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The Contract for the letting of the property is between the owner (referred to in this document as The Old Vicarage) and the holidaymaker (referred to in this document as the Client). The Contract will be entered into and becomes legally binding when The Old Vicarage issues the confirmation form and the Contract is at all times subject to all the Booking Conditions. The Client should check the confirmation form carefully and notify The Old Vicarage immediately in case of any discrepancy or mistake. The Client must be 18 years or over when the property is booked. The Client is advised to make his/her party aware of these Terms and Conditions.
A deposit of one third of the rental fee is payable immediately upon the making of the booking, if the booking is made more than 8 weeks before the start of the rental. The balance shall be payable 8 weeks before the commencement of the rental. The booking will not be confirmed until the deposit is received. Non payment of the balance of the rent on or before the due date shall be construed as a cancellation of the Contract by the Client. For bookings made less than 8 weeks before the commencement of the rental, the total fee is payable. For bookings made less than 3 weeks before the commencement of the rental, no cheques can be accepted, and payment should be made in cleared funds i.e. by credit card or debit card. All payments should be made to ‘The Old Vicarage’ at the above address. A surcharge of 1.75% will be made to all credit card payments. Debit cards are free to use. The confirmation form will show the holiday price at the time of booking.
Any cancellation made by the Client for whatever reason shall be in writing to The Old Vicarage. On receipt of notice of cancellation, The Old Vicarage will use its reasonable endeavours to seek to re-let the property for the period of the booking. If The Old Vicarage succeeds in re-letting the property for the whole period it shall refund all the monies paid less an administrative charge of £25 (inc VAT). If The Old Vicarage only succeeds in re-letting the property for part of the period booked it shall refund an amount equal to the money paid by the Client less (1) the rental for the period which is not re-let and (2) an administrative charge of £25 (inc VAT). If The Old Vicarage is unable to re-let the property at all then all monies paid by the Client shall be forfeit to The Old Vicarage. The Old Vicarage strongly recommends that clients take out adequate insurance to cover cancellation of a holiday.
4. CHANGES OF DATE
The Old Vicarage may consider a request from a Client to change the dates of the booking after confirmation has been issued. Agreement will be given subject to all of the following conditions being met: if (1) the property is available for the period requested (2) the Client pays an administration fee of £25.00 (inc VAT) and any additional sums due in respect of any higher prices for the relevant period.
VAT is included in the rental fee where applicable at the rate applicable on the date of the payment.
6. PERIOD OF HIRE
Rentals commence, unless otherwise agreed, at 4.00pm on the day of arrival and the property should be vacated by 10.00am on the day of departure.
7. USE OF PROPERTY
The number of persons occupying the property must not exceed the maximum number of ten. An exception may be made, by prior agreement only, for babies and toddlers. The property shall be used for personal and domestic purposes only by the Client and his/her party. The Client must not use the property or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to any neighbours. The property shall not be used for any commercial purposes without the written consent of The Old Vicarage. The Old Vicarage reserves the right to refuse entry to the entire party if these conditions are not observed, and generally in the case of any breach of these Booking Conditions by the Client where The Old Vicarage considers such exclusion is reasonable.
The Old Vicarage reserves the right to refuse any bookings, e.g. from groups of people under the age of 21 and/or hen or stag parties.
Should there be any cause for complaint during the occupation of the property it must be notified promptly to The Old Vicarage and in case of serious problems confirmed in writing.
10. BREAKAGES OR DAMAGE
The Client should report as soon as possible to The Old Vicarage any breakages or damage caused by the Client during the holiday and is legally bound to reimburse The Old Vicarage for replacement, repair or extra cleaning costs incurred as a direct result of the Client’s use of the Property on demand.
11. CARE OF THE PROPERTY
The Client shall take all reasonable and proper care of the property and all furniture, utensils, equipment, fixtures and fittings in or on the property and leave them in the same state of repair and condition and in the same clean and tidy condition at the end of the rental period as at the beginning. The Client shall abide by all instructions with regard to the use of the property and its fixtures and fittings as notified to the Client by The Old Vicarage.
12. SMOKING POLICY
The no smoking policy in the property should be complied with at all times.
13. RECREATIONAL EQUIPMENT AND LEISURE FACILITIES
Children should be properly supervised when using any of the recreational equipment available at The Old Vicarage. In addition, children must be accompanied by an adult when using any of the facilities at neighbouring Marrick Park. The use of such equipment, including the swimming pool, Jacuzzi, sauna, steam room, tennis court and gymnasium, is entirely at the Client’s own risk. The Old Vicarage accepts no responsibility in the event of any accident or otherwise arising from the use of such equipment.
Clients should specify that they wish to bring a pet at the time of booking so we can confirm whether or not it will be permitted. If permitted, dogs should be properly controlled and supervised at all times. They must not be left unattended at the property. Dogs are not permitted in the main house but there is a specially designated pet room on the ground floor next to the utility room. This has a window, external door and water tap and is equipped with a dog basket (excluding bedding) and basic accessories, although owners may wish to bring their own equipment. Clients must clean up after all dogs inside the pet room and outside of the property, or they will be charged for extra cleaning costs. Guests with allergies should be aware that we cannot guarantee that there have been no dogs previously kept at the property, nor can we accept any liability for any suffering which may occur as a result of such pets having been present.
15.1. The following provisions set out the entire liability of The Old Vicarage (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of: (1) any breach of these Booking Conditions; and (2) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
15.2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
15.3. Nothing in the Contract excludes or limits the liability of The Old Vicarage for death or personal injury caused by The Old Vicarage’s negligence or fraudulent misrepresentation.
The Old Vicarage does not warrant and is not responsible for the accuracy of any verbal information given or statements made by its employees, agents or the owner.
17 RIGHT OF ENTRY
The Old Vicarage and/or its representatives shall be allowed the right of entry to the property at all reasonable times for the purposes of inspection or carry out any necessary repairs or maintenance.
18 COMMUNICATING WITH THE CLIENT
For the purposes of the Data Protection Act 1998, The Old Vicarage is the sole data controller of all personal data provided to The Old Vicarage by Clients and prospective Clients. In order to process a booking The Old Vicarage needs to collect certain personal data details from the Client, for example names and addresses of party members, credit/debit card or other payment details, special requirements, such as those relating to a disability or medical condition which may affect any party member’s holiday arrangements. If The Old Vicarage needs any other personal details, the Client will be told before they are obtained. The Old Vicarage needs to pass these details on to other parties and organisations that need to know them so that the holiday rental can be provided, for example, the credit/debit card company or bank. The Old Vicarage also needs to process and store Clients’ personal details for its own administration, market analyses and operational reviews. The Old Vicarage would also like to store and use personal details for future marketing purposes (for example, sending brochures, details of promotions or offers that The Old Vicarage feels may be of interest). All details given to The Old Vicarage at any time will be kept, but only names, contact details and the booking preferences will be used for marketing purposes unless the Client is informed otherwise when the information is provided. The Old Vicarage will respect the privacy of personal data and will comply with all relevant and current data protection legislation. Without written consent, The Old Vicarage will not make its mailing list or Clients’ personal data available for marketing purposes and, unless required to do so by a Court of Competent jurisdiction, it will not disclose personal data to anyone.
19 PROMOTIONAL LITERATURE
The Old Vicarage aims to ensure that all the information provided within its advertising and promotional material is current when published. The Old Vicarage reserves the right to make alterations at any time, as it is always seeking to improve services and facilities, and shall endeavour to inform the Client of any such alterations.