Terms and Conditions

 

1          General

 

1.1        In this Agreement any reference to the masculine includes the feminine.

 

1.2        This Agreement is made on the basis that the Property is to be occupied by the Tenant for a holiday as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and the Tenant acknowledges that this Agreement shall not confer on the Tenant any security of tenure within the terms of that Act.

 

1.3        Where the Tenant comprises two or more persons, obligations, expressed or implied are deemed to be made by such persons jointly and severally.     

 

2          Deposit and Final Payment

 

2.1        When a booking is made eight weeks or more before the tenancy is due to start, it must be accompanied by a cheque for one-third of the rent. If the booking is being made less than six weeks before the start of the holiday, the full rental value will be required.

 

2.2        The remaining two-thirds of the rental fee is due six weeks before the start date of your holiday. You will be contacted by letter, a week earlier than this due date. This is the only reminder that you will be sent. If we do not receive the final payment by the due date we reserve the right to remarket your holiday

 

3          Method of Payment

 

            Payment is to be made by cheque, these should be made payable to “Mr and Mrs Brealey”

 

4          Arrival and Departure

 

Our change over day is Friday; this is because roads coming into Cornwall on a Saturday are very busy. You may arrive at the cottage after 3 PM, full information is provided once you have booked. Departure is by 10:00 AM on the following Friday morning, please ensure you vacate by 10:00 AM to allow our property manager to prepare the house for our next guests.

 

5          Pets

 

The Tenant shall not keep or allow pets of any kind at the Property without the express written permission of the Landlord.

 

6          Smoking

 

Our property is strictly non smoking; smoking is permitted in the garden.

 

7          Groups

           

We do not accept bookings from all female or all male parties comprising more than 3 people, or groups of single persons under the age of 25.

 

8          Linen

 

All bed linen is provided at the property except for the cot where we feel it is best if you bring your own. A hand towel is provided in the bathrooms and tea towels in the kitchen. Please bring bath and beach towels with you.

 

9          Cancellation

 

In the event of cancellation, the one-third deposit is strictly non refundable. If you cancel your holiday six weeks before your arrival date, the one-third deposit will only be refunded to you if we are successful in re-letting your holiday dates. Naturally we will endeavour to do this.

 

If you cancel your holiday after you have paid in full i.e. within six weeks of you starting your holiday, the full holiday cost becomes non refundable. Again, we will try our best to re-market the holiday, and would only return the full amount to you if we are successful in doing so. We strongly suggest that you take out your own holiday insurance to protect against such an unfortunate set of circumstances.

 

10         Insurance

 

10.1      At all times throughout the Term the Landlord shall effect suitable building insurance cover for the Property and shall insure the Landlord's fixtures, fittings and effects against loss or damage by fire and any other risks he decides to insure against from time to time, with an insurance office of repute for the full cost of reinstatement.

 

10.2      The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance effected by the Landlord for the Property and the Landlord's fixtures, fittings and effects may become void or voidable or by which the rate of premium on any such policy may be increased.

 

11         Underletting

 

The Tenant must not assign, underlet or part with or share possession of the Property or any part of it.

 

12         Use of Property

 

The Tenant shall use the Property for the purpose of a private holiday residence for a maximum of 8 persons + baby only and not for any other purpose whatsoever and the Tenant must not use the Property or any part of it for any improper, immoral or illegal purposes.

 

13         Advertisements

 

The Tenant must not display notices or advertisements in the windows or elsewhere on the Property.

 

14         Nuisance

 

The Tenant shall not (nor allow others to) cause nuisance or annoyance to the Landlord, other tenants or any neighbours.

 

15         Damage

 

The Tenant shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Property or adjoining property.

 

16         Alterations to Property

 

The Tenant shall not (nor allow others to) make any alterations or additions to the Property or its decorations, fixtures or fittings and the Tenant shall not (nor allow others to) remove any of the items specified in the inventory or any of the Landlord’s possessions, from the Property.

 

17         Maintenance

 

17.1      The Tenant shall keep any fixtures, fittings and effects of the Landlord in good repair and condition.

 

17.2      The Tenant must not move any items of furniture from room to room in the Property and must replace in its original position any furniture that is moved within rooms.

 

18         Reporting Disrepair

 

The Tenant must report to the Landlord any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances.

 

19         Rights of Access

 

            The Tenant must allow the Landlord, his agent or contractors access to the Property at reasonable hours during the day, to inspect the condition of the Property or to carry out repairs or other works to the Property that may be necessary during the Term pursuant to the Landlord's repairing obligations or to carry out maintenance of the appliances or to execute all work necessary to remedy the Tenant's breach of any covenant contained in this Agreement regarding repair, maintenance or decoration. The Landlord shall normally give at least 24 hours' notice but the Tenant shall give immediate access in an emergency.

 

20         Suspension of Rent

 

If the Property or any part of it is damaged or destroyed by fire or any of the risks insured against by the Landlord so that the Property is not habitable, the Rent shall be suspended or a partial abatement allowed to the nature and extent of the damage and destruction until the Property has been reinstated and is fully habitable again. If the rent for the period of suspension has been paid in advance the Landlord must repay it or a fair proportion of it to the Tenant.

 

21         End of the Term

 

The Tenant must deliver up the Property at the end of the Term in the same clean state and condition it was in at the beginning of the Term, reasonable wear and tear and damage by insured risks excepted.

 

22         Re-entry

 

If at any time during the Term:

 

21.1      the Rent or any part of it is unpaid for more than 14 days after it is due, whether formally demanded or not, or

 

21.2      there is a breach of any other of the Tenant's obligations under this Agreement, or

 

21.3      the Property is left unoccupied for more than 14 days continuously otherwise than by prior agreement with the Landlord,

 

then the Landlord may recover possession of the Property and this Agreement shall end but without prejudice to any of the Landlord's other rights and remedies in respect of any outstanding obligations on the part of the Tenant.

 

23         Non-availability of Property

 

            If for any reason beyond the landlords control the property is not available on the date(s) booked (for example owing to flood damage), all rent paid in advance will be refunded in full, but the tenants shall have no further claim against the landlord.