including the terms and conditions herein, must be completed and signed by the Hirer in order to book a reservation at Seamist.
Hirer – The person who signs the booking form and has agreed to abide by the Terms and Conditions as outlined herein by doing so.
Occupancy – The term of the Reservation period as well as criteria for persons who will be permitted to stay at the Property during the Reservation period
Property – The Seamist premises, including house and garden, located at 10 Brea Road, Rock, Wadebridge, North Cornwall PL27 6LN
Provisional Reservation – Any booking made by phone without the written booking form and cheque will be considered provisional for up to seven (7) days. The reservation will become final when the signed booking form and cheque are received by the Owner and payment has cleared. If receipt does not occur within the seven (7) day period the Property will be relisted for booking by other parties.
Reservation – The formal acceptance of the Booking process by the Owner and acceptance of the Terms and Conditions herein by the Hirer for a term that begins at 3:00pm on the start date through 10:00am on the end date (unless otherwise agreed to in writing between the Owner and Hirer)
2.1 The Hirer is responsible for fully and accurately filling out and signing the Booking Form. The Hirer will take responsibility for providing the names of all of the persons who will be occupying the Property during the Reservation. In addition, the Hirer shall take responsibility for ensuring all individuals occupying the Property during the Reservation comply with the Terms and Conditions of the Booking.
2.2 The Completed booking form shall be sent to the Owner at the address shown on the Booking Form along with a cheque made payable to "Mr. and Mrs. Austin" for the amount for Deposit (Deposit determined as outlined in Section 3 below).
2.3 The remainder of the Booking fee plus a Security Deposit must be paid to the Owner 8 Weeks prior to the Start Date of the Reservation as established on the Booking Form. Reminders will NOT be sent regarding the 8 week deadline for final payment.
2.4 The Hirer agrees to notify the Owner in writing of any changes in the number and names of persons to occupy the Property during the Reservation.
2.5 The maximum number of persons to occupy the Property during the Reservation is 6 (plus one infant under the age of 2).
2.6 Hirer must be age 25 years or older.
2.7 The majority of the persons to occupy the Property must not be under the age of 25 unless they are all members of a single family or a formally supervised group.
3. Booking Fees and Deposits
3.1 Booking Fees are charged by the week and vary depending on the season. Please see the online schedule for information on the booking fee for the week(s) you are wishing to reserve.
3.2 Advance Deposit – The Advance Deposit due at time of Booking is 40% of the total Booking Fee for your reservation. If you are unsure what your deposit will be, please contact the Owner for more information.
3.3 Security Deposit – There is a £250 refundable security deposit required on every booking. The Hirer is required to keep the Property clean and in good order during the Reservation period. Hirer will be responsible for the cost of repairs or replacement in the event of damage or breakage. The Security Deposit will be held by Owner and any deductions for the above mentioned repairs or replacements shall be deducted from the Deposit if necessary. If there is a balance left after such deductions or no deductions necessary than the remainder of the deposit shall be refunded to the Hirer within 10 days after the end of the Reservation Period.
3.4 The Balance of the Booking Fee and the Security Deposit shall be paid to the Owner 8 weeks prior to the Reservation. Failure to pay the Balance could result in forfeiting the Reservation and part or all of the Deposit.
4.1 By Booking a Reservation the Hirer has entered into a legally binding contract. Therefore, once the Booking has been made the Hirer becomes responsible for the cost of the Reservation. Cancellation any time up to 8 weeks prior to the Reservation date will result in the forfeiture of the deposit.
4.2 Any Reservations cancelled less than 8 weeks prior to the Reservation start date will be subject to full forfeiture of the Booking Fee (excepting the Security Deposit) unless the Hirer is able to re-let the Property during the same period. In the case of a re-let, the Owner will return 60% of the Booking fee and the Security Deposit. The 40% initial Deposit will still be forfeited as liquidated damages for the breach of contract by Hirer.
4.3 Owner will make every reasonable effort to re-let the Property to mitigate damages caused by a Cancellation by the Hirer.
4.4 Hirer is strongly recommended to obtain Holiday Insurance
4.5 See section 6 below for cancellation of Reservation by Owner.
5. Damage, Loss and Nuisance
5.1 Hirer has agreed to maintain the Property in a reasonably clean and good working order.
5.2 Hirer must notify Owner or Owner's Caretaker upon arrival at the Property if, upon inspection, the Hirer finds any existing damage, cleanliness issues or other defects in the good working order of the Property. Owner or Owner's Caretaker will attend to any issues that can be immediately addressed and otherwise will note the issues so that the Hirer will not be held liable for those existing prior to arrival.
5.3 Should, during the Reservation Period, the Hirer discover damage of any sort that could not have been readily discovered during initial inspection (e.g. malfunction of a shower fixture), such damage shall be reported to the Owner or Owner's Caretaker immediately.
5.4 Hirer will not be held liable for normal wear and tear occurring during a standard occupancy.
5.5 Hirer agrees to responsibly supervise all occupants of the Property during the Reservation to insure the Property is maintained in a reasonably clean and good working order. Any damage caused by an Occupant shall be the responsibility of the Hirer and the cost of repair, replacement or additional post-Reservation cleaning shall be deducted from the Security Deposit paid by the Hirer.
5.6 Determination of good order and clean condition shall be at the sole, but reasonable, discretion of the Owner or Owner's Caretaker.
5.7 Hirer agrees not to cause, or allow other occupants to cause, nuisance or annoyance to occupants of nearby properties.
5.8 Hirer agrees to give reasonable access to Property during the Reservation Period to the Owner or Owner's Caretaker should it be deemed necessary.
5.9 A cleaner will be hired by the Owner at Owner's expense to come to the property promptly at 10:00am on the last day of the Reservation. Should the cleaner be unable to carry out a routine cleaning of the Property due to the failure of the Hirer to vacate the Property by 10:00am then the Hirer will be charged the expense of additional hours for the cleaner or the necessity to hire another cleaner at a different time as well as any additional charges for over-staying the Reservation as further detailed in Section 7 Below.
6. Booking Alterations
6.1 Booking Alterations by Hirer – Any alterations to a Booking by the Hirer, including, but not limited to, change of Reservation period or the names of those staying during the Booking, must have written consent of Owner. If alterations cause Owner to be unable to re-let during a portion of the original Reservation Period then Hirer will be liable for forfeiture of any portion of the Booking Fee that applies to that Period in the same manner as a Cancellation (See Section 4 above).
6.2 Booking Alterations by Owner – If, for reasons beyond their control, the Owner must cancel or alter the Reservation made by the Hirer, the Owner will make every effort to offer suitable alternatives, including alternate dates. If the Hirer does not accept the alterations, the Owner will return the Hirer any monies paid, including the full Deposit and the Booking contract will be terminated along with the liability of the Hirer and Owner under the contract.
7.1 Occupancy of the Property during the Reservation Period shall begin at 3:00pm on the first day of the Reservation Period and end at 10:00am on the last day of the Reservation Period.
7.2 Hirer is responsible for notifying the Owner or Owner's Caretaker immediately if they are unable to arrive at the Property by 3:00pm.
7.3 Hirer is responsible for insuring the Property is vacated by all occupants by 10:00am on the last day of the Reservation unless a later time has been agreed to, in writing, by the Owner.
7.4 The total number of Occupants during the Reservation period is strictly capped at 6 people with the exception of one (1) additional person if that person is an infant under the age of 2 years and does not take up a bed. See Section 2 above for a complete details of the occupant requirements.
7.5 Owner or Owner's Caretaker reserves the right to refuse entry to the Property to anyone who is not the Hirer or listed by the Hirer on their booking form.
7.6 Owner and Owner's Caretaker further reserves the right to refuse entry to the Property to any Hirer or part of Hirer's party that is deemed unsuitable or is in contravention to the Occupancy criteria. Entry will not be unreasonably withheld by the Owner or Owner's Caretaker.
7.7 Hirer is not permitted to erect any tents on the property or other fixtures that require stakes or other apparatus to attach them, even temporarily to the Property.
7.8 Hirer is not permitted to bring Caravans or other large vehicles onto the Property that could cause damage or a nuisance to the Property or surrounding properties.
7.9 If Hirer does not vacate the Property by 10:00am on the last day of the Reservation Period and does not receive written permission to stay beyond this time the Hirer will initially be charged an additional £100. If the Hirer does not vacate by 3:00pm on the last day of the Reservation Period the Hirer will be charged an additional £200. Should the Hirer fail to vacate the Property within 24 hours of 10:00am on the last day of the Reservation period then the Hirer will be charged for a further full weeks Booking Fee. The Hirer is liable for these charges as liquidated damages for failure to comply with the occupancy terms of the Booking contract.
8.1 Pets are not permitted on the Property or to be housed in vehicles on the property.
8.2 Written Permission may be obtained from the Owner for a pet under certain circumstances.
8.3 If such Written Permission is granted the Hirer will be required to pay an additional non–refundable Pet Fee as determined necessary by the Owner. In such circumstances and in order to ensure that the Owner continues to welcome pets into the property the Hirer must undertake the following:
a) There must be no more than 1 pet at the Property at any time without express written permission from the Owner;
b) Any fouling of lawns, paths etc must be cleared up and properly disposed of without delay;
c) The Hirer must bring the pet's bed for it to sleep in and the pet must sleep in the hall or the kitchen only;
d) No pets may ever be left in the Property unattended without the prior permission of the Owner and all pets must be under control and supervised at all times; and
e) Pets are not allowed in bedrooms or on sofas, chairs or beds and all hair must be cleared up prior to the Hirer's departure.
Failure to follow these rules will be a serious breach of these Booking Conditions and the Owner may require the Hirer to vacate the Property immediately without refund of any monies paid.
9.1 While the Owner makes every effort to ensure the accuracy of the Property description, the Owner cannot be held responsible for any alterations made to the Property or its amenities which are beyond its control or are reasonable for the ongoing maintenance of the property as a rental.
9.2 Hirer acknowledges that the Owner is not liable for any sickness, injury, loss, damage, additional expense or inconvenience, directly or indirectly cause by or arising out of the Occupancy of the Property with the exception of intentional acts on the part of the Owner that directly lead to such.
9.3 Hirer further agrees that the Owner is not liable for any damage to personal property or persons occupying the Property caused by weather conditions, exceptional or otherwise.
10. Breaches of Terms and Conditions – If it is determined by the Owner that there is any breach by the Hirer to the Terms and Conditions set out herein the Owner reserves the right to terminate the Booking contract. The Hirer will remain liable for any costs, including the full cost of Booking Fees and Deposits as liquidated damages due to any serious Breach of the Terms and Conditions that leads to such termination.