Nedging Hall
Terms and Conditions of Contract
1. Definitions
In these conditions, unless the context requires otherwise:
1.1.
‘Agency’ means Mauldon’s Limited of 13 Church Field Road, Sudbury, Suffolk, England, CO10 2YA which is a company registered in England and Wales under company number: 03905674.
1.2.
‘Agency’s Website ’ means the Agency’s website at www.nedging-hall.co.uk;
1.3.
‘Balance’ means the total amount payable by You for the Rental Period (including, for the avoidance of doubt, the Cautionary Deposit) less the amount of the Booking Deposit, if any, paid in accordance with clause 5 below;
1.4.
‘Booking Deposit’ means a deposit which may be payable by You to the Agency on acceptance of the booking by the Owner in accordance with clause 5 below if your booking is made more than three month before the Rental Date;
1.5.
‘Booking Form’ means the form provided by the Agency in which you provide information with respect to your booking and requirements and make an offer to the Owner in accordance with clause 3.1 below;
1.6.
‘Business Days’ means 8.30a.m – 5.00p.m on any day (other than a Saturday or Sunday or public holiday) when banks in London are open for business.
1.7.
‘Booking Service’ the service which the Agency provides to Owners through the Agency’s Website whereby prospective customers for holiday lets are able to choose and book a holiday property.
1.8.
‘Cautionary Deposit’ means the deposit to be paid by You and held by the Agency on behalf of the Owner as security against any damages and/or any requirement for additional cleaning, whether discovered during the Rental Period or after your departure, as further described in clause 5 below.
1.9.
‘Conditions’ means these terms and conditions;
1.10.
‘Contract’ has the meaning given in clause 3.4.
1.11.
“Force Majeure Event “means any circumstance not within a party’s reasonable control including, without limitation:
(a) acts of God, severe floods, droughts, earthquake or other natural disaster
(b) epidemic or pandemic including any yet unknown effects of the Covid-19 pandemic.
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations
(d) nuclear, chemical or biological contamination or sonic boom
1.12.
‘Key Facts’ means the key facts on the Agency’s Website which relate particularly to the Property.
1.13.
‘Property’ means the property let or to be let by the Owner to You through the Agency [to include the Property’s grounds and any outbuildings];
1.14.
‘Owner’ shall mean the owner of the Property by whom the Agency is appointed agent;
1.15.
‘Owner’s Representative’ means the person appointed by the Owner to represent the Owner at the Property.
1.16.
‘Rental Date’ means the date on which the first night of the Rental Period begins;
1.17.
‘Rental Period’ means the number of days for which the Property is agreed to be let to You by the Owner in accordance with the Booking Form.
1.18.
‘Written Confirmation of Rental’ has the meaning given in clause 3.4.
1.19.
‘You’ shall mean the person who completes and submits the Booking Form and to whom the Owner lets the Property under the Contract; where more than one person is taking the holiday, ‘You’ also means the ‘party leader’.
1.20.
‘Booking Fee’ means the administration charge payable by You to the Agency on acceptance of the booking by the Owner in accordance with clause 5 below;
2. The Agency’s role
2.1.
The Agency does not own the Property but acts as an agent for the Owner by taking and arranging bookings for the Property through the medium of the Agency’s Website.
2.2.
The Agency’s role is limited to providing the Booking Service and communicating, where necessary with the Owner on your behalf. The Agency accepts no liability for any defect in/or the unavailability of the Property for any reason, or for any other issues concerning the letting or the Property during the Rental Period.
2.3.
When a Written Confirmation of Rental has been issued by the Agency, a Contract will be formed between You and the Owner in accordance with clause 3 below, to which the Agency shall not be a party.
3. Basis of Contract
3.1.
The submission of the Booking Form by You constitutes an offer to take a letting of the Property from the Owner in accordance with these Conditions.
3.2.
Where You are also a Party Leader, You are responsible for compliance with these Conditions and the Contract by all members of the party. ‘You’ shall also mean any member of your party, unless stated otherwise.
3.3.
At the time of booking You must be over the age of 18 and you must be in attendance at the Property for the duration of any period in which any member of the party is in occupation of Property.
3.4.
Your booking of the Property shall only been deemed accepted by the Owner upon Written Confirmation of the following, at which stage a contract will be made between You and the Owner (‘Contract’):
3.4.1.
Confirmation that You are over the age of 18 (and the Agency reserves the right to ask You and any member of your party for certified photographic ID to confirm the same, copies of which may be retained by the Agency for as long as is reasonably necessary);
The Owner’s consent to let the Property to You for the period and duration submitted on the Booking Form;
Receipt by the Agency of the Booking Deposit, or if booked less than 3 months before the Rental Date, payment of the Balance; and
Receipt by You of written confirmation by the Agency that the above matters have been concluded and that the Property is available (‘Written Confirmation of Rental’).
3.4.2.
3.4.3.
3.4.4.
3.5.
By submitting the Booking Form, You confirm that You will assume responsibility for the whole party and for compliance with these Conditions and Contract.
3.6.
Save where refusal would be unlawful, the Agency, on behalf of the Owner, has the right to refuse any Booking, without reason.
3.7.
Should the Agency refuse your booking, any monies paid by You will be returned within 5 Business Days and (save only where refusal would be unlawful) neither the Agency nor the Owner shall have any further responsibility or liability to You.
3.8.
Any disputes or queries with respect to these Conditions, or any other matter will be dealt with by You as the party leader.
3.9.
The Contract creates a license to occupy for the purposes of a holiday (and not for any business purpose) and nothing in the Contract or these Conditions shall create the relationship of landlord and tenant between You and the Owner.
3.10.
Neither the Owner nor the Agency provides any promise with respect to the quality of services provided by third parties at the Property including, but not limited to, internet service, telephone reception and television reception.
3.11.
The maximum number of occupants at the Property shall be the number stated on the Booking Form.
3.12.
At the time of booking you must provide the Agency with a list of the occupants in your party, which must include the name, address, and age of each person. Should this list change at any time prior to the Rental Date, you must inform the Agency immediately and this must be no less than 7 days before the check in date. You will also provide them with an updated list of occupants. The Owner may withhold consent to the change if, in their reasonable opinion, the change is materially detrimental to them. If a charge for extra guests is applicable then the funds must be received in full no less than 72 hours before the check in date.
3.13.
If during the Rental Period the persons occupying the Property during the Rental Period varies from the list provided by You, and the Owner has not consented to the change, the Owner may by written notice to You from the Agency, immediately terminate the Contract without liability and gain access to the Property in accordance with clause 9 and 10 below.
3.14.
The Agency is authorised (but not obliged) to accept bookings for hen parties and stag parties and asks that You notify the Agency prior to booking so that consent can be obtained by the Owner prior to Written Confirmation of Rental being obtained/sent. The Agency refers You to the Key Facts on the Agency’s Website which will state the use of the Property.
3.15.
If the nature of your stay differs from that stated in your Booking Form and the Owner has not consented to the change, the Owner may by written notice to You from the Agency, terminate the Contract without liability and gain access to the Property in accordance with clause 9 and 10 below
4. Advertisement of the Property
4.1.
The Agency makes all reasonable attempts to ensure that the information provided by the Owners in relation to the Property and services are accurately stated on all literature,
including the Agency’s Website.
4.2.
The advertisement of the Property is intended to create a general idea of the Property and whilst all reasonable efforts have been made by the Agency to ensure that information on the Agency’s Website about the Property and its facilities and services is kept up to date, there may be some differences between the description on the Agency’s Website and the actual state of affairs at the start of the Rental Period. In these circumstances, neither the Owner nor the Agency accepts any liability to You unless the relevant information has been previously verified to You in writing by the Agency, the Owner or the Owner’s
Representative.
4.3.
Where the Agency has suggested local attractions, these are provided for information purposes only and neither the Agency nor the Owner can be responsible for any lack of availability of local attractions during the Rental Period.
5. Booking and Payment
5.1.
A Booking Deposit will be payable by You, to the Agency on acceptance of the booking by the Owners in accordance with clause 5.5 below and if your booking is made more than three months prior to the Rental Date. The amount of the Booking Deposit shall be 33 % of the total cost of the Rental Period. The Booking Deposit is non-refundable unless The Agency is successful in re-letting the dates pursuant to clause 9.
5.2.
For bookings made less than three months before the Rental Date, the Balance shall be payable by You, to the Agency, on submission of the Booking Form. The Cautionary Deposit will also be due pursuant to clause 6.1 below.
5.3.
The Agency shall, where applicable, send you written confirmation by email of the Balance to be paid by You in full, three months prior to the Rental Date. Such payment must be made by You within 7 days from the date of the written confirmation. For the Cancellation and Covid 19 Cancellation policy to apply, You must make payments within the schedule as set out here.
5.4.
Should the Balance not be paid by You pursuant to clause 5.3 above, the Agency reserves the right to terminate the Contract by notice in writing and without further liability to You. This will be deemed as a Cancellation by You and as such the usual Cancellation terms will apply. Refer to section 9.
5.5.
For details of how to pay, You are referred to the section of the Booking Form titled “Paying for your Booking”.
5.6.
The Agency acts as an agent of the Owner and all monies paid by You shall be held by the Agency on trust for the Owner.
5.7.
All payments shall be made by You in Pounds Sterling and neither the Agency nor the Owner shall be responsible for any currency conversion costs You may incur.
5.8.
Pricing by The Owner is regularly reviewed. The Owner and The Agency, reserve the right to increase or discount prices as required to optimize bookings. If a promotion or offer is advertised after the date that you have confirmed your booking then the price payable by You is as shown on your Booking Confirmation. You will not be able to take advantage of offers placed on similar dates, after your booking has been confirmed for your specific date. Occasionally rates will increase between the time you are quoted or given availability and making the Booking by paying the Booking Deposit. It is completely at the Owner’s discretion to honour any quoted rate and may depend on time lapsed between Enquiry and
paying the Booking Deposit.
5.9.
A Booking Fee will be payable by You on acceptance of the booking by the Owner. The Booking Fee is non-refundable.
6. Cautionary Deposit and Indemnity
6.1.
A Cautionary Deposit is payable by You and should be paid no later than three months before the Rental Date. Such payment must be made by You within 7 days from the date of the written request from The Agency. Should the Balance not be paid by You the Agency reserves the right to terminate the Contract by notice in writing and without further liability to You.
6.2.
The amount of the Cautionary Deposit to be paid by You is set by the Owner and is shown in the Key Facts on the Agency’s Website and also within the Booking Form.
6.3.
The Agent and/or Owner is entitled to use the Cautionary Deposit in the following circumstances:
6.3.1.
Should You or any member of your party damage the Property, or any equipment or fittings at the Property, or leave it in a condition where additional cleaning is required;
Should You or any member of your party be in breach of any of these Conditions;
Should the Owner be required to remedy any damage caused to the Property during the Rental Period;
To charge for additional guests which have not been approved by either the Agency or the Owner. Such charge will be made at the rate in force by the Owner at the time of the Rental Period; or
To deduct such charges and make such payments to the Owner or third party contractors (with notice of such payment being provided to you in writing first) should the evidence provided by the Owner of the damage or other issue at the Property, which has been caused by You, result in the Owner having to take reasonable action to correct such damage or other matter.
6.3.2.
6.3.3.
6.3.4.
6.3.5.
6.4.
The Agency will contact you within 7 Business Days after the Rental Date to advise you whether the full amount of the Cautionary Deposit will be refunded to you or whether the Owner intends to make a claim for any damage against the Cautionary Deposit.
6.5.
Should a claim be made by the Owner against the Cautionary Deposit, details of such claim will be provided to You within 14 days of the expiry of the Rental Period. Any disputes or queries with respect to the claim must be received from You within 14 days of the claim notification from the Agency.
6.6.
Should the Cautionary Deposit provide an insufficient remedy, the Owner shall have the right to recover any sum from You so as to make up any shortfall.
6.7.
In the event that You or any member of your party causes severe damage to the Property which results in the Owner having to cancel subsequent bookings and/or pay compensation to any person due to the Property being left in an uninhabitable state by You, or which reduces the services offered to subsequent guests, You shall indemnify the Owner in full for any loss incurred by them which the Cautionary Deposit does not cover.
7. Duration and Term of Rental
7.1.
The letting will commence on the Rental Date and continue for the duration of the Rental Period and shall terminate on the last day of the Rental Period in accordance with this clause 7.1 and 7.2 below and the Written Confirmation of Rental.
7.2.
Check in and check out times for the properties advertised on the Agency’s Website shall vary, depending on the Rental period you have chosen.
7.3.
You are referred to the Agency’s Website and the Key Facts for the Property for confirmation of check in and check out times.
8. Your Obligations with respect to the Property and its use
8.1.
You confirm that the information you have provided to the Agency is true, accurate, current and complete information in all respects. Should any information provided change, you should notify the Agency immediately. Neither the Agency nor the Owner shall be liable if any incorrect information provided by You results in the Agency or Owner being entitled to terminate the Contract.
8.2.
You promise to the Owner and Agency that the nature of your stay is the same as described in the Booking Form. Should it vary, the Owner shall have the right to terminate the Contract with you immediately in accordance with clauses 9 and 10.
8.3.
You agree to:
8.3.1.
Not cause any damage to the Property, including all furniture and fixtures and fittings;
Keep the Property and all furniture, fixtures and fittings in the same state as repair as to which you found them at the commencement of the Rental Period.
Leave the Property in the same state of cleanliness as that in which You found it at the commencement of the Rental Period;
Keep all furniture as you found it, so as to not remove it from the place that it was originally placed or place it back to its original place prior to the end of the Rental Period. You will be liable for any damage caused by You in this respect;