DEFINITIONS
i. The Guests are those persons whom the Owner of the Holiday Let authorises to occupy the property and who are listed on the Booking Form and for the period stated therein.
ii. The Owner of the Holiday Let is Martin Miranda.
iii. The Holiday Let is the property known as Fell View, Penrith, and is the residential house, utility room, gardens bordered by wooden lap fencing and hedges, and driveway leading to the garage but not including the garage.
iv. The Booking Form means that completed form when requesting to stay at the Holiday Let.
v A Booking means the acceptance by the Owner of the request to stay at the Holiday Let.
vi. The Booking Cost means the total price payable to occupy the Holiday Let (excluding any Security Deposit);
vii. The Booking Deposit is the initial payment referred to in the email sent by the Owner confirming the booking.
viii. The Final Payment Date means the date by which the balance of the Booking Cost must be paid.
ix. The Security Deposit means a deposit to be paid (if applicable) in accordance with Clause 4;
FELL VIEW, PENRITH,
HOLIDAY LETTING AGREEMENT
TERMS AND CONDITIONS
IT IS AGREED
The Guest(s) will be entitled to occupy the Holiday Let for holiday purposes only for the period specified and agreed to in the Booking Form.
A Booking will only be deemed to be valid when:
A confirmation email has been sent from the Owner to the Guest making the Booking, and
the required Booking Cost and/or final payment(s) have been made in line with the terms of payment below, and
the Terms and Conditions have been read and agreed to by the Guest making the booking
the person who makes the booking and is named on the Booking Form is deemed to be the “responsible person” and must be at least 18 years of age and be one of the Guests staying at the Property. As the person who has contracted to the booking, he/she will also be responsible for the actions of the other guests and any visitors, settling of payments, and the primary contact if necessary for any other matters related to the booking.
The Owner can refuse to allow the Guest(s) into the Holiday Let or ask them to leave if it reasonably believes that any member of the Guests or any other person (Visitor) they have invited to the Holiday Let is behaving, has behaved illegally, antisocially or that damage has been, is being or is likely to be caused. If the Owner takes this step, the Booking shall be terminated with immediate effect and the Guest(s) shall not be entitled to a refund or any compensation for any reason due to the Booking coming to an early end.
2. MAKING A BOOKING
A booking request for Fell View Holiday Let may be made either by telephone or by completion of the Booking Form found on Fell View’s Website. In either case, the Owner will confirm a booking request by email confirming the details received namely:
The name of the Holiday Let Fell View, its address and contact details;
The dates on which the request to occupy the Property has been made;
The principal Guest’s name, address, telephone number and email address;
Confirmation that the Guest making the booking is aged 18 years or over;
The number of guests, including children between the age of 4-13, and below the age of 4;
Number of Pets, their breed and age;
Payment details.
The number of Guests (adults and children) occupying the Holiday Let must not exceed the maximum capacity of 6. If at the time of the let the maximum number of Guests is exceeded, then the additional persons will not be permitted to occupy the property and if they continue to do so, the Owner may cancel the Booking with immediate effect without any of the Guests being entitled to any refund or any compensation for any reason due to the period coming to an end early.
This Agreement shall not confer on the Guests any security of tenure within the terms of the Housing Act 1988 under which the occupation shall be deemed to be by way of an excluded tenancy.
3. PRICING AND PAYMENT
On making a Booking the Guest will be asked to make payment as follows: -
If the first day of the Booking is more than 60 days from the date of the booking request, the Guest must pay the Booking Deposit;
If the first day of the Booking is 60 days or less from the date of the booking request, the Guest must pay the total Booking Fee at the time of the booking request and, if applicable, a Security Deposit.
All payments will be accepted and administered by the Owner.
Payment can be made by debit card, credit card or Paypal
The Guest must have paid the Booking Fee in full no later than 60 days before the first day of the Booking Period. Or otherwise agreed in writing with the Owner. If the Owner does not receive the Booking Fee (or balance where a Deposit has been paid) by the Final Payment Date then it may cancel the Booking.
If the Booking is cancelled the Owner shall retain the Deposit subject to the provisions of clause 5.
We strongly recommend that you have adequate travel insurance covering your travel arrangements. We cannot provide refunds if your travel plans are disrupted (eg by bad weather, road closures, or cancelled services); please check that your travel insurance covers you for this.
4. SECURITY DEPOSIT
The Owner may require the Guest to pay a Security Deposit. If this applies to a Booking the Owner will advise the Guest of the amount of the Security Deposit and when this is payable, and it will be shown on the Booking confirmation.
if during the Booking Period there are any breakages, damage to the Holiday Let, any items need replacing, or if after the Guest(s) have vacated and the Property needs cleaning beyond what would be reasonably expected, these costs will be deducted from the Security Deposit.
If after deducting these costs, any part of the Security Deposit remains, this shall be returned to the Guest.
If the cost of repairs or replacement exceeds the amount of the Security Deposit, or where a Security Deposit has not been sought or paid, the Guest agrees to recompense the Owner for any excess amount to the total value for the repair or replacement.
The Owner will advise the Guest within 7 days, from the end of the Booking Period, if any deduction is to be made from the Security Deposit.
If no deduction is to be made, the Security Deposit will be refunded within the 7 days following the end of the Booking Period.
5. CANCELLATIONS
You can cancel your booking or request to change the dates of the Booking Period by phone or email.
Cancellation fees are as follows:
More than 6 weeks before the arrival date. The Booking Deposit, any Security Deposit and any balance already paid will be fully refundable.
4-6 weeks before the arrival date. 50% of the full amount unless the property is re- let, in which case a full refund is payable. Any Security Deposit paid will be refunded in full.
An email will be sent by the Owner to the Guest to confirm any cancellation or change of booking dates.
6. ACCOMMODATION
The Property is on 2 levels and some areas are not suitable to facilitate the use of a wheelchair. There is wheelchair access from the vehicle access gateway to the area in front of the garage which is adjacent to the property. Please ask for more details of access to the property if required.
The property is also toddler and child-friendly but there are wooden steps to the front and rear garden decking, and concrete steps to the rear garden and down to the front pedestrian access gate. Therefore, all children must be supervised at all times. The Owner takes no responsibility for any accidents that may occur. Baby gates are provided for internal stairs, as is a child's high chair. A baby cot can also be provided but not mattress or bed linen.
2-4 weeks before the arrival date 25% of the full amount will be refunded. Any Security Deposit paid will be refunded in full.
Less than 2 weeks before the arrival date No refund can be made unless the Property is re- let. Any Security Deposit paid will be refunded in ull.
7. PETS
The Holiday Let is Pet Friendly. Guests must not bring any pets into the Holiday Let unless this has been agreed with the Owner at the time of making the Booking or at least 14 days before the start of the letting.
Where pets are permitted in the Holiday Let: -
the type of pet permitted in the Holiday Let is limited to canine pets only;
only up to 3 dogs are permitted;
they must not be left unattended in the Holiday Let (including any garden) at any time;
they must not be allowed in any of the bedrooms or on any of the furniture within the Holiday Let unless furniture throws are used;
they must be under strict control at all times;
whilst we do have dog blankets, food and water bowls, and furniture throws, please bring your own so that your pet may feel more comfortable;
the guest must clear up any fouling on gardens or grounds without delay. A dog waste bin is provided.
If Guests wish to attend an event where dogs are not permitted, dog sitting may be arranged with reasonable prior notice. A charge will be made for this service.
The garden is described as “enclosed” but it does not mean that it is ‘escape-proof’ for pets.
If Guest(s) bring a pet with them without having agreed with the Owner at the time of making the Booking, or at least 14 days before the start of the Booking Period, then the Guest may enter the Holiday Let and require the Guest with the pet to vacate the Holiday Let.
If the Owner takes this step the Guest shall not be entitled to a refund or any compensation for any reason due to the Booking Period coming to an end early. If the Guest or anybody within the group fails to abide by these rules the Booking may be cancelled in accordance with clause 5.
7. PROBLEMS OR COMPLAINTS
Please tell us straight away about any problems. We want you to have an enjoyable stay and if we can we will try to put anything right immediately. Emergency contact details are in the welcome pack in the Property. We cannot consider compensation for complaints raised after you leave or if you won’t allow us to try to put things right while you are staying with us.
9. THE GUESTS’ OBLIGATIONS
9.1 General
· Smoking or vaping is not allowed inside the Property.
· The charging of electric vehicles including cars, vans, bi or tricycles, and skateboards from the electric supply of the Holiday Let is not permitted as this is dangerous and contravenes the Holiday Let’s insurance and no allowance has been made for this in any Booking Cost. The nearest EV charging point is detailed in the Holiday Let Guide.
No illegal drugs or the use thereof is permitted on the property.
No illegal activity is permitted on the property.
All accidents and breakages should be reported to the owners before leaving the property.
Any matters referred to in the guidebook concerning the property, such as damage, and items specified but not included, should be advised to the owner when as early as possible.
No portable electrical appliances are to be brought into the property other than mobile phones. tablet or laptop charging devices.
9.2 Safety and Security
Please lock the Property and close the windows whenever you go out because we cannot be held responsible for any accidents, break-ins or theft during your stay.
9.3 Keys
Upon arrival, the Guest will receive a set of keys for the Property. These will either be handed to the Guest by the Owner or, if your arrival is at a late hour, they will be left in a key safe, the location and code will be emailed to you closer to your arrival time. Please ensure that you return the keys to the Owner at the end of the Booking Period. If you are leaving early then the keys may be left in the Key Safe.
9.4 Damage, Nuisance
The guest agrees to:
Keep the interior of the Property in a good clean and tenantable state and condition and not damage or injure the property or any part of it. Yield up the Property at the end of the term in the same clean state and condition it was in at the beginning of the term. Reasonable wear and tear and damage by insured risks accepted
Maintaining the Property and keeping in a good, clean condition all the contents of the Property as a list of the inventory (supplied in welcome pack) if any and to replace, repair or cleanse any items which become broken or damaged during the term. Report breakages or damage promptly, i.e., within the agreed Booking Period.
Not make any alteration or addition to the Property nor to do any redecoration or painting of the property
The Holiday Let is in a residential area, please be respectful of the neighbours.
Not do or omit to do anything on or at the Property which may be or become a nuisance or annoyance to any other occupiers of the Property or owners or occupiers of adjoining or nearby Property or which it may in any way prejudice the insurance of the Property or cause an increase in the premium payable therefore. PLEASE NOTE: noise disturbance of other occupiers of nearby properties and complaints thereof will result in loss of security deposit
Not use or occupy the Property in any way whatsoever other than as a private holiday residence for a maximum of six persons
Not assign sublet charge or part with or share possession of occupation of the property or any part thereof
Allow the Owner or anyone with the Owner’s written permission to enter the Property at reasonable times of the day to inspect its condition and state of repair and carry out any necessary repairs provided the Owner has given reasonable prior notice (except in an emergency).
10. OWNER’S OBLIGATIONS
10.1 General
Subject to the Guest paying the rent and performing their obligations under this agreement the Guest may peaceably hold and enjoy the Property during the term without interruption from the Owner or any person rightfully claiming under or in trust for the Owner.
The Owner will ensure the Property and the contents of the Property which belonged the Owner as listed on the inventory and make a copy of the insurance policy available to the guest.
10.2 Limitation of liability
The Owner cannot accept liability for any injury, loss or damage, consequential or otherwise suffered by Guests, unless there was wilful default by the Owner or their agent/employees, or unless personal injury or death was caused by our negligence.
10.3 Risk Assessments
Risk assessments relating to fire safety etc are included in the Guide Book in the property, and we strongly encourage you to familiarise yourself with these to ensure your own safety. This includes details of a first aid kit, and fire blanket, fire extinguishers, and safety torches provided in the Property.
10.3 Owner having to cancel booking
If the Holiday Let becomes unavailable after the Guest has booked (for example because of flood damage) the Owner will refund anything the Guest has already paid and the Owner will make every effort to find alternative accommodation in the area for the same period or other acceptable dates.
11. DISCLOSURE
Failure to disclose all relevant information or comply with these terms may lead to termination of the contract and loss of booking without a refund.
By Booking with the Owner you confirm that you, the Guest, and everyone in your party accept these Terms and Conditions and will comply with them.
TABLE OF CONTENTS
Clause i DEFINITIONS
1 IT IS AGREED
2 MAKING A BOOKING
3 PRICING AND PAYMENT
4 SECURITY DEPOSIT
5 CANCELLATIONS
6 ACCOMMODATION
7 PETS
8 PROBLEMS OR COMPLAINTS
9 GUESTS’ OBLIGATIONS
9.1 General
9.2 Safety and Security
9.3 Keys
9.4 Damage, Nuisance
10 Owner’s Obligations
10.1 General
10.2 Limitation of Liability
10.3 Risk Assessments
10.4 Owner having to cancel
11 Disclosure
These Terms and Conditions explain what you agree to when you book the Holiday Let and tell you what to expect from us; they are designed with fairness and safety in mind.