Tillers Cottage
Terms & Conditions
Tillers Cottage Terms & Conditions
IMPORTANT: THIS LICENCE IS A BINDING DOCUMENT. BEFORE SIGNING IT YOU SHOULD READ IT CAREFULLY TO ENSURE THAT IT CONTAINS EVERYTHING YOU DO WANT AND NOTHING UNACCEPTABLE TO YOU. IF YOU DO NOT UNDERSTAND THIS LICENCE OR ANYTHING IN IT, IT IS STRONGLY SUGGESTED YOU ASK FOR IT TO BE EXPLAINED TO YOU BEFORE YOU SIGN IT. YOU MIGHT CONSIDER CONSULTING A SOLICITOR OR CITIZENS ADVICE OR HOUSING ADVICE CENTRE.
THIS AGREEMENT is made on ………………………………………………………………………… 20…….
PARTIES
1 KATHERINE LUCY MUNKS of Riverside House, Home Farm, South Kyme, Lincoln LN4 4AE (the Owner) and
2 ……………………………………………………………………. of ……………………………...........
…………………………………………………………………………………………… (the Licensee)
THE PARTIES AGREE:
1 Definitions and interpretation
1.1 Definitions
In this Agreement:
Commencement Date means ………………………………………..
Cottage means Tillers Cottage, 29 Main Street, Ebberston, Scarborough, North Yorkshire YO13 9NR.
Departure Date means ………………………………………..
Deposit means £………………………………………(30% of the Licence Fee)
Electronic Payment means payment by electronic means in same day cleared funds from an account held in the name of the Licensee at a clearing bank to an account in the name of the Owner.
Holiday Period means the period from 1700 on the Commencement Date until 1000
hours on the Departure Date;
Insurance Policy means the Owner’s insurance policy on the Cottage, a summary of the risks covered by and details of the insurer’s requirements under which are available on the guest portal;
Licence means the licence to occupy conferred by this Agreement
Licence Fee means £……………………………………… ; and
Maximum Occupancy means eight adults and one infant under the age of 2 years
1.2 Interpretation
1.2.1 Where the Owner or the Licensee consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under this Agreement and not just a proportionate part).
1.2.2 Words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa and words that indicate persons shall be interpreted as extending to a corporate body or a partnership and vice versa.
1.2.3 The clause and schedule headings do not form part of this Agreement and shall be ignored in its interpretation.
2 Nature of the agreement
2.1 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.
2.2 The Licensee shall not be entitled to a tenancy or to an assured shorthold 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.
3 Licence to occupy
The owner permits the Licensee to occupy the Cottage for the Holiday Period in return for the Licence Fee (payment of which is required no later than 42 days in advance) and to use the furnishings, kitchen equipment, crockery, glasses, bedding and towels located at the Cottage.
4 Payment
4.1 The Licensee must pay the Licence Fee by Electronic Payment.
4.2 The Licensee must have vacated the Cottage, with all his family and effects, by the end of the Holiday Period (that is to say1000 hours 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 and indemnifying the Owner and keeping him indemnified against all losses directly resulting from a contravention of this clause.
5 Keys
The Owner will make available to the Licensee one set of keys to the Cottage on the Commencement Date and the Licensee must return them to the key safe located at the Cottage on the Departure Date. If the Licensee loses a key the Owner will replace it upon the Licensee paying the reasonable cost of having a replacement cut.
6 Licensee’s obligations The Licensee must:
6.1 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 or professional cleaning required;
6.2 not cause any damage to the walls, doors or windows of the Cottage;
6.3 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;
6.4 not do or permit any act that would invalidate or increase the premium payable under the Insurance Policy;
6.5 not exceed the Maximum Occupancy;
6.6 not keep or allow any animal, bird or reptile at the Cottage other than one well behaved dog without first obtaining the Owner’s written consent which is not to be unreasonably withheld or delayed; and
6.7 comply with the regulations in the Schedule.
7 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.
8 Owner’s obligations The Owner must:
8.1 allow the Licensee and his family enjoyment and use of the Cottage for the Holiday Period free of interruption except in emergency;
8.2 provide clean bed linen and towels and drying-up cloths as reasonably required during the Holiday Period.
9 Safety regulations
9.1 The Owner confirms that the furniture and furnishings comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
9.2 The Owner confirms that the electrical appliances and equipment provided by the Owner are safe and will not cause danger and that all electrical appliances and equipment manufactured after 19 January 1997 have the appropriate CE marking.
9.3 If there is a gas supply to the Cottage, the Owner confirms that he has complied with the Gas Safety (Installation and Use) Regulations 1998 and an appropriate Gas Safety certificate has been provided to the Licensee prior to this Agreement.
9.4 The Owner confirms that the Cottage is suitably equipped with smoke alarms (and, where appropriate, with carbon monoxide alarms) that are in proper working order.
10 Early termination
10.1 This Licence may be determined by the Owner prior to the Commencement Date due to:
10.1.1 circumstances or events outside the Owner’s control which prevent or are likely to prevent the Licensee from staying at the Cottage for the Holiday Period or the Owner from complying with any other of its obligations under this Agreement;
10.1.2 the non-payment of the Licence Fee by the Licensee in accordance with clauses 3 and 4.1 of this Agreement.
In the case of determination under clause 10.1.1, the Owner shall return any Licence Fee paid to it by the Licensee.
10.2 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 or if the Cottage becomes uninhabitable by reason of an event covered by the Insurance Policy. 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.
10.3 This Licence may be determined by the Licensee prior to the Commencement Date by written notice to the Owner who will then use reasonable endeavours to re-book the Cottage:
10.3.1 if the Owner is successful in re-booking the Cottage, it shall refund any Licence Fee paid to it by the Licensee, less an administrative fee of £50 and any difference received between the Licence Fee and replacement booking fee;
10.3.2 if the Owner is unsuccessful in re-booking the Cottage, it shall:
(a) refund to the Licensee 100% of the Licence Fee paid to it by the Licensee if 42 days or more written notice has been provided, less an administrative fee of £50;
(b) refund to the Licensee 60% of the Licence Fee paid to it by the Licensee if between 36 and 42 days’ written notice has been provided;
(c) refund to the Licensee 50% of the Licence Fee paid to it by the Licensee if between 29 and 35 days’ written notice has been provided;
(d) refund to the Licensee 25% of the Licence Fee paid to it by the Licensee if between 15 and 28 days’ written notice has been provided;
(e) refund to the Licensee 10% of the Licence Fee paid to it by the Licensee if between 6 and 14 days’ written notice has been provided; or
(f) retain the Licence Fee which shall be non-refundable if 5 days or less written notice has been provided.
10.4 The Licensee should take out adequate travel insurance prior to the holiday and it is the Licensee’s responsibility to ensure that any such insurance cover is adequate. The Owner shall not be liable for any failure by the Licensee to do so.
11 Notices
Any notice to be served on the Licensee under this Agreement may be given during the Holiday Period by putting it under or attaching it to the front door of the Cottage and shall be deemed to have been received upon the expiration of 24 hours after service.
12 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 enforceability of the remainder of this Agreement shall not be affected.
13 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.
14 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.
AGREED by the parties
The Schedule
The regulations
1 The flowers and plants in the garden are not to be picked or pulled up.
2 No washing is to be hung out or left to dry outside the Cottage except on the washing line provided or clothes airer.
3 The Licensee’s car, motor cycle or other vehicle must only be parked in the parking space marked as allotted to go with the Cottage.
4 Additional electrical apparatus, including electric vehicles, may not be connected to the electrical system and the existing apparatus may only be used at the density of one item to each outlet plug. The Licensee must not extend the electric wiring or cause overloading to the electrical system.
SIGNED by the said )
KATHERINE LUCY MUNKS )
)
SIGNED by the said )
………………………………… )
)
