1. CONTRACT The Contract
to hire the accommodation shall be between the Hirer and
the Owner of the
accommodation and not R.H.H. who act solely in the capacity
of booking agents on behalf of the owner. A
binding Contract exists when the completed booking form has
been received and confirmation of the
booking posted to the applicant by R.H.H. Please check your
confirmation on receipt. The
occupation charge is forwarded to the owner soon after receipt.
The owners’ identity is available on request.
2. RIGHT TO OCCUPY All bookings arranged
by R.H.H. are for the express purpose of conferring upon
the Occupier the right to occupy the accommodation for
a bona fide holiday or are lettings of
properties which have been used for holidays within the
preceding twelve months and as such they are
not protected tenancies under the Rent and Housing Acts.
3. BROCHURE INFORMATION Every
effort is made to ensure that the information contained
in this brochure (and on any supplementary sheets) is accurate,
but neither RHH nor the Owner accept any
liability for inaccuracies save for those that are fundamental
and thereby reasonably relied upon by the
Hirer.
4. CANCELLATION INSURANCE See overleaf
for important changes to the insurance available
for cancellation and curtailment. It is the responsibility
of the Hirer to ensure that adequate
cancellation cover exists. Liability for the payment of
any sums due remains with the Hirer where
cancellation cover does not exist or is inadequate.
5. REFUSAL OF BOOKINGS The Owner and
RHH reserve the right at their absolute discretion to cancel
any booking [or arrangement made or any part thereof] upon
giving the Hirer reasonable notice in
writing before the time for performance of the contract.
The Owner and RHH will have a right of
cancellation during the performance of the contract if
it is necessary in the circumstances. The Hirer will
be entitled to receive a refund of all monies paid under
the contract save where the cancellation is due
to the fault of the Hirer. The Hirer’s statutory
rights are not affected.
6. PAYMENT OF BALANCE AND KEY ARRANGEMENTS The
balance of the occupation charge is
payable without further request not later than eight weeks
before the commencement of the holiday
period and on receipt of this you will be informed of the
arrangements regarding keys. In the case of
bookings made later than eight weeks before the holiday
the booking form must be accompanied by
payment of the occupation charge in full and unless payment
is received by R.H.H. at least ten days before
the commencement of the holiday then the entire payment
must be made in cash, by bankers draft or
building society cheque. Cheques should be made payable
to Rumsey Holiday Homes. The Hirer is
responsible for all fees and bank charges that may be incurred
for special clearance of cheques or
negotiation of foreign transactions. Debit/Credit card
payments are also acceptable.
7. NON-RECEIPT
OF BALANCE BY DUE DATE If RHH do not receive
the balance of the occupation
charge and any Refundable Security Bond by the due date,
they shall be entitled but not obliged to treat
the booking as cancelled and will use its best endeavours
to re-let the accommodation. Notwithstanding
the above the balance of the occupation charge remains
due and payable by the Hirer. If RHH re-let the
accommodation it shall refund all monies paid by the Hirer
less any shortfall in the total value of the
booking incurred on the re-letting and less 18% commission
plus VAT on the full occupation charge for
the period re-let. If the Hirer pays the sums due before
the accommodation is re-let the Hirer will be
entitled to occupy the accommodation.
8. REFUNDABLE
SECURITY BOND This is shown together with
the occupation charges under the
descriptions and is due at the same time as the balance
of the occupation charge (or when the booking
is made, if made later than eight weeks before the holiday).
This Bond is held by R.H.H. as agents for the
owner against any breakages, excess cleaning, etc. and
the balance is returned to you as soon as possible
after the holiday. Depending on the workload this is usually
between three and four weeks. We reserve
the right to alter the amount of deposit from that stated
in the brochure at our discretion and up to twice
the amount stated. Any deductions made are on the instructions
of or on behalf of the owner.
9. BED LINEN No
one is permitted to sleep in or occupy the beds in the
accommodation except between sheets or duvet covers and
with a pillow case on any pillow and such linen is to be
provided by the hirer
unless otherwise stated in the description.
10. ANIMALS
AND OTHER PETS No pets may enter the premises
unless permitted in the brochure
description and prior written consent is obtained from
R.H.H.
11. ARRIVAL
AND DEPARTURE Occupation may be taken up from
3.00pm on the date of entry and the
property vacated not later than 10.00am on the day of departure.
Occupation periods are from Saturday
to Saturday, unless otherwise stated in the brochure. Unduly
late departure or return of keys causes
problems and may at the discretion of RHH result in a charge
being imposed on the Hirer equal to one
day’s accommodation charges. Arrivals after 6.00pm
may incur a charge of £15.00 payable within 7 days
of the arrival date.
12. PERSONS
WHO MAY OCCUPY The hirer and party shall have
the right to occupy the
accommodation for holiday purposes only and for the agreed
period only. The hirer may not allow any
person other than those named on the booking form and in
any case not more than the number of
persons the property is stated in the brochure to sleep,
to occupy the premises. Failure to comply with
this requirement will compromise insurance cover and the
refundable deposit will be forfeit.
13. GROUPS
OF SINGLE PERSONS Parties of single persons
are not normally accepted by Owners of properties in this
brochure, all of which are intended for use by families
or couples.
14. CANCELLATION Cancellations
must be in writing to RHH. On receipt of a cancellation
RHH will endeavour to re-let the accommodation but notwithstanding
this the balance of the occupation charge
remains payable by the Hirer by the due date. If the accommodation
is re-let a refund of the occupation
charge will be made to the Hirer less any shortfall in
the total value of the booking incurred on the reletting
and less 12% sublet commission plus VAT on the full occupation
charge for the period re-let.
15. BOOKING
ALTERATIONS Once a booking has been confirmed,
we cannot accept a change of property.
A change of week may be possible but would incur a £20.00
administration fee (plus VAT). Written
confirmation of such a request together with payment of
the fee must reach us before we can alter the
week.
16. COMPLAINTS You
must notify the Owner or his representative (or RHH if
they are unavailable) of any complaint as soon as reasonably
practicable and provide full details in order to allow
as much time
as possible for any corrective action to be taken. Any
cleaning complaint should be directed to the
cleaner at first instance, whose telephone number should
be displayed in the property. In the event of
disappointment with the accommodation no alternative accommodation
can be offered but this does
not affect your statutory rights.
17. MATTERS
BEYOND OWNER’S CONTROL These include
local happenings that may occur at any
time, eg nearby building work or invasion by pests. RHH
will inform you about any significant matter or
significant works that are within their knowledge, which
are likely to materially affect your occupation
of the property. Neither the Owner nor RHH accept responsibility
for any matter beyond their control or
for the effects any works may have on your enjoyment of
the property. This does not affect your
statutory rights.
18. WITHDRAWAL
OF PROPERTY In the unlikely event of withdrawal
of the property by the Owner for
whatever reason, the booking will be cancelled and RHH
will notify the Hirer in writing as soon as
reasonably practicable. The Hirer shall be entitled to
a full refund of the sums paid under the contract.
19. REPAIRS The
Hirer must report any defects occurring in the accommodation
or its equipment as soon as reasonably practicable. All
reasonable efforts will be made to arrange for necessary
repairs or
renewals to be carried out as quickly as possible. The
Hirer shall permit the Owner, RHH or other agent
upon giving reasonable notice to enter the accommodation
at any reasonable time of day (or at any time
in the event of an emergency) for the purpose of carrying
out any repairs. RHH shall not be liable for any
defects in the accommodation including its equipment.
20. TELEPHONE The
Hirer shall pay the cost of all telephone calls as notified
to R.H.H. by British Telecom and an administration charge
by R.H.H. of £1.32 +
VAT. N.B. Certain phones offer limited service only and
others are used on a pre-pay basis.
21. USE OF
PREMISES The Hirer must take reasonable care
in the use of the accommodation and keep
it clean and tidy at all times. The Hirer is responsible
to pay the reasonable costs of cleaning, clearing,
renewals, repairs or redecoration works necessitated by
any damage caused during the period of hire
(reasonable wear and tear and damage by fire excepted).
The Hirer must not permit any annoyance to
adjoining occupiers and must comply with all estate regulations
and lease terms affecting the
accommodation (which are displayed at the property). A
wheelie bin collection service operates in this
area and bins must be placed within one metre of the kerb
on the appropriate day (details are displayed
at the property). Caravans, trailers and boats are not
permitted at most apartments.
21(a). Please note
that the majority of units are now non-smoking. Please
ensure all members of the party and guests are aware of
any restrictions.
22. ITEMS LEFT
BEHIND Neither RHH nor the Owner accepts
any responsibility for items left behind by
Occupiers. If the Hirer fails to collect items kept at
RHH’s
discretion within 7 days of departure they will
be treated as abandoned and will be disposed of accordingly.
The Hirer will be responsible for all storage
costs that might be incurred.
23. INFORMATION
GIVEN BY STAFF RHH will not be liable for
any statements made by its staff save
for representations that are reckless, negligent or fraudulent.
24. OCCUPATION
AT HIRER’S
RISK Use of the accommodation is at the Hirer’s risk
and no liability shall fall upon RHH or the Owner for injury
to Occupants or damage to or loss of the Occupant’s
belongings or property save
for that caused by the negligence of RHH or the Owner.
25. CALL OUT If
the hirer requires a call out by a contractor who reports
to R.H.H. that the call out was due to the fault of the
hirer, including failure to read instructions and “Lockouts” the
hirer may be charged for the call out.
26. EQUIPMENT
HIRE Apart from cots and nursery equipment
no extra equipment may be hired
without special consent. Contravention of this condition
may result in a charge being made for removal.
Equipment hire is arranged through companies with no connection
to RHH. No warranty or guarantee
of satisfaction from RHH is given or implied. Holidaymakers
must make arrangements direct with the hire
company concerned and any queries must be directed to them
and not RHH.
27. ALTERATIONS No
servant, agent or representative has authority to alter,
modify or waive any provision ofthese Conditions, which
shall at all times be governed by the jurisdiction of the
relevant UK
court. |