TERMS AND CONDITIONS
For the hire of 7 St Andrew Street Wells, Somerset

1.The Contract

These terms and conditions will apply to the contract (the Contract) for hire of 7 St Andrew Street, Wells, Somerset (the Cottage) made between Kathleen and Maurice Johnson (the Owners) and the person arranging the hire (the Hirer) which will arise when the non-refundable deposit has been received by the Owners.

2.The Booking

The Cottage will be occupied by the Hirer for a holiday and the Contract between the Owners and the Hirer is not intended to create the relationship of landlord and tenant between them. The Owner shall not be entitled to any assured shorthold tenacy or any statutory protection under the Housing Act 1988 or any other statute granting security of tenure now or in the future.

2.1 The Booking cannot be made by a person under the age of 18.

2.2 The number of people occupying the Cottage must not exceed 6 (except with the Owners’ prior written consent) and may not comprise single sex groups.

2.3 No pets are allowed at the Cottage other than registered guide dogs (except with the Owners’ prior written consent).

2.4 No smoking is permitted anywhere inside or immediately outside the Cottage.

2.5 The Owners reserve the right to decline any booking or refuse to hand over the key to any person who has not complied with these terms and conditions and/or the Contract.

2.6 The Owners reserve the right to cancel the booking at any time where in the reasonable opinion of the Owners it is necessary to perform essential remedial works to the Cottage. Upon any such cancellation the Owners will refund the whole of the hire charge to the Hirer (including in the case of cancellation by the Owners under this condition but not otherwise) the deposit but will not be liable for any further or additional costs incurred by the Hirer or for any compensation.

3. The Reservation

3.1 Provisional reservations can be made by telephone or e mail and must be confirmed within 7 days by receipt by the Owners of the non-refundable deposit otherwise the provisional reservation will be cancelled without further reference.

3.2 A non-refundable deposit of 25% of the total hire charge shall be paid by the Hirer to the Owners.

3.3 The Hirer is liable to pay the balance of the hire charge no later than 6 weeks prior to the start date of the hire period. The Owners reserve the right to cancel the booking and to re-let the Cottage where the balance is more than 7 days overdue. If the Owners are unable to re-let the Cottage, the Hirer remains liable for the outstanding balance.

3.4 Payments may be made by postal order, sterling cheque drawn on a UK bank account payable to “Mrs. K.A. Johnson” or, at the Hirer’s cost, by bank transfer (details of which will be supplied by post).

4. Cancellation

The Hirer may cancel the Contract at any time prior to the balance of the hire charge falling due but any deposit paid shall not be refundable. The Owners require that all cancellations are notified by telephone or e mail and confirmed in writing. If the Hirer is obliged to cancel after the balance of the hire charge has been paid then the Owners will try to re-let the Cottage and, if successful, will refund any monies paid less the non-refundable deposit. If the Owners are unable to re-let the Cottage, the Hirer remains liable for any outstanding balance.

5. Damage, Loss and Nuisance

5.1 The Hirer agrees:

a. That the supervision of all members of the Hirer’s party remains the responsibility of the Hirer at all times.

b. To be responsible for leaving the Cottage in good order and clean condition. The Owners will be entitled to make a charge for extra cleaning if the Cottage is not left in a satisfactory condition.

c. To report and pay the Owner for any damage or loss howsoever caused, excluding reasonable wear and tear, which is attributable to the Hirer’s occupation of the Cottage.

d. Not to cause a nuisance to occupants of neighbouring properties particularly No.7A St Andrew Street.

e. To allow reasonable access to the Cottage by the Owners and/or the Owners’ servants and agents if the Owner deems it necessary during the period of Hire.

f. That any bicycles brought by the Hirer will not be taken into the Cottage.

5.2 If, in the opinion of the Owner, the Hirer or anyone in the Hirer’s party is not suitable to continue their occupation of the Cottage due to their unreasonable behavior, damage to the Cottage or any neighbouring property/ies or nuisance caused, the Owner may repossess the Cottage immediately. The Hirer will remain liable for the whole hire charge and no refund will be given.

6. Occupancy

Occupancy of the Cottage shall be from 3pm on the day of arrival to 10am on the day of departure. Adherence to the arrival and departure times forms part of the Contract and any stay that extends over these times may be subject to an extra charge.

7. Services

The cost of electricity, water and gas are included in the hire charge.

8. Descriptions

Whilst the Owners make every effort to ensure the accuracy of the description of the Cottage contained in their published materials and web site, these are subjective and for guidance only and do not form part of the Contract between the Hirer and the Owners. The Owners reserve the right to alter, substitute or withdraw any service, facilities or amenities at any time.

9. Liability

The Owner cannot accept responsibility for any material loss, damage, expense or inconvenience directly or indirectly caused by or arising out of the Cottage, its plumbing, electrical equipment or otherwise or exceptional weather. Neither can any responsibility be accepted for loss or damage of property vehicles or vehicle’s contents belonging to the Hirer or any member of the Hirer’s party during their occupancy.

10. Complaints

If, in the opinion of the Hirer, there are grounds for complaint, it is the duty of the Hirer to take it up with the Owner either directly or through the Owners’ local agents, as soon as possible and in any event before departure to allow remedial action to be taken. It is specifically agreed that failure by the Hirer to notify the Owners of any complaint in accordance with this time-scale will entitle the Owners to refuse to entertain the complaint irrespective of its merits. The Owners undertake to observe the English Tourism Council’s code of conduct. In the event of an unresolved complaint, the Owner reserves the right to refer the matter to the Council for arbitration.

11. Waiver and Governing Law

11.1 The failure of the Owners to enforce or exercise at any time, any terms of, or any right pursuant to the Contract between the Hirer and the Owner does not constitute and shall not be construed as a waiver of such term or right.

11.2 English law shall govern the construction, validity and performance of these terms and conditions and the Contract arising out of them and the parties submit to the exclusive jurisdiction of the English Courts.