The Penthouse at Thurlestone Beach
1. INTERPRETATION OF THIS AGREEMENT
In these Terms:
(a) The Holiday Period means a period commencing at 1500 hours
on the Commencement Date and ending at 1000 hours on the Departure
Date.
(b) The Booking Fee means a sum equivalent to 33% of the Licence
Fee.
(c) When two or more persons are together the Owner or the
Licensee, they are responsible for their obligations both
jointly and individually.
(d) If a word is in the singular it shall also include the
plural and vice versa and if the masculine gender is used
it shall also include the feminine gender (where applicable).
(e) The headings are only for convenience and not part of
the Terms.
(f) The laws of England and Wales apply to this Agreement
and in the event of a dispute if either the Owner or the Licensee
wants to take Court proceedings they must do so within England
and Wales.
2. AGREEMENT
2.1 The Owner permits the Licensee to occupy the Cottage
for the Holiday Period for the Licence Fee, payment of which
is required in advance, together with use of the furnishings,
kitchen equipment, crockery, glasses, bedding and towels as
set out in the inventory, which must be signed by the Licensee
and by or on behalf of the Owner on the Commencement Date.
2.2 The Holiday Period will commence at 1500 hours on the
Commencement Date and the Licensee must have vacated the Cottage,
with all his or her family and effects, by 1000 hours on the
Departure Date. Failure to do so will result in the Licensee
being charged a further day’s proportionate licence
fee.
3. BOOKING & DEPOSIT
3.1 Upon payment of the Booking Fee the Owner will reserve
the Property for the Licensee for the Holiday Period. The
balance of the Licence Fee and Deposit is payable no later
than 21 days before the Commencement Date. Failure to pay
the balance of the Licence Fee and Deposit in time may result
in the Property being let to someone else for the Holiday
Period. In the event that this occurs the Booking Fee is non-refundable.
3.2 The Deposit will be held by the Owner to be applied against
repair or replacement and cleaning of fixtures, kitchen items,
bedding, towels etc damaged or soiled, otherwise than by usual
wear and tear, during the Holiday Period by the Licensee or
his or her family. The balance of the Deposit will be returned
within 21 days of the Departure Date.
3.3 If the Licence Fee and the Deposit are paid by cheque
they must be cleared funds before the Commencement Date. Cheques,
which should be in favour of Mr & Mrs R J Way should allow
5 days for clearance.
4. KEYS & OUTGOINGS
4.1 Caroline Day will issue to the Licensee 2 sets of keys
to the Cottage on the Commencement Date and the Licensee must
leave them in the house on the Departure Date. If the Licensee
loses a key the Owner will replace it upon the Licensee paying
the costs of having a replacement cut.
5. THE LICENSEE’S PROMISES
The Licensee and his/her family must:
5.1 Comply with the Regulations a copy of which is annexed
hereto, and a further copy of which will be found in the information
folder at the Cottage.
5.2 Not do anything or permit anything to be done that would
or may result in the insurance of the Cottage becoming void
or voidable or the premium on it being increased.
5.3 Allow the Owner or his agent to enter the Cottage to
inspect the state of it, on prior appointment save in emergency
when immediate access must be granted.
5.4 Keep the Cottage and the furniture, kitchen equipment,
glass, crockery, bedding and towels clean and in good condition
and be responsible for repairing any damage.
5.5 Not cause any damage to the walls, doors or windows of
the Cottage.
5.6 Not use the Cottage or allow its use for any dangerous,
offensive, noxious, noisy, illegal or immoral activities or
carry on there any act that may be a nuisance or annoyance
to the Owner.
5.7 Not to permit any dogs into the bedrooms or on any of
the furniture, and to keep any dogs under control at all times.
5.8 Not leave any dogs unattended at the Cottage.
5.9 Not to have more than 8 adults sleep at the Cottage being
6 adults in full size adult beds and 2 by prior arrangement
on temporary beds.
5.10 No later than 7 days prior to the Commencement Date,
confirm the number of adults and children who will occupy
for the Holiday Period and, at that time, request any cots
and high chairs required.
6. THE OWNER’S PROMISES
The Owner:
6.1 Must allow the Licensee and his or her family enjoyment
and use of the Cottage for the Holiday Period free of interruption
except in emergency.
6.2 Will provide clean bed linen and towels, drying-up cloths,
soap, lavatory paper, washing-up liquid, soap powder and cleaning
materials as reasonably required during the Holiday Period.
6.3 Will pay gas, electricity, water and sewerage bills.
6.4 Confirms that all the electrical appliances and equipment
provided by the Owner are safe and will not cause damage and
that all electrical appliances and equipment manufactured
after 19 January 1997 are marked with the appropriate CE symbol.
6.5 Confirms that he has complied with the Gas Safety (Installation
and Use) Regulations 1998 and that the safety certificate
is available for inspection by the Licensee.
6.6 Confirms that the furniture and furnishings in the Cottage
comply with the Furniture and Furnishings (Fire) (Safety)
Regulations 1988 as amended.
6.7 To provide on request and without additional charge cots
(with mattress but without linen) and high chairs requested
no later than 7 days prior to the Commencement Date.
6.8 To provide additional beds and bedding to provide a maximum
occupancy of 8 (not including infants in cots) provided the
full number of occupants is provided to the Owner or agent
no later than 7 days before the Commencement Date.
7. NON-TRANSFER OF AGREEMENT
7 This licence is personal to the Licensee. The Licensee
must not use the Cottage except for the purpose of a holiday
by the Licensee and the Licensee’s family during the
Holiday Period, and not for any other purpose or longer period.
8. CANCELLATION & TERMINATION
8.1 In the event that the Licensee, having paid the Booking
Fee, wishes to cancel the booking:-
8.1.1 He should notify the Owner immediately.
8.1.2 A fee of £25.00 will be payable by the Licensee
to the Owner.
8.1.3 The Owner will endeavour to find a replacement booking
for the Holiday Period but if no replacement booking is
found the Licence Fee will remain payable in full by the
Licensee.
8.1.4 If a replacement booking is found for the full Holiday
Period the Licence Fee and Deposit will be refunded less
the sum of £25.00 for administrative charges.
8.1.5 If a replacement booking is found for part only of
the Holiday Period the Licensee will be charged for that
proportion of the Holiday Period for which no replacement
booking is found pro rata.
8.2 The Owner may bring this licence to an end before the
end of the Holiday Period by the Owner giving the Licensee
notice only in the event of the Licensee being in material
breach of the terms of this agreement or by reason of fire
or some other catastrophic event of the type covered in a
comprehensive insurance policy.
8.3 In the case of determination by reason of the Licensee’s
default there will be no refund of the Licence Fee.
8.4 In the case of the Cottage being made unavailable or
uninhabitable for any reason anytime prior to the end of the
Holiday Period the Owner will return to the Licensee the appropriate
proportion of the Licence Fee attributable to the then unexpired
remainder of the Holiday Period but will not be liable for
any further damages.
9. NOTICES
Any notice to be served on the Licensee under this agreement
may be given during the Holiday Period by delivery through
the letterbox or putting under the front door of the Cottage
and shall be deemed to have been received upon the expiration
of 24 hours after service.
SCHEDULE - THE REGULATIONS
1 The flowers and plants in the garden are not to be picked
or pulled up and the lawn is to be kept mowed and the garden
tidy.
2 No washing is to be hung out or left to dry outside the
Cottage [except on the washing line provided].
3 The Licensee’s car, motorcycle or other vehicle must
only be parked in the parking space marked as allotted to
go with the Cottage.
4 Additional electrical apparatus may not be connected to
the electrical system and the existing apparatus may only
be used at the density of one item to each outlet plug. The
Licensee must not extend the electric wiring or cause overloading
to the electrical system.
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