Terms & Conditions

BACKGROUND:

Terms and conditions

These Terms and Conditions shall apply to the rental of properties from Justin and Jane Humphreys (“the Company”) by customers who are renting the property for personal purposes.

Definitions and Interpretation

  1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
  2. “Customer” – means the customer who is renting the Property subject to these Terms and Conditions;
  3. “Rental” – means the rental of the Property by the Customer subject to these Terms and Conditions;
  4. “Rental Agreement” – means the agreement entered into by the Customer and
    the Company incorporating these Terms and Conditions which shall govern the Rental of the property;
  5. “Rental Fees” – means the sum payable by the Customer for the Rental as determined by these Terms and Conditions;
  6. “Property” – means the property which the Customer is renting for the duration of the Rental Agreement.
  7. Unless the context otherwise requires, each reference in these Terms and Conditions to:
  8. “writing”, and any cognate expression, includes a reference to any communication effected byelectronic or facsimile transmission or similar means;a statute or a provision of a statute is areference to that statute or provision as amended or re-enacted at the relevant time;
  9. “these Terms and Conditions” is a reference to these Terms and Conditions and each of theSchedules as amended or supplemented at the relevant time;
  10. a Schedule is a schedule to these Terms and Conditions;
  11. a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other thanthe Schedules) or a paragraph of the relevant Schedule; and
  12. a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
  13. The headings used in these Terms and Conditions are for convenience only and shall have noeffect upon the interpretation of these Terms and Conditions.
  14. Words imparting the singular number shall include the plural and vice versa.
  15. References to any gender shall include the other gender.

Rental Term

  1. The Property will be made available for occupation by the Customer at the time shown in the booking information.
  2. The agreed Rental Term will be set out in the Rental Agreement. The Customer must vacate the Property promptly at the end of the Rental Term.
  3. If the Customer is late in vacating the Property by more than 1 hour the Company shall charge the Customer for an additional day’s rental at the normal daily rate for that Property, plus any additional relevant charges, surcharges or excesses.
  4. If the Customer wishes to extend the Rental Term they may do so at any time prior to the end of the Rental Term. The Customer must contact the Company to arrange such an extension. Extensions may be made for up to 7 days subject always to the existence of prior reservations made by other customers. The Company shall use its best and reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Property to the Customer beyond the end of the pre-existing Rental Term.
  5. The Company reserves the right to require the Customer to vacate the Property immediately at any time. In the event that the Company exercises this right the Customer will be reimbursed for any and all full days remaining in the Rental Term. If the Property is not vacated on request the Customer shall be deemed to have authorised the Company to use any means necessary to recover the Property. The Customer shall be charged for any costs associated with such recovery.

Fees, Payment and Booking Cancellation

  1. The Rental Fees will be determined by reference to the length of the Rental Term, any relevant surcharges and any additional items which may be included in the Rental.
  2. The Customer will be required to pay a deposit by credit/debit card at the time of booking. With the remainder of the balance being due no later than one month (30 days)prior to the hire date. The security deposit as set out below is due no later than 1 week (7 days) prior to the hire date.
  1. A security deposit of £250 will be paid by the Customer no later than 7 days prior to the hire date, which will be refunded to the Customer one week after the end of the Rental Term provided no costs have been incurred during the Rental Term under these Terms and Conditions. If such costs are incurred, they will be deducted from the security deposit.
  2. In the event that full payment is not received 30 days prior to the hire date, the booking shall be deemed cancelled without proper notice by the Customer. Similarly if the Security deposit of £500 is not received 7 days prior to the hire date, the booking shall be deemed cancelled by the Customer without proper notice and subject to the terms below.
  3. Cancellation must be made in writing, no less than 30 days prior to the hire date.
  4. If cancellations are made without proper notice (ie. less than 30 days prior to the hire startdate) any/all payments (excluding security deposit) will be non refundable.

Use

1. The Customer may only use the Property for the normal purpose.
2. The Property accommodates two persons, extra guests, visitors, children or pets are not permitted unless by prior arrangement.
3. Overnight camping, meetings, parties and/or gatherings are not permitted unless by explicit prior arrangement and payment of extra charges.
4. The Customer may not use the Property for any illegal purpose.

Property Care

1. The Property will be supplied in a clean condition having been fully serviced.
2. The Customer shall ensure that the Property is returned to the Company in a similar condition. Whilst the Customer is not required to clean the Property under normal circumstances, any spillages, stains or excess dirt inside the Property which occur during the term of the Rental must be cleaned by the Customer OR will incur an additional charge.

3. All linen, towels, bathrobes, kitchen equipment, etc. are provide for Guests use whilst at the Property and remain in the ownership of the company at all times.

4. Open flames are not permitted at any time within the building or grounds.
5. Any damage to or loss from the Property will incur a £50 (minimum) administration fee in addition to any repair/replacement costs.

Privacy, security and listing sites

1. In order to maintain the privacy, security and ongoing business of the property, the Company does not wish to have the property listed on any form of review or listing website. By making a booking at the property the Customer agrees not to list, add, review or disclose the location of the Property publicly and understands that to do so may result in legal enforcement action.

Data Protection

  1. Subject to the exceptions in sub-Clause 10.2 the Company will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Company’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
  2. The Company has the right to pass on any personal information provided by the Customer to relevant authorities including, but not limited to the police. In the event that the Customer is in breach of these Terms and Conditions the Company may also pass on any such information to credit reference agencies and debt recovery agencies.

Termination

  1. Where the Customer is an individual, the Company shall be entitled to terminate the Rental Agreement in the event that:
  2. the Customer is in breach of these Terms and Conditions;
  3. the Customer has had their personal belongings confiscated in order to satisfy debts; or
  4. the Customer has a receiving order made against them.
  5. Where the Customer is a company, the Company shall be entitled to terminate the Rental Agreement in the event that:
  6. the Customer is in breach of these Terms and Conditions;
  1. the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
  2. In the event of termination for any of the above reasons:
  3. the Company shall have the immediate right to request the immediate vacation of the Property and may charge the Customer for any reasonable costs involved in such repossession.

The Company’s liability

  1. The Company shall be responsible for any foreseeable loss or damage that the Customer may suffer only as a result of the Company’s breach of these Terms and Conditions or as a result of the Company’s negligence. Loss or damage is foreseeable only if it is an obvious consequence of the Company’s breach or negligence or if it is contemplated by the Customer and the Company when the Rental Agreement is formed. The Company will not be responsible for any loss or damage that is not foreseeable.
  2. In any event, The Company’s total liability under these Terms and Conditions shall be limited to the value of the contract between the Company and the Customer, that is, the total Rental Fees payable by the Customer.
  3. Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability for death or personal injury caused by its negligence (including that of its employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  4. Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability with respect to the Customer’s rights as a consumer (where the Customer is not contracting in the capacity of a business).

Events Outside of the Company’s Control (Force Majeure)

The Company shall not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond the Company’s control.

Communication and Contact Details

The Customer may contact the Company in person at the Company’s base, by telephone, mobile 07831 307031 by email at info@humphreysholidays.com or by pre-paid post at Piper’s Hill. Garth Rd. Glan Conwy, Conwy, LL28 5TD.

Other Important Terms

  1. The Company may transfer (assign) its obligations and rights under these Terms and Conditions (and under the Rental Agreement, as applicable) to a third party (this may happen, for example, if the Company sells its business). If this occurs the Customer will be informed by the Company. The Customer’s rights under these Terms and Conditions will not be affected and the Company’s obligations under these Terms will be transferred to the third party who will remain bound by them.
  2. The Customer may not transfer (assign) their obligations and rights under these Terms and Conditions (and under the Rental Agreement, as applicable) without the Company’s express written permission.
  3. The Rental Agreement is between the Customer and the Company. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
  4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
  5. No failure or delay by the Company in exercising any of its rights under these Terms and Conditions means that it has waived that right, and no waiver by the Company of a breach of any provision of these Terms and Conditions means that it will waive any subsequent breach of the same or any other provision.

Governing Law and Jurisdiction

  1. These Terms and Conditions (and the Rental Agreement) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
  2. Any dispute, controversy, proceedings or claim between the Company and the Customer relating to these Terms and Conditions (or the Rental Agreement) (including any non- contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.