Terms and Conditions

Nature of The Agreement

The Licence is granted by the Owner to the Licensee for the purpose of a holiday and is not intended to create the relationship of landlord and tenant between the parties.

The Licensee shall not be entitled to a tenancy or to an assured short-hold or assured tenancy or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when this Licence ends.

Licence to Occupy

The Owner permits the Licensee to occupy the Cottage for the Holiday Period in return for the Licence Fee and Bond and to use the furnishings, kitchen equipment, crockery, glasses, bedding and towels as set out in the inventory that is attached.

Payment of the Bond, Deposit and Licence Fee

The Licensee must pay: –

  • the Deposit upon booking.
  • the Licence Fee (less Deposit already paid) in cleared funds 6 weeks prior to the Commencement Date.
  • the Bond in cleared funds 6 weeks prior to the Commencement Date.

The Licensee must have vacated the Cottage, with all family and effects, by the end of the Holiday Period (that is to say 10.30am on the Departure Date). Failure to do so will result in the Licensee being charged a further day’s licence fee calculated proportionately by reference to the Licence Fee.

The Bond will be held by the Owner to be applied against the reasonable repair or replacement and cleaning of furnishings, kitchen equipment, crockery, glasses, bedding and towels damaged or soiled (otherwise than by usual wear and tear) during the Holiday Period by the Licensee. The balance of the Deposit will be returned to the Licensee within 5 days of the Departure Date.

The Deposit and Licence Fee are non-refundable.

Keys

The Owner will issue to the Licensee one set of keys to the Cottage on the Commencement Date and the Licensee must return them to the Owner on the Departure Date.

The keys must be placed in the key safe box next to the side entrance door.
If the Licensee loses a key the Owner will replace it upon the Licensee paying the reasonable cost of having a replacement cut.

Licensee’s Obligations

The Licensee must:

  • not smoke, vape or light candles in the Property (smoking is permitted at the outside of the Cottage);
  • not leave any children in the Cottage unattended / unsupervised;
  • keep the Cottage and the furnishings, kitchen equipment, crockery and glasses clean and in good condition and the bedding and towels in good condition and be responsible for repairing any damage;
  • not cause any damage to the walls, doors or windows of the Cottage;
  • not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises; and
  • not do or permit any act that would invalidate or increase the premium payable under the Owner’s Insurance Policy;

Use

This Licence is personal to the Licensee. The Licensee must not use the Cottage except for the purpose of a holiday by the Licensee and the Licensee’s family during the Holiday Period and not for any other purpose or longer period.

Early Termination

This Licence may be determined before the end of the Holiday Period by the Owner without notice in the event of the Licensee being in material breach of the terms of this Agreement. In the case of determination otherwise than by reason of the Licensee’s default, the Owner shall return to the Licensee the appropriate proportion of the Licence Fee attributable to the then unexpired remainder of the Holiday Period.

Notices

Any notice to be served on the Licensee under this Agreement may be given during the Holiday Period by delivery through the letterbox or putting under the front door of the Cottage and shall be deemed to have been received upon the expiration of 24 hours after service.

Severance

If any term of this Agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this Agreement and the enforce ability of the remainder of this Agreement shall not be affected.

Jurisdiction

The Owner and the Licensee agree that this Agreement shall be exclusively governed by and interpreted in accordance with the laws of England and Wales and to submit to the exclusive jurisdiction of the English Courts.

Contracts (Rights of Third Parties) Act 1999

This Agreement shall not operate to confer any rights on any third party and no person other than the parties to it may enforce any provision of this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.

Limitation of Liability

Mobility Aids – The Owner shall not be liable for any consequential, indirect, direct or special losses / expenses from the use of any Mobility Aids supplied at the Cottage (regardless of whether such liability / loss arise in tort, contract or in any other way and whether or not caused by negligence or misrepresentation). The use of any such Mobility Aids is at the sole risk of the License.