STANLEY HOUSE TERMS & CONDITIONS OF BOOKING ("THE CONDITIONS")
Stanley House is a trading style of Green Door (Boot) Ltd, Company Number 6662855
1.1 In these Conditions the following words shall have the following meanings:
"Booking enquiry" means an offer to hire the House made by the Hirer in accordance with condition 3;
"Company means Green Door (Boot) Ltd.
"Contract" means the making of a Booking Enquiry to hire the House by the Hirer and the acceptance of the Booking Enquiry by the Company in accordance with condition 3 for the hire of the House for the Hire Period;
"Deposit" means the sum of £500 means the person who makes a booking with the Company to hire the House
"Hire period" means the period during which the Hirer and the Party will occupy the House in accordance with these Conditions;
"House" means Stanley House, the accommodation which the Hirer has agreed to hire
"Party" means the individuals that will occupy the House for the Hire Period as have been notified by the Hirer to the Company in accordance with these Conditions;
"Price" means the price to hire the House (excluding any Security Deposit);
"Security deposit" means a security deposit to be paid (if applicable) in accordance with condition 4;
"Website" means www.stanleyghyll-eskdale.co.uk or www.greendoor.me
2 APPLICATION OF CONDITIONS
2.1 These Conditions shall apply to the Contract.
2.2 Booking Enquiry made by email or telephone
2.2.1 The Hirer should contact the Company either by email or telephone to make a Booking Enquiry. At the time of the Booking Enquiry the Hirer shall provide the Company with the following:-
a) the dates on which they would like to hire the House from and to; (b) details of their name, address, contact telephone number and email address; (c) confirmation that they are aged 21 years or over; (d) the number of individuals in the Party; and (e) whether there are to be any pets within the Party and if so, how many.
2.2.2 Once the Hirer has submitted the Booking Enquiry the Company shall check availability of the House. Although the Company may confirm that the House is available to hire, the Booking Enquiry shall not be deemed to be accepted until the Company provides the Hirer with written acceptance upon receipt of a Deposit at which point the contract for the hire of the House for the Hire Period on these Conditions will be established. The written acceptance shall confirm:- (a) the date and times of the Hire Period; (b) the Price based on the information provided by the Hirer in accordance with condition 2.2.1; and (c) confirmation of the amount of the Security Deposit to be paid
3 HIRER OBLIGATIONS
3.1 Numbers in Party
3.1.1 The number of persons occupying a property must not exceed the number provided by the Hirer in condition 2.2 (unless the Hirer has notified the Company of the increase at least 14 days before the start of the Hire Period, the Company has agreed to the increase and if applicable the Hirer has paid an additional fee). If the number of persons occupying does exceed the numbers provided by the Hirer under condition 2.2 (or any increase agreed between the Hirer and the Company) then:- (a) the Hirer may be required to pay an additional sum to cover the additional occupancy; or (b) if the additional occupancy would exceed the maximum limit of occupancy for the House then the additional persons will not be permitted to occupy. If the additional person/ people continue to occupy then the Company has the right to enter the House and require the Hirer and all those within the Party to vacate the House. If the Company does take this action then the Hire Period shall be deemed to have immediately come to an end and the Hirer (and anybody within the Party) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early.
3.2.1 The Hirer must not allow any pets in the House unless it has notified the Company that they will be taking a pet in accordance with condition 2.2 (or unless the Hirer has notified the Company that they intend to take a pet at least 14 days before the start of the Hire Period, and the Company (acting on behalf of the Company) has allowed the Hirer to take a pet, and the Hirer has paid an additional fee).
3.2.2 Where pets are permitted in the House:- (a) they must not be left unattended in the House at any time; (b) they must not be allowed in any of the bedrooms on the second floor or on any of the furniture within the House; (c) they must be under strict control at all times.
3.2.3 The Hirer must clear up any fouling of gardens or grounds without delay. 3.2.4 If the Hirer or anybody within the Party brings a pet with them without having first notified the Company that they will be taking a pet in accordance with condition 2.2 to which the Company has confirmed they can do so, (or unless the Hirer has notified the Company that they intend to take a pet at least 14 days before the start of the Hire Period, and the Company has agreed that the Hirer can take a pet, and the Hirer has paid an additional fee) then the Hirer will be required to pay an additional sum to cover the charge for the pet occupying; or
Upon vacating the House at the end of the Hire Period the Hirer shall ensure that the House is left clean and tidy.
3.4 Damage or Losses
3.4.1 If during the Hire Period there are any breakages or damage caused to the House or any furniture, equipment, or utensils within the House by the Hirer or anybody within the Party (including a pet) then the Hirer should report the same to the Company as soon as reasonably practicable and as far as reasonably possible before the Hirer vacates the House on the last day of the Hire Period. The Hirer undertakes to reimburse the Company for any and all reasonable costs it incurs for repairing the damage or if applicable replacing the item(s) damaged or broken.
3.4.2 If during the Hire Period the Company is concerned as to the extent of any damage or breakages to or at the House, or any furniture, equipment, or utensils within the House, then the Company has the right to enter the House and they may require the Hirer and all those within the Party to vacate the House. If the Company does take this action then the Hire Period shall be deemed to have immediately come to an end and the Hirer (and anybody within the Party) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early.
3.4.3 The Hirer shall be deemed to have forfeited the Security Deposit:- (a) if during the Hire Period there are any breakages or damage caused to the House, or any furniture, equipment, or utensils within the House; or (b) if after the Hirer has vacated the House the House requires any additional cleaning beyond what would be reasonably expected. In either scenario under condition 3.4.3 (a) and/ or 3.4.3 (b) the Company shall be entitled to use the Security Deposit (without prejudice to condition 3.4.1) towards making good any damages or breakages, and towards any additional cleaning. If after making such repairs, or making good such damages and breakages, or carrying out any additional cleaning, there is some of the Security Deposit remaining that shall be returned to the Hirer.
4 CHARGES AND PAYMENT
4.1 Upon making a Booking Enquiry the Hirer will be asked to make a payment which will be as follows:-
4.1.1 If the first day of the Hire Period is more than 6 weeks from the date of the Booking Enquiry, the Hirer must pay a Deposit;
4.1.2 If the first day of the Hire Period is 6 weeks or less than 6 weeks from the date of the Booking Enquiry, the Hirer must pay the total Price at the time of the Booking Enquiry and a Security Deposit (which for the avoidance of doubt if paid by a cheque (that shall not be post dated) the Company shall cash).
4.3 If a Booking Enquiry is rejected and the Contract is not made, the Company shall return any payment made by the Hirer in accordance with condition 4.1 (minus any charges incurred for credit card payments).
4.4 Payment can be made using the following methods:-
4.4.1 by way of debit card;
4.4.2 by way of credit card (NB Payments made by Amex incur a charge of 2.5%
4.4.3 by way of cheque made payable to Stanley House.
4.5 In the case where a Deposit has been made upon making the Booking Enquiry, the balance of the Price (and if applicable the Security Deposit) is payable to the Company not later than 6 weeks before the first day of the "Hire period" (the final payment date). If the Company does not receive the balance of the Price by the Final Payment Date then it may following consultation with the Company, cancel the Contract on behalf of the Company. If the Contract is cancelled then the Hirer will be deemed to have forfeited the Deposit subject to the provisions in condition 9.
5 THE ACCOMMODATION
5.1.1 The Company makes every effort to ensure that the description of the House (as appears on its Website) is accurate and up to date. The Company does make every effort to update the descriptions for any material changes made to the House, however the Company shall not be held responsible for any minor discrepancies in the House from the descriptions on its Website, or any changes made to the House by the Company after the date of the Booking Enquiry. If there are any material changes to the House which are made after the date of the Booking Enquiry the Company will endeavour to make the Hirer aware of any material changes as soon as reasonably possible after.
5.1.2 Occasionally the exteriors, furniture, furnishings and room layouts of the House may differ from the photographs on the Website.
5.2 Maintenance Grass cutting, gardening, window cleaning and maintenance works etc may from time to time be carried out by or on behalf of the Company during the Hire Period, however where possible the Company will try to accommodate the Hirer's reasonable requirements if they are aware of them and will try to carry out all such works with the least disruption to the Hirer and the Party as far as reasonably possible.
5.3 Buildings The House is old it is prone to damp patches during wet or humid weather, and prone to
condensation on walls. These problems can be alleviated by ventilating the property. Please note also that the House has some uneven floors.
5.4 Cots and High Chairs: If these are needed, advance notice is required. Cots incur a charge of £25.00 per stay.
5.5 Bed & Cot Linen and Towels Bed linen and towels are provided at the House but cot linen is not provided (and the Hirer should bring their own).
5.6 Timing of Occupancy and Vacation Check in time is 4pm and the check out time is 10am. Unless previously agreed in writing late check outs will incur a charge of £100 per hour. Upon vacating the House at the end of the Hire Period the Hirer shall ensure that the House is left clean and tidy.
5.7 Basis of Occupation The House is let to the Hirer and the Party for the Hire Period only (without prejudice to the Company's right to bring the Hire Period to an end earl in accordance with these Conditions) and is not an Assured Tenancy or Assured Shorthold Tenancy as defined by the Housing Act 1988 as amended.
6.1 If the Hirer has cause for complaint during the Hire Period the matter should be raised in the first instance with the Company as soon as reasonably possible using the contact details provided to the Hirer by the Company. This will allow the Company time to consider the complaint and if possible and reasonable, will allow the Company to take action it reasonably can to rectify the problem. If the Company is satisfied that the problem cannot be rectified it may, at its discretion, offer the Hirer a refund of all or part of the Price.
6.2 If the Hirer does not raise any complaint which it may have during the Hire Period, the Company shall not, except in limited circumstances, consider any and all complaints the Hirer raises after the Hire Period has come to an end.
7 Limitation of Liability - The HIRER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
7.1 This condition sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees) to the Hirer in respect of: 7.1.1 any breach of these Conditions; 7.1.2 the hire of the House by the Hirer and the Party; and 7.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
7.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract and these Conditions.
7.3 Nothing in these Conditions limits or excludes the liability of the Company: 7.3.1 for death or personal injury resulting from the negligence of the Company; or
7.3.2 for any damage or liability incurred by the Hirer as a result of fraud or fraudulent misrepresentation by the Company.
7.4 The Company does make every effort to update the descriptions on its Website for any material changes made to the House, however the Company shall not be held responsible for any minor discrepancies in the House from the descriptions on its Website, or any changes made to the House by the Company after the date of the Booking Enquiry. If the Company has been notified by the Company of any changes made to the House which are material, it shall use its reasonable endeavours to notify the Hirer.
7.5 Subject to condition 8.2 and condition 8.3: 7.5.1 The Company shall not be liable for:- (a) any injury; (b) any sickness; (c) any loss; (d) any damage; (e) any additional expense; (f) any damages for inconvenience caused directly or indirectly by or arising out of the use or condition of the House and its appearance, plumbing, gas, electrics, private water, exceptional weather conditions. The Company shall not be liable for any actions or omissions. The Company shall not be liable for any damage or loss caused to any belongs of the Hirer or the Party during the Hire Period.
7.5.2 The Company'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 Contract shall be limited to the Price.
8 DATA PROTECTION The Company will use the personal data of the Hirer and members of the Party for the
purpose of processing the booking enquiry ad for carrying out the Company's obligations in accordance with the Contract.
9.1 The Company may terminate the Contract:- 9.1.1 in accordance with the provisions in condition 3.1.1; or 9.1.2 in accordance with the provisions in condition 3.2.4; or 9.1.3 in accordance with the provisions in condition 3.4.2; or 9.1.4 in accordance with the provisions in condition 4.5 and in each of the above scenarios the Hirer shall not be entitled to a refund of the Deposit or the Price or part of the Price.
THE HIRER IS ADVISED TO TAKE OUT HOLIDAY INSURANCE IN CASE IT HAS TO CANCEL THE HIRE OF THE HOUSE. 9.2 If the Hirer wishes to terminate the Contract then it shall notify the Company as soon as possible in writing. On receipt of the notice the Company shall place the House as available to re-let on its Website for that period. If the Company or the Company is able to re-let the House for that period then it will refund the Hirer as follows:-
9.2.1 if the Hirer cancels after it has paid all of the Price (in accordance with condition 4) and the Company is able to re-let the House for the same price or a greater price than which the Hirer has paid then the Hirer shall be entitled to a refund of the Price paid minus an administration fee of £50.00.
9.2.2 if the Hirer cancels after it has paid all of the Price (in accordance with condition 4) and the Company is able to re-let the House at a reduced price than the Hirer has paid then the Hirer shall be entitled to a refund of part of the Price (only to the extent of the amount paid by the new hirer) minus an administration fee of £50.00
9.2.3 if the Hirer cancels having only paid the Deposit and the Company is able to re-let the House for the same price or a greater price than which the Hirer would have paid then the Hirer shall be entitled to a refund of the Deposit paid minus an administration fee of £50.00.
9.2.4 if the Hirer cancels having only paid the Deposit and the Company is able to re-let the House at a reduced price than the Hirer would have paid then the Hirer may be entitled to a refund of part of the Deposit based on the following calculations:- A = Price payable by Hirer B = new price paid/ payable by new hirer C = A ± B D = Deposit paid by Hirer D ± C = refund due to Hirer minus an administration fee of £50
9.3 If the Company is unable to re-let the House then the Hirer shall forfeit the Deposit and/or the Price it has paid.
10 FORCE MAJEURE
The Company shall have no liability to the Hirer or any member of the Party under these Conditions if it is prevented from, or delayed in performing, its obligations under these Conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors
11.1 Any proposed alterations to the Hire Period by the Hirer will only be accepted at the discretion of the Company (acting on behalf of the Company) and will be subject to an administration charge of £30. If the alteration is accepted by the Company (acting on behalf of the Company) then subject to payment of a reasonable administration fee by the Hirer, the Contract shall be amended accordingly.
11.2 If, for reasons beyond its control, the Company has to cancel the Contract the Company shall notify the Hirer as soon as reasonably possible. The Company shall assist the Hirer to seek re-imbursement of any monies paid under condition 4 direct from the Company.
12.1 If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
12.2 If a provision of these Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
The Company may at any time assign or transfer all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
14 RIGHTS OF THIRD PARTIES Only the Company (and its assignee), the Hirer and the Company shall have any rights under the these Conditions and a person who is not a party to these Conditions or the Contract shall not have any rights under or in connection with it.
15.1 Any notice or other communication required to be given under the Contract or under these Conditions shall be in writing and shall be sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party and for the attention of the Company or the Company or as the case may be the Hirer.
15.2 Any notice or other communication shall be deemed to have been duly received when left at the address and for the attention of the Hirer or the Company or the Company (as the case may be) or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
16 GOVERNING LAW AND JURISDICTION
16.1 The Contract and these Conditions, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
16.2 The parties irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract, these Conditions or its subject matter.