In these terms and conditions the following terms have the following meanings :
‘Accommodation’means the property known as Tresco, 30 Manor Road Dersingham, King’s Lynn, Norfolk, UK, PE31 6LD
‘Agreement’means the agreement between the Owner and the Visitor for theholiday rental of the Accommodation on these Terms and Conditions.
‘The Owner’means S A & J I Kilham, York House, North Wootton,Kings Lynn, Norfolk, PE30 3RE.
‘Visitor’means the person named on the booking form and the booking deposit receipt form.
‘The website’ is www.norfolkcoastalcottage.co.uk
1.1 The making of a booking will form an agreement on these Terms and Conditions between the Visitor and The Owner for the holiday rental of the Accommodation.
1.2 The Owner permits the Visitor to occupy the Accommodation for the holiday period shown on the booking form together with the use of its contents.
1.3 The Visitor will be responsible for all any damage whether causedby the Visitor or his or her party and shall make his or her party fully aware of these Terms and Conditions.
2 Price Changes
2.1The booking deposit receipt will show the holiday price at the time of booking.
3 Booking and Payment Terms
3.1 The booking for the holiday will be effective upon receipt of a properly completed booking form in acceptable terms to the Owner and a deposit of £30 per week. Until such receipt any bookings will remain provisional and will be held for a maximum of seven working days only. The full balance of the total holiday cost will be payable not later than four weeks before the holiday begins.
3.2 For bookings made for a holiday less than four weeks away, full payment must be made at the time of booking.
3.3All payments can only be accepted in Pounds Sterling.
4.1 If a Visitor wishes to cancel a booking it must give The Owner notice in writing as soon as possible. Upon cancellation the total cost of the holiday is payable. On receipt of the written cancellation The Owner will endeavour to re-book the Accommodation for the holiday period and, if successful for the whole or part of the period, will refund the relevant proportion of the total holiday price less £50.00 (fifty pounds) to cover office administration.
4.2 If, following a booking, the full balance is not paid on time, The Owner may cancel the holiday booking and the provisions of 4.1 will apply and the Visitor will remain liable for the balance of the total holiday cost.
5 Owner Right to Refuse/Alter
5.1 The Owner may, at its discretion, refuse any booking.
5.2The Owner may cancel or alter any booking where 5.2.1 it is due to circumstances beyond the reasonable control of the Owner. 5.2.2 it is necessary to do so to complete essential, remedial or refurbishment works 5.2.3 where the Owner has reasonable grounds to believe that the Visitor has or will fail to comply with these Terms and Conditions.
6 Maximum Numbers of Visitors
Occupation must be limited to a maximum number of six people or more only with permission of The Owner. No caravans or campervans are allowed. Breach of this clause 6 by the Visitor will result in immediate requirement to vacate the premises with no refund of monies due together with a liability on the Visitor for further charges in the event of damages to the facilities caused by excess usage or any other reason and/or damage to any part of the accommodation for any reason.
The holiday price will include all charges for services connected to the accommodation.
8 Liability and Loss of Visitor Property
8.1 The Owner will not be liable for any loss of property or any other loss or damage howsoever caused
8.1.1unless it has breached a legal duty of care owed to or contractual term for the benefit of the claiming party. 8.1.2where such loss or damage is not a reasonably foreseeable result of any such breach or 8.1.3where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of, The Owner.
9.1 Dogs are permitted in the accommodation. Only well trained dogs are permitted. Dogs are not allowed in bedrooms, on beds or chairs or in any communal facilities and must be kept only on the ground floor. Dogs should not be left unattended at the property and should be kept within the boundaries of the property including the garden. All animal waste must be cleared from the accommodation before departure.
9.2 The restrictions in 9.1 above may not apply to assistance dogs. The Visitor must notify The Owner of the intended presence of any assistance dogs prior to booking and appropriate conditions will be agreed for each such booking.
10 Visitor Obligations
10.1 The Visitor agrees to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted).
10.2 The Visitor must allow The Owner and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.
10.3 The Visitor must not use the Accommodation 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 The Owner or to any neighbours.
10.4 The Visitor and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Visitor has written notice.
10.5 Smoking is not permitted in any part of the Accommodation.
11 Damages and Security Charge
11.1 The Owner recommends that Visitors hold personal insurance for accidental damage and personal liability.
11.2 All bookings will be subject to a refundable security charge of £100 per booking. This security charge provides cover for the cost of minor damage and /or breakages caused by the Visitor in, at or to the property, as well as any requirements for extra cleaning where the Accommodation is not left clean. The charge is payable to The Owner together with and in addition to the final balance. If the security charge is not sufficient to cover the cost of any additional cleaning, breakages and/or damage caused, the Visitor will be responsible for full payment of any additional charges, costs and/or losses incurred.
12 Right to Terminate the Agreement
The Owner may terminate the Agreement on notice, and in such case the Visitor and his or her party must leave the Accommodation, (without compensation being payable to the Visitor or any member of his or her party) if:
12.1 The Owner (acting reasonably) decides that there is a serious breach by the Visitor of the Agreement or the Visitor or his or her party’s behaviour endangers the safety of other visitors or neighbours or 12.2 Any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs.
13 Governing Law
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the English Courts.