AN AGREEMENT FOR THE PURPOSE OF HOLIDAY LETTING A FURNISHED PROPERTY
Meaning of terms:
The Property: means the house known as The Old Cottage and the garden [but excludes the loft and outbuildings] at the address: 40 Fish Lane, Bognor Regis. West Sussex. PO21 3AH.
The Owner: means Tim Hart
The Booking Form: means the form provided by The Owner and completed by The Hirer
The Hirer: means the person or persons who have agreed to pay The Tariff
Period of Hire: means the times and dates agreed between The Owner and The Hirer set out on The Booking Form: whereby The Hirer has agreed to pay The Tariff.
The Tariff: means the price The Hirer agrees to pay The Owner for the Period of Hire
Authorised Guest: means anyone who is a member of The Hirer’s party and whose name appears on The Booking Form as a guest
The Inventory: means the list of items which comprise the contents of the house including the items of furniture but excluding fixtures & fittings
Conditions of hire:
The formation of the contract for hire
The contract will be deemed to have been formed between The Owner and The Hirer upon submission of a completed Booking Form by The Hirer, accompanied by the deposit and payment as required and confirmation of acceptance in writing by The Owner
The Hirer is entitled to occupy The Property for holiday purposes only and this agreement shall not confer on The Hirer, or any Authorised Guests, any security of tenure within the terms of the Housing Act 1988 pursuant to which the occupation shall be deemed to be by way of an excluded tenancy
Occupants of The Property
The Hirer agrees that only The Hirer and Authorised Guests listed on The Booking Form will occupy the property and that any changes in the Authorised Guests should be notified to The Owner prior to commencement of the Period of Hire. The maximum number of persons to reside at The Property is six. If these occupancy conditions are breached then The Owner may terminate the agreement immediately without any refund
Payment:
The Hirer must pay a non-refundable deposit of £150 for each week of The Period of Hire. The deposit must accompany The Booking form. The balance of the money for the Period of Hire is payable not later than 28 days prior to the commencement of the Period of Hire. Failure to pay the amount due by the required date will permit The Owner to retain The Hirer’s deposit and to offer The Property to another potential hirer. The payment includes normal and reasonable use of utilities and the provision of bed linen and towels
Cancellation by The Owner:
In the event that circumstances intervene to prevent The Owner from fulfilling his obligation to provide The Hirer with The Property for The Rental Period then The Owner will immediately notify The Hirer and provide a full refund. Once the refund is paid The Owner will be under no further obligation or liability to The Hirer
Cancellation by The Hirer:
The Hirer must provide notice of cancellation of The Period of Hire to The Owner not later than 28 days prior to commencement of The Period of Hire. The notice must be in writing and addressed to The Owner at the address on The Booking Form. Failure to do so will render The Hirer liable to payment in full for The Period of Hire
The Hirer’s obligations regarding maintaining the property in good condition
The Hirer undertakes to keep the property in good condition and to report all defects and damage immediately to The Owner and, where the repairs require immediate remedy, to allow The Owner, and his agents, reasonable access to The Property to carry out necessary repairs. The Hirer undertakes to maintain the furniture, fixtures and fittings in good condition and to replace or pay for repair any items on The Inventory that The Hirer has caused to be broken or damaged. The Hirer undertakes to compensate The Owner where The Hirer, or any Authorised Guests, has caused the damage.
Liability:
Nothing contained in these terms shall exclude or restrict any statutory rights of The Hirer or The Owner. The Hirer deals as a consumer and in no event shall The Owner be liable for losses, costs or damages suffered or incurred by The Hirer as a result of failure to perform or breach by The Owner of his obligations under this agreement which are business losses. No liability is accepted by The Owner for any loss, damage or personal injury which may occur to The Hirer or any authorised guest.
Arrival and leaving times:
The Property is available to The Hirer and Authorised Guests no earlier than 2.00 p.m. on the first day of the Period of Hire and must be vacated no later than 10.00 a.m. on the day of departure
Pets:
Pets are not permitted in The Property except with the express authorisation of The Owner and should be advised on The Booking Form. If pets are permitted they must be kept under proper control and not cause a danger or nuisance to neighbours or other members of the public
Prohibited substances:
Smoking is not permitted in the house. The taking of illegal substances is not permitted anywhere on The Property
Keys:
Arrangements will be made by The Owner or his agent for the handover of house keys to The Hirer at the beginning of The Period of Hire and the collection of the keys on the departure date
Complaints:
The Hirer should notify The Owner immediately of any complaint regarding The Property. Complaints that are notified after The Period of Hire will not be dealt with
Warranty or representation:
Whilst every effort is made to ensure the accuracy of information given orally and in writing, and all such information is given in good faith, no such information will be deemed to be a representation or warranty
Jurisdiction:
The adjudication of any dispute concerning breach of any of the terms of this agreement shall be the exclusive jurisdiction of the courts of England & Wales. irrespective of the country of residence of the interested parties
[The terms in this agreement were drafted in April 2007]
End.