Booking Conditions (T & Cs) :
PLEASE READ THESE CONDITIONS CAREFULLY, WHEN YOU MAKE A RESERVATION YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS
Definitions:
"Owner" means, owner of the property being rented;
"Agent" means Hurstone House Limited;
"Applicant" means clients applying to rent property
"Tenants" means Applicants that have taken up residence in a property;
"Booking Form" means the booking form specified by the Agent to be used by all Applicants.
It should be noted that Applicants / Tenants/ Guests are to adhere to Covid 19 Government Regulations and Restrictions.
Duration and Times of Lettings:
The Applicant can occupy a reserved property from 1600 hours on the first day of the reservation, and the Applicant must ensure that he and any third parties who have been in occupation of a property as a result of a reservation leave prior to 1000 hours on the date of departure as indicated on the Booking Form. Please note that 2 nights stays with a sunday departure have a check out time of 1600 hours.
Reservation Procedure:
Applicants can provisionally reserve the property over the telephone with the Agent but no contract shall exist between the Applicant and the Owner until the terms and conditions have been agree to and the Agent has received the relevant payment in accordance with and subject to the provisions of Condition 4 at which time the reservation will be confirmed subject to the Booking Form having been submitted with all required information to the satisfaction of the Agent.
Payment Procedure:
For reservations made more than 12 weeks prior to the commencement date a booking fee of 20% of the total amount due must be sent with the completed Booking Form. If a reservation is made less than 12 weeks before the commencement date the total amount due together with any additional charges must be tendered at the time of submission of the Booking Form. In the event that the Agent does not accept an Applicant's reservation all moneys paid will be refunded immediately.
The balance of the full amount due in respect of the reservation and any additional charges are due 12 weeks before the commencement date.
Non payment of any sum by the due date will be deemed to be a cancellation and the Agent may re-advertise the property for reservations without prior notice to the Applicant. The Applicant shall remain liable for payment of the full amount due in respect of the reservation in accordance with the provisions of Condition 4.
Payments under these Conditions may be made by cheque (not post dated), bank transfer or credit card (via online link). All payments should be made to Hurstone House Limited. Any charges raised against Hurstone House Limited by their bank for handling dishonoured cheques or direct debit payments shall remain a liability of the Applicant and payment of any such charges will be paid onto the Applicant.
In agreeing to these terms and conditions the Applicant acknowledges and accepts that they are entering into a direct contract with Hurstone House Limited in respect of the reservation and/or booking of the property.
Cancellation:
ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.
Any request to cancel a booking must be made in writing to Hurstone House Limited. The Applicant shall remain liable for all the payments due in respect of the reservation whether or not they have been paid at the time of cancellation. The Agent will offer the property for reservation and will use his reasonable endeavours to obtain a reservation for the property in respect of the cancellation period. If the Agent is successful the Applicant will be refunded the difference between moneys they have paid less the sums receivable from the re-letting after deduction of all costs and expenses incurred by the Agent which shall include an administration fee of £50.
Changes:
The Agent reserves the right to amend the price quoted in the brochure or rates sheet due to errors or omissions or changes in the VAT rate. In such circumstances the Agent will contact the Applicant as soon as the Agent becomes aware of an increase in charges. If the Applicant does not wish to pay the increase the Applicant shall be entitled to cancel the reservation and receive a full refund for all monies paid in respect of the reservation providing notice of cancellation is given in accordance with the provisions of Condition 4 and within 7 days from the Applicant receiving notice of the amendment to the price to be charged from the Agent.
Once a reservation has been confirmed in accordance with the provisions of Condition 3, should the Applicant require amendment to any of the information provided on the Booking Form a fee of £35 shall be charged to the Applicant.
Applicant's Obligations:
The Applicant agrees:
To pay for any losses or damages to the property or its fixtures, fittings or decor, howsoever caused (reasonable wear and tear excluded);
To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy (extra cleaning can be charged for);
Not to smoke at the property;
Not to cook anywhere on the property other than in designated kitchen areas and specified BBQ area. The BBQ is not to be used on the paved patio.
Not to bring any pets to the property unless previously agreed in writing with the Agent.
Damages and Damage Deposit:
Hurstone House Ltd requires a damage deposit of £500. You are required to make this payment one week before your arrival at Hurstone. You will be notified in advance with payment instruction. This amount is fully refundable providing the property is left clean and tidy, that there have been no breakages, improper use of the hot tub, delay in departure, or any extra people (or pets) found to be staying at the property.
Common Damage and Security Deposit Deduction Rates.
- Damage and breakages as per repair and/or replacement cost .
- Extra guests (day or overnight) not added to the booking or agreed and authorised in writing before your stay - £100/guest
- A pet not pre-authorised and included to the booking before your stay - £75. Note pet limit is one only. It is not permitted to bring additional pets.
- Late Checkout - £100 fee plus an hourly rate of £100 per hour or part thereof that the guests depart late.
- Extra Cleaning - £50 fee plus hourly cleaning rate for additional cleaning.
- Tampering with monitors (where installed) - £50
- Repeated breach of noise levels as identified by monitors (where installed) - £100/event.
- Misuse of Hot tub resulting in unscheduled drain off/filter clean/refill . £100.
In the event that the Applicant or anyone staying at the property during the Applicant's reservation period causes damage or incurs a need for additional cleaning services or leaves the property without settling invoices for additional services or supplies received during the Applicant's reservation period the guest will be notified in writing of the details of any extra costs incurred within 10 working days after the end of the reservation period and this amount shall be deducted from the Damage Deposit, if one has been taken, or payment will be required by the applicant.
Hot Tub Equipment:
The Applicant agrees that the use of any spa equipment / hot tub is at the Applicant's (or any third party residing in the property during the period of the Applicant's reservation) risk in all respects. The Applicant agrees to observe the "Regulations and Conditions Governing the Use of Spa and Ancillary Equipment" which form part of these Conditions and to ensure that any third party residing in the property during the period of the Applicant's reservation also abides by the same.
Authority to Sign / Miscellaneous:
The Applicant acknowledges that he/she/they are authorised to sign the Booking Form on behalf of all persons who will occupy the property throughout the duration of the reservation and that those persons are aware of the terms of these conditions.
The Applicant shall be a member of the party occupying the property and hereby agrees to the following:
If the majority of the individuals residing in the property during the period of the Applicant's reservation are under 30 years old, or if the party are all of the same sex, Hurstone House Limited must be notified in writing; The owners reserve the right to not accept (cancel) the booking.
There is no charge for extra children under the age of 2 although this is restricted to a maximum of two unless arranged directly with the Owner;
The property details state the maximum number of persons permitted to occupy the property and grounds at anytime; 14 plus up to 2 infants in Hurstone House, 2 adults in the Annex . No Day visitors without prior agreement.
Smoking is NOT permitted inside the property.
Fireworks and sky lanterns are NOT permitted at the property.
Burning candles is not permitted at the property.
Children must be supervised at all times at the property and its grounds.
You must not cause a nuisance or disturbance to neighbouring accommodation or behave in an unreasonable way.
The playing of music or making a noise which is clearly audible in a nearby accommodation is not permitted after 11.00 pm.
Music is not to be played outside.
No sound systems, DJ services, bands or house party services permitted without written permission from the Owner.
Charging of Electric Vehicles from Hurstone's electric supply / sockets is NOT permitted (Nearest E.V.Charger is in Wiveliscombe)
The Owner must be notified of (and agree to) any professional services or deliveries coming on site.
No subletting of the property, in part or full, is allowed, unless in total agreement with the owner at time of booking.
Any breach of these provisions will constitute a breach of contract, the Owner may terminate the reservation forthwith in which event all moneys paid by the Applicant will be forfeited and the Applicant and any third party residing in the property during the period of the Applicant's reservation may be required to vacate the property with immediate effect.
The Owner reserves the right to take possession of the property at any time where damage or nuisance has been caused by the Applicant or any third party residing in the property during the period of the Applicant's reservation. In such an event neither the Owner nor the Agent shall be liable to make any refund of any monies paid by the Applicant whatsoever.
CCTV : Security cameras operate in outside areas including the entrance gate, rear gate and the parking area and garden at the front of Hurstone. CCTV is there to help with health, safety and security of guests and staff, to protect and manage the property and for quality control purposes . By making a booking and/or visiting Hurstone the Applicant is agreeing to the use of CCTV cameras in the areas listed. Note that any footage /recordings would only be shown to a third party in the event of a crime or misdimeaner and is in accordance with data protection.
Noise monitors are installed in Hurstone. These must not be tampered with. They are there to help with health, safety and security of guests and staff, to protect and manage the property and for quality control purposes . By making a booking and/or visiting Hurstone the Applicant is agreeing to the use of noise monitors in the areas listed. The data (sound level) is (only) referred to in cases of disturbance and nuisance.
Restricted Mobility Applicants:
Where the access to, layout or other physical feature of a property may be reasonably foreseen to cause individuals with restricted mobility difficulties the Owner and the Agent have endeavoured to ensure that the information provided in respect of the property has made this clear. Applicant's are required to inform the Agent in writing on submission of the Booking Form of the requirements of any third party due to be residing at the property during the Applicant's period of reservation with regard to any restricted mobility issues that may exist.
Please note that neither the Agent nor the Owner accept any responsibility for the provision of equipment or any form of care required by any person due to any form of disability or restricted mobility regardless of the cause.
The Reservation:
The reservation confers upon the Applicant the right to occupy the property for a holiday within the meaning of Section 9 of the Rent Act 1977.
Non-Availability of Property:
If for any reason beyond the control of either the Agent or the Owner the property is not available on the date booked or the property is unfit for purpose, neither the Agent nor the Owner can accept any responsibility or pay any form of compensation where the circumstances causing the non-availability of the property amount to "force majeure".
Circumstances that will be deemed to amount to "force majeure" include destruction or damage to the property as a result of fire; flood; explosion; storm or other weather damage; break-in or other criminal damage or any other occurrence beyond the reasonable control of the Owner.
All monies paid in advance by the Applicant will be refunded in full but the Applicant shall have no further claim against either the Agent or the Owner.
Liability:
This Condition 14 sets out the entire financial liability of the Owner (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Applicant in respect of any breach of this agreement; any use made by the Applicant or any third party residing or making use of the property during the Applicant's period of reservation and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the liability of the Agent or Owner for death or personal injury resulting from negligence or for any damage or liability incurred by the Applicant as a result of fraud or fraudulent misrepresentation by the Agent or Owner.
Neither the Agent or Owner shall be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal property or possessions; loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation.
The Agent and / or the Owner's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this agreement shall be limited to the monies paid in respect of the Applicant's reservation under the conditions of this Agreement.
Any vehicle(s) of the Applicant or any third party making use of the property during the period of the Applicant's reservation is left at the property entirely at the risk of the owner of the vehicle.
Any bookings made with external companies for activities, catering, pampering etc are entered into in a separate agreement and are not the responsibility of Hurstone House Limited. It is the responsibility of all external organisations to make sure that all information is current and correct. In the event of the Applicant inviting/ engaging services onto the property they must give notice in writing to the Owners of the time and date of said services and for it to be agreed.
Discrepancies
In the event of discrepancy between these conditions and any other document, these conditions shall prevail.
Regulations and Conditions For the use of the Pool and Play Equipment
WE REQUIRE THAT OUR GUESTS READ AND SIGN THE FOLLOWING CONDITIONS WHICH SHOULD BE READ IN CONJUNCTION WITH AND FORM PART OF THE BOOKING CONDITIONS.
The Tenants agree:
That every care should be taken when around or using the hot tub.
To make sure that the cover is always replaced after use to retain the heat.
To note that the cover must be completely folded back and that it is dangerous to be in the water with the cover on or partially on.
That no one should use the hot tub while under the influence of alcohol or drugs.
Not to take any glass items near the hot tub area.
No smoking in the hot tub
No food or drink should be taken into the hot tub or area immediately surrounding the hot tub.
The hot tub should not be used by children under 16 or by pregnant women. Doctors advice should be sought by guests prior to using if on medication.
The hot tub should not be used when alone : Sole use is strictly prohibited
Guests should ensure that they shower prior to entering the hot tub to avoid contamination of the facility and water.
Fake tan, deodorants and skin lotions of any kind should not be worn when using the hot tub as they have a negative impact on water quality; any impurities may contaminate the system. No compensation will be given if facilities become unusable if these, or similar, are found to be the cause.
Guests should ensure that costumes worn in the hot tub are chlorine protected to prevent fading or damage. It is recommended that costumes must be rinsed after every use. The Owner will not be held responsible for items that are damaged.
Guests should ensure that they do not stay long in the hot tub: 20 mins is the recommended duration of hot tub use at any one time to avoid de hydration and to re stabilise core temperature.
To behave in such a manner as not to disrupt the enjoyment of other people staying in the near vicinity or prejudice the reputation of the owner of the property.
The holiday of any Applicant or third party residing or making use of the property during the period of the Applicant's reservation in breach of this clause may be terminated immediately and without compensation or any further obligation.
Any damage to the hot tub facilities arising out of misuse or as a result of negligence and/or failure to follow the instructions herein will be chargeable to the Applicant.
Guests use the the hot tub at their own risk. Neither the Owner, Agent, hot tub cleaners or company accept responsibility for illness, injury, reaction or condition resulting from the use of hot tub or associated facilities.
Guests are not to alter or tamper with the hot tub equipment (including raising the temperature or changing 'mode').