Clients applying to hire the property are referred to as The Applicants until such time as they take up residence when they are referred to as The Tenants . J Willoughby of Claycott, Abbotsham is the owner of the property and any contract will be between The Owner on one part and the Applicants or The Tenants on the other.
UPDATE APRIL 2021: DURING THE COVID-19 PANDEMIC there will be a change to the requirement to pay the full payment 8 weeks before arrival and to the cancellation clause: During the Covid pandemic (until further notice), we are still asking for the deposit to secure the booking and to hold the date, but if the government guidelines say we are not able to welcome guests when you are due to visit, the full deposit will be credited against another date later in the year or the following year. The remainder of the payment normally needs to be made 8 weeks before your visit but during these uncertain time we are asking that all Applicants postpone the remaining 70% of their payment until the week they are due to arrive. If The Applicant; or The Owners or the Tenants in the property the previous week devolop symptoms of Covid 19, the booking must be cancelled. (the deposit can be used again against a holiday in the next 18 months) ___________________________________________________________________________________
Deposit If a booking is made eight weeks or more before the tenancy is due to start, it must be accompanied by a deposit of 30% of the rent. If a booking is made less than eight weeks before arrival, the full rent must be paid at the time of booking. In the event of a booking not being accepted all fees paid will be refunded immediately.
Final Payment Once the booking is received and accepted by The Owner, The Applicants are liable for payment of the balance of the rent, eight weeks before the start of the tenancy. Non payment by the due date may be treated as a cancellation. If it is, then the deposit will be forfeit. The balance due date is on the Booking Confirmation.
Cancellation All cancellations must be notified in writing. The owner will take every opportunity to rebook the cancelled dates. If a new booking is secured, repayment in full or full repayment less any late availability discount needed to secure the new booking will be made to the Applicants, less a £50 administration charge. It is strongly recommended that holiday insurance is taken out to cover cancelled bookings as rebooking can not be guaranteed.
If no new booking can be secured, a cancellation refund will be payable based on the number of days before the holiday start date the cancellation notice is received by the owner and is as specified in the following:
Number of days before Cancellation Charge (as
holiday start date that percentage of the total
notification is received holiday cost)
0-20 days 100% of the holiday cost is forfeit
21-55 days 75%
56 days or more Only the deposit will be kept by the owner
Eligibility Bookings will not be accepted from groups of single persons under the age of 25. All male or all female parties are welcome but must be agreed with the owner in advance.
The Tenancy confers upon the Tenants the right to occupy for a holiday within the meaning of Schedule 1, paragraph 9 of the Housing Act 1988.
The Tenant agrees:
1. To take good care of the property and leave it in a clean and tidy condition at the end of The Tenancy.
NOTE: A £200 refundable cleaning and damages deposit is payable with the final rental payment to cover this. A cleaning service is not provided unless special arrangements are made with The Owner in advance.
2. To pay for any losses or damage to the property, for any miscellaneous breakages or for extra cleaning required caused by The Tenant or a member of their party (reasonable wear & tear excluded) unless the cost of making good can be fully recovered from the £200 deposit payment or under the household insurance policies maintained by The Owner in which case, just the £200 excess will be charged
3. To permit The Owner reasonable access to the property
4. Not to part with possession of the property, OR TO SHARE THE PROPERTY OR THE EXTERNAL FACILITIES, except with members of the party shown on the Booking Form. The tenants may not invite guests to join them without the express permission of The Owner.
5. Not to exceed 10 people in Southclay or 4 people in The Annex + a child in the cot without prior agreement with The Owner (A cot may only be occupied by a child aged 18 months or less) Additional guests, if agreed, will be charged per person, per day.
6. Not to sell or transfer the booking to another party without The Owners agreement.
7. Not to cause annoyance or become a nuisance to occupants of neighbouring premises.
Times of Letting Letting commences at 4.00pm on the first day of the tenancy and ends at 10.00am on the day of departure unless otherwise agreed in advance. The period booked cannot be exceeded unless The Owner gives approval. The Tenants will be liable for any cost incurred because of an unauthorised extension.
Non availability of the Property
If for any reason beyond The Owner s control the property is not available on the date booked (owing to fire damage for example), or the property is unsuitable for holiday letting, all rent and charges paid in advance by The Applicants will be refunded in full but The Applicants shall have no further claim against the owners.
The Owner accepts no liability for loss or damage to The Tenants possessions on The Owners property or land nor for any accident, injury, expense or inconvenience whether to person or property, which The Tenants or other person may suffer or incur arising out of, or in any way connected with the letting.
All complaints must be notified to The Owner or her representative immediately so that an investigation can be made if necessary and remedial action can be taken if required. In no circumstances will compensation be made for complaints raised after The Tenancy has ended or when The Tenant has denied The Owner or her representative the opportunity of investigating the complaint and endeavouring to put matters right during The Tenancy
Pets are usually only accepted in Southclay and only at the discretion of and with prior consent of The Owner. When permitted are to be kept under control and exercised off the premises. Pets are not permitted in the bedrooms or on the furniture. Pets must not be left in the property unsupervised unless secured in a crate/cage as this can result in considerable damage to the property and distress to the pet. Owners of pets must guarantee there will be no sign of the pet left inside or outside the property at departure. The Owner cannot accept responsibility for the safety of pets. A weekly charge is made for each pet and must be agreed prior to arrival.
Any discrepancies in the inventory must be reported to the Owner or her representative within 24 hours of arrival, otherwise the inventory will be deemed to be correct
Linen is changed between tenancies and weekly during longer tenancies. Towels, T towels, table cloths, oven gloves, etc are all provided. Swimming towels are not provided and Tenants should bring their own for beach and swimming use. Bath towels must not be taken out of the property.
These are NO SMOKING properties. Smokers are welcome to smoke outside but please do not leave butts in the garden or in flowerpots
Breach of Contract
If there shall be a breach of any of these conditions, by any of The Tenants, The Owner reserves the right to re-enter the property and terminate The Tenancy without prejudice to the other rights and remedies of The Owner.
Governing Law & Jurisdiction
The Contract is deemed to have been made at “Claycott” Abbotsham, Bideford. The validity, construction and performance of this Agreement shall be governed by English Law. The Applicants and The Tenants submit to the exclusive jurisdiction of the English courts.
If any term or provision in these Booking Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
We insist you have a Great Holiday Clause... If you have waded through all the small print... CONGRATULATIONS You are only a few steps away from booking a great holiday. Let me assure you both Southclay and The Annex are fabulous places for a special break and we, “The Owners”, will do everything I can to ensure you have a super time and some wonderful memories of North Devon to treasure. we look forward to welcoming you.
Authority to Sign
The person who completes the Booking Form certifies that:
1. He or she is authorised to agree the Booking Conditions on behalf of all persons included on the Booking Form, including those substituted or added at a later date;
2. The signatory is over eighteen years of age and is a member of the party intending to occupy the property; and
3. Agrees to take responsibility for the whole party occupying the property