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 INSURANCEIt 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 12% 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 (where applicable) 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 of these Conditions, which shall at all times be governed by the jurisdiction of the relevant UK court.