Thistledowne Holiday Let - 10 Hardwick Rise, Sunderland, SR6 0QF
Terms and Conditions of Holiday Let
IT IS HEREBY AGREED AS FOLLOWS
1.1. Except where the context requires otherwise the masculine gender includes the feminine and neuter and the singular includes the plural and vice versa and words denoting persons shall include bodies corporate, unincorporated associations and partnerships.
1.2. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
2. The Holiday Let of the Premises and the Term
2.1. The Property Owners agree to let the Premises to the Guest for the sole purpose of holiday accommodation.
2.2. The Holiday Let shall commence on the Start Date at 4:00 pm unless otherwise agreed with the Owners.
2.3. The Holiday Let shall terminate on the End Date at 11:00 am, unless otherwise agreed with the Owners, subject to the cancellation rights contained within Clause 5.
2.4. The Guest shall take possession of the Premises on the Start Date at the specified time and shall vacate the Premises at or before the specified time on the End Date.
2.5. The procedures for the Guest to collect keys prior to the commencement of the Holiday Let and to return them at the end of the Holiday Let shall be agreed separately between the Property Owners and Guest in writing.
2.6. The Guest acknowledges and agrees that the Premises are let as holiday accommodation within the meaning of Schedule 1, paragraph 9 of the Housing Act 1998 and that the Guest has no security of tenure.
2.7. The Guest agrees and acknowledges that as a Holiday Let, this Agreement is an excluded Agreement for the purpose of the Protection from Eviction Act 1977.
3. The Rental
3.1. The Guest agrees to pay the Property Owners the agreed Rental for the Premises.
3.2. The Rental shall be paid to the Property Owners at least 28 days (4 weeks) before the commencement of the letting.
4. The Deposit
4.1. The Guest must pay a deposit of 20% of the rental price (“the Deposit”) with the Property Owners to secure the property for the dates agreed. The deposit will be forfeited if the Guest cancels. In the event of the Owners cancelling the whole deposit will be refunded.
5. Cancellation of Booking
5.1. Where the Guest cancels his booking before the date set out in Clause 3.2, he will not be liable to pay the Rental or the Deposit and he will incur no charge. If the Rental balance has been paid to the Property Owner it will be refunded minus the Deposit and the Property Owners will be free to re-let the Premises.
5.2. Where the Guest fails to pay the Rental and the Deposit to the Property Owner by the date set out in Clause 3.2, he will be held to have cancelled his booking and terminated this agreement. The Property Owner will be free to re-let the Premises.
5.3. The Property Owners reserve the right to cancel this agreement for any reason and at any time. Notice shall be given in writing as soon as reasonably practical. If the Property Owners choose to cancel the agreement under this Clause, the Guest shall be entitled to a full refund of the Rental and the Deposit. The Property Owners shall not be liable for any consequential loss, incidental expenditure, or loss of enjoyment which the Guest suffers as a result of cancellation.
6. Occupation of the Premises
6.1. The Guest’s family and/or other guests (as agreed between the Property Owner and the Guest in advance in writing) shall be entitled to occupy the Premises in addition to the Guest.
6.2. The Guest undertakes and warrants that he shall require all persons who are permitted to occupy the Premises under this section to comply with all obligations and restrictions which are imposed on the Guest under this agreement.
6.3. The Guest agrees that any damage or breach of this agreement by any person who is permitted to occupy the Premises under this section shall be treated as damage or breach attributable to the Guest and the Guest agrees to indemnify the Property Owners against any such breach or damage.
6.4. Any damage or breach caused by any person who is permitted to occupy the Premises under this section may be rectified by the Property Owners making an appropriate charge to the Guest.
7. Guest’s Obligations and Restrictions on Use of Premises
7.1. The Guest undertakes to use the Premises only for residential purposes and only for the purpose of a holiday let.
7.2. The Guest undertakes not to use the Premises for the carrying out of a trade or business, or for any unlawful, questionable or immoral purpose.
7.3. The Guest undertakes not to use the Premises to store any dangerous or hazardous material or substance, or any item of a flammable or explosive nature which might unreasonably increase the risk of fire or explosion on or around the Premises and which would be considered hazardous by a responsible insurance company.
7.4. The Guest shall not sublet the Premises or assign any of his interests, rights or responsibilities under this Holiday Let without the prior written consent of the Property Owners (such consent being at the absolute discretion of the Property Owners).
7.5. The Guest shall not cause any damage to the walls, doors, windows or other fixtures and fittings of the Premises and shall not use the Premises in any way which impinges on the property rights of neighbours or creates a nuisance, either to the Property Owner or others.
7.6. The Guest undertakes not to allow smoking in the Premises.
7.7. The Guest undertakes not to remove any of the furniture from its current position within the Premises.
7.8. The Guest undertakes to maintain the Premises in good condition during the term of the Holiday Let. The Guest shall keep the property clean and ventilated and in cold weather will take steps to ensure that pipes do not freeze.
7.9. The Guest shall be responsible for keeping drains, waste pipes, baths, sinks, and lavatories free from blockages and shall take care not to dispose of any immiscible or damaging substances such as oil and grease via the drains or waste pipes.
7.10. The Guest undertakes to leave the Premises clean and tidy at the end of the Holiday Let, in the same condition as he found it upon taking possession.
7.11. The Guest shall not keep any pets or any other animals on or in the Premises without the prior written consent of the Property Owners (such consent being at the absolute discretion of the Property Owners).
7.12. The Guest shall permit the Property Owners or any person authorised by the Property Owner to enter the Premises at any reasonable hour for the purpose of ensuring all appliances are safe and carrying out urgent repairs to the Premises.
8. Responsibility for Security, Loss and Damage
8.1. The Property Owners shall take out appropriate and adequate buildings insurance to protect the Premises against flood, fire, subsidence, storms, malicious damage and all other usual forms of insurable risks.
8.2. The Property Owners shall take out appropriate insurance to cover any fixtures, fittings or appliances which belong to him and which are let with the Premises.
8.3. The Property Owners makes no guarantee as to the security of the Premises and the Guest acknowledges that where he stores any personal possessions in the Premises, which includes any vehicles which the Guest parks in any allocated parking spaces, he does so at his own risk. The Property Owners shall not be liable for any loss or damage howsoever caused to the Guest’s personal possessions, except where the loss or damage is caused by the Property Owner’s own negligence.
Any notices required to be made under this agreement shall be made by email/message to the addresses set out below:
Property Owners: firstname.lastname@example.org
or as otherwise specified by the relevant party by notice to the other party.
10. Miscellaneous Provisions
10.1. This document constitutes the entirety of the agreement between the parties and the terms of the Holiday Let. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this Agreement or the terms of the Holiday Let must be made in writing and signed by both the Property Owner and the Guest.
10.2. This Holiday Let shall be governed by the Law of England and Wales.
10.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
10.4. All terms, conditions and covenants contained in this Holiday Let shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
10.5. The failure by either party to enforce any provision of this Holiday Let shall not be deemed a waiver or limitation of that part’s right to subsequently compel and require strict compliance with every provision of this Holiday Let.
We suggest that you take out holiday insurance
The house is not furnished with young children in mind (no stair gates, plug covers etc.) so parents/guardians must accept responsibility for any children staying in the house.
No pets allowed unless agreed in advance with the Owners
No parties or events
Our water is metered so do not leave the taps running.
Please enjoy your stay but this is a very quiet area so respect our neighbours and the neighbourhood. We do expect the house to be left clean and tidy and we do expect the recycling rules to be followed. Please put the appropriate bins out for Thursday mornings.
There is parking for one car/van off road and room for one car in front of the house on the road. Would you please park vans in the nearby parking bay.
Check-in: Anytime after 4PM Check-out: Anytime before 11AM
Information on how to use some of the appliances can be found on: https://rokerpier.wixsite.com/downbytheriverside Please contact Owners for password to Guest area
We aim for 24 hours internet access but this cannot be guaranteed. Please use the internet legally and sensibly.