Conditions of Hire - Direct Bookings

Definitions and Preambles

In these Conditions of Hire, 'the Owner' means Lynne and Mark Phillips, Trading as Heron Lodge Holiday Cottage, Oxton Rakes Hall Farm, Grange Lane, Barlow, Derbyshire, S18 7SE.

'the Hirer' means the person or persons whose name appears on the Holiday Booking Form

'the Booking Form' shall mean the booking form of the Heron Lodge brochure

'the Premises' shall mean Heron Lodge, Oxton Rakes Hall Farm, Grange Lane, Barlow, Derbyshire, S18 7SE.

'the Furniture' means the fixtures, fittings and effects set out in the inventory held by the Owner, which states both the individual items and their present condition

'holidays': in order that properties can be thoroughly inspected between lets, holidays commence at 3.00 p.m. on arrival day and terminate at 11.00 a.m. on departure day

'occupancy': each property is offered on the understanding that no more than the maximum number of people indicated in the brochure shall use it. We reserve the right to refuse or curtail any booking which appears (via the booking form or from other information received) not to meet this requirement, either by numbers in the party or by composition. We also reserve the right to make any booking subject to deposit being received against inventory and cleaning, less any damaged or missing items and less any other than normal cleaning being necessary by us.

Specific Conditions

1. These Conditions of Hire and the Booking Form when signed by the Owner shall constitute a binding contract between the Hirer and the 0wner.

2. The Hirer takes the Premises and agrees to pay to the Owner the Rent in accordance with the provisions the Booking Form and these Conditions of Hire otherwise the Owner shall be free to cancel the booking by giving to notice to the hirer and to retain all monies paid by the Hirer and relet the Premises and to claim all losses and expenses incurred from the Hirer.

3. The Owner will release the keys of the Premises to the Hirer (or any one of them provided written consent authority from the remainder of the persons to occupy the Premises is produced) on payment of the Rent in accordance with the Booking Form.

4. The Hirer will:

(i) Not make any alterations or additions to the Premises, the decorations or the Furniture nor deface the Premises and will keep and leave the Premises and the Furniture clean and tidy in the same state repair, and condition, as they are in on the day the Hirer takes up occupation, and not remove any the Furniture from its position in the Premises. The Hirer will not introduce any furniture or equipment into the property

(ii) Not do anything on the Premises which may be or tend to be a nuisance, annoyance or cause damage to the owners or occupiers of any neighbouring or adjoining property.

(iii) Use the Premises for the purpose only of a private holiday residence for the number of persons indicated in the Owner's brochure and the Owner reserves the right to withhold and/or withdraw the keys of the Premises, if such number is exceeded. The Hirer shall not assign, sub-let or part with or share possession of the Premises or any part of them.

(iv) Permit the 0wner or his representative to have access to the Premises at all reasonable times.

(v) Deliver to the Owner all the keys of the Premises on the last of the dates mentioned in the Booking Form. In the event of any failure by the Hirer to do so, the Hirer is to be responsible for payment on demand of the full cost of any replacement keys and/or locks to the Premises.

(vi) Will be required to pay all changes and costs incurred, should the Owner or his representative be called upon by the Hirer to provide entry to the Premises as a result of the Hirer having left the keys inside the Premises or elsewhere or having lost the keys of the Premises. The Hirer will pay a minimum charge of £20.00 per call out together with the cost of any replacement keys and/or locks which the Hirer agrees to pay on demand by the Owner.

5. If due to circumstances beyond his control the Owner finds it necessary to alter or cancel the reservation of the Premises by the Hirer, the Owner shall upon becoming aware of the circumstances inform the Hirer of the alteration or cancellation and:-

(i) Endeavour to arrange and offer to the Hirer alternative accommodation of a similar type and standard and in a similar location as that reserved by the Hirer, subject to the right of the Owner to charge the Hirer any difference in price.

(ii) If the alternative accommodation is not available to the Hirer or it is not reasonably practical for the Owner to arrange alternative accommodation or if the Hirer states in writing that the alternative accommodation offered by the Owner is not acceptable to him within 10 days of the Owner offering such accommodation, the Owner shall refund in full all monies paid by the Hirer, and shall not be under any further liability to the Hirer.

6. It is agreed by the Owner and the Hirer that:

(i) The Premises are to be occupied by the Hirer for a holiday home as mentioned in the Housing Act 1988, Schedule 1, Paragraph 9 and the Hirer acknowledges that the tenancy granted by this Agreement is not an Assured Tenancy and that no statutory periodic tenancy will arise on the determination of the Term. In the event that the Term of the hire exceeds that agreed on force majeur or other grounds, the Hirer agrees to pay rent at the undiscounted advertised rate for each full week or part week he occupies the Premises and to reimburse the Owner for all consequential losses pursuant to his staying beyond the agreed Term.

(ii) The Owner will incur no personal liability for any misdescription in the particulars of the Premises as set out in the brochure, and which to the best of the Owner's knowledge, information and belief, was correct at the time it was printed nor for any subsequent alteration in those particulars made on the same basis.

7. Every effort is made to ensure the accuracy of the information given, either orally or written and all representations are made in good faith.

8. Price Changes. The Owner reserves the right to amend prices quoted in the brochure due to errors or omissions, or changes in the VAT or in other national or local taxes applicable to the premises hired by the Hirer.

9. Brochure Descriptions. Some of the information in our descriptions details certain facilities outside the property. Closure of such premises and other changes to external facilities are outside our control and therefore these details cannot be relied upon absolutely.

10. Changing a Booking. Once a booking has been accepted by the Owner, the booking can be considered to be changed to another date providing the new dates are agreeable to the Hirer and the Owner and subject to the availability of the property. A small administration charge will be levied.

11. This brochure and these Conditions supersede any previous issue.

12. If any clause contained in these conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other clauses and the remainder of the clause shall not be affected.