This
Agreement and Contract (the “Agreement”) is a legally binding agreement made
and entered into as of the Reservation Date written below by and between the
undersigned person(s) or company (the “Guest”) and the undersigned owner,
manager or agent (“Rental Agent”), pursuant to which the Guest has agreed to
rent the residence described below (the “Property”), for the duration of the
Rental Term for the Total Rental Fee and other good and valuable consideration
as described herein.
OCCUPANCY
Guest
agrees that no more than the agreed persons shall be permitted on the Property
at any time during the Rental Term, all of whom shall comply with
the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION
AND USE OF PROPERTY
The
Property is provided in “as is” condition. Rental Agent shall use its best
efforts to ensure the operation of all amenities in the Property, such as
internet access, satellite or cable TV access or hot tubs, fireplaces as
applicable. Rental Agent shall not be held responsible for such items failure
to work, but will make every effort to correct any issues as reported as
quickly as possible. Guest acknowledges that use of amenities such as hot tubs,
pools, spas, fireplaces, decks, and the like may be potentially dangerous and
involve potential risks if improperly used, particularly with regard to
children and such use is at the Guest’s own risk.
Guest
shall use the Property for residential purposes only and in a careful manner to
prevent any damage or loss to the Property and keep the Property in clean and
sanitary condition at all times. Guest and any additional permitted guests
shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience
neighbours, nor shall Guest use the Property for any immoral, offensive or
unlawful purposes, nor violate any law, association rules or ordinance, nor
commit waste or nuisance on or about the Property.
DEFAULT
If
Guest should fail to comply with the conditions and obligations of this
Agreement, Guest shall surrender the Property, remove all Guest’s property and
belongings and leave the Property in good order and free of damage. No refund
of any portion of the Total Rental Fee shall be made and if any legal action is
necessary, the prevailing party shall be entitled to reimbursement from the
other party for all costs incurred.
ASSIGNMENT
OR SUBLEASE
Guest
shall not assign or sublease the Property or permit the use of any portion of
the Property by other persons who are not family members or guests of the Guest
and included within the number of and as permitted occupants under this
Agreement.
RISK OF
LOSS AND INDEMNIFICATION
Guest
agrees that all personal property, furnishings, personal affects and other
items brought into the Property by Guest or their permitted guests and visitors
shall be at the sole risk of Guest with regard to any theft, damage,
destruction or other loss and Rental Agent shall not be responsible or liable
for any reason whatsoever.
Guest
hereby covenants and agrees to indemnify and hold harmless Rental Agent and
their agents, owners, successors, employees and contractors from and against
any costs, damages, liabilities, claims, legal fees and other actions for any
damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or
agents, representatives or successors of Guest due to any claims relating to
destruction of property or injury to persons or loss of life sustained by Guest
or family and visitors of Guest in or about the Property and Guest expressly
agrees to save and hold Rental Agent harmless in all such cases.
RELEASE
Guest
hereby waives and releases any claims against Rental Agent, the Property owner
and their successors, assigns, employees or representatives, officially or
otherwise, for any injuries or death that may be sustained by Guest on or near
or adjacent to the Property, including any common facilities, activities or
amenities. Guest agrees to use any such facilities or amenities entirely at the
Guest’s own initiative, risk and responsibility.
ENTRY
AND INSPECTION
Rental
Agent reserves the right to enter the Property at reasonable times and with
reasonable advance notice for the purposes of inspecting the Property or
showing the Property to prospective purchasers, renters or other authorized
persons. If Rental Agent has a reasonable belief that there is imminent danger
to any person or property, Rental Agent may enter the Property without advance
notice.
UNAVAILABILITY
OF PROPERTY
In the
event the Property is not available for use during the Rental Term due to
reasons, events or circumstances beyond the control of Rental Agent, Rental
Agent will apply due diligence and good faith efforts to locate a replacement
property that equals or exceeds the Property with respect to occupancy
capacity, location and value that meets the reasonable satisfaction of the
Guest. If such replacement property cannot be found and made available, Rental
Agent shall immediately return all payments made by the Guest for any unused
portion of the Rental Term, whereupon this Agreement shall be terminated and
Guest and Rental Agent shall have no further obligations or liabilities in any
manner pertaining to this Agreement.
ADDITIONAL
TERMS TO THE RENTAL AGREEMENT
In
addition to the standard terms included herein, Guest acknowledges and agrees
that the following additional terms and conditions apply to the Guest’s rental
of the Property:
1.1
You must be 21 years or over when you book your accommodation. Your booking is
made as a consumer and you acknowledge that no liability can be accepted for
any losses suffered or incurred by you.
1.2
We reserve the right to refuse to accept any booking for whatever reason.
1.3
You may arrive at your accommodation after 3pm (except if it is stated
different) on the start day of your booking and, unless otherwise agreed, you
must leave by 11am on the last day. If you fail to arrive by midnight on the
day of the start date and do not advise us of a late arrival we may treat the
booking as being cancelled by you
1.4 If
the number of people permitted to occupy an apartment is exceeded (which would
be in breach of Health and Safety Regulations) we reserve the right to move
excess occupants and charge for additional apartments, require the excess
occupants to vacate the property or charge additional fees for each occupant
that has exceeded the permitted number of guests.
1.5
Should payment not reach us within the required time we reserve the right to
cancel any bookings made and any deposit paid will be forfeit.
1.6
Card details to cover breakages and damages are required. These can be charged
up to five (5) working days after the guests stayed in the property. Charges
are only applied provided the following provisions are not met:
·
No damage is done to property or its
contents.
·
No charges are incurred due to illegal
activity, pets or additional services rendered during the stay.
·
All debris, rubbish and discards are
placed in rubbish bin, and soiled dishes are cleaned.
·
All keys are left in the
keybox/letterbox (or same place as the guest collected them from) and the accommodation
is left locked.
·
All charges accrued during the stay are
paid prior to departure.
·
No linens are lost or damaged.
·
NO early arrival or late departure.
·
NO smoking within the apartment.
·
The renter is not evicted by the owner
(or representative of the owner) or the local law enforcement.
1.7 We
expect the apartment to be left in a reasonable state on departure. If, at our
discretion, additional cleaning is required on departure, the cost of this
cleaning will be charged as an additional charge.
1.8
Where there is evidence of guests smoking within the apartment, we reserve the
right to charge £100 for specialist cleaning.
1.9
Pets are not permitted in our rental units.
2.0 If cancelled or modified up to 14 days before date of arrival, no fee will
be charged except if it is stated any different at the time of booking.
If cancelled or modified later, or in the case of a no-show, the total price of
the reservation will be charged.
2.1
Unless otherwise agreed, the owners will issue to the client or guest one set
of keys to the property. If at any time the client or guest loses the keys,
they must notify us as soon as possible and we will instruct a locksmith to
change the lock/key(s) and charge the client or guest.
GENERAL
PROVISIONS
This
Agreement contains the entire agreement between the parties with regard to the
rental of the Property, and any changes, amendments or modifications hereof
shall be void unless the same are in writing and signed by both the Guest and
the Rental Agent. This Agreement shall be governed by the laws of the United
Kingdom. The words “Rental Agent” and “Guest” shall include their respective
heirs, successors, representatives. The waiver or failure to enforce any breach
or provision of this Agreement shall not be considered a waiver of that or any
other provision in any subsequent breach thereof. If any provision herein is
held invalid, the remainder of the Agreement shall not be affected. Any notice
required to be given under this Agreement shall be in writing and sent to the
contact information included herein. This Agreement may be signed in one or
more counterparts, each of which is an original, but taken together constitute
one in the same instrument. Execution of a digital signature shall be deemed a
valid signature.