In these terms and conditions the following definitions have the following meaning:
“Accommodation” shall mean the holiday accommodation specified on the Confirmation Invoice.
“Agreement” shall mean the agreement between August12th Ltd. and the Guest for the holiday rental of the Accommodation pursuant Art. 1.
“August12th Ltd.” shall mean the company August12th Ltd. (also trading under August12thCottages), established under the Laws of England and Wales and registered under number 07418901.
“Confirmation Invoice” shall mean the confirmation from August12th Ltd. in writing to the Guest confirming the booking and payment details.
“Guest” shall mean the person(s) named in the Confirmation Invoice that will be staying in the Accommodation.
“Terms and Conditions” shall mean these General Terms and Conditions.
“Utilities” shall mean Heating Oil, Electricity, and Water.
- The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation, construction or validity of the Agreement.
- Reference to the singular includes reference to the plural and vice versa. Reference to a gender includes references to all other genders.
- Unless the context otherwise requires, reference to “in writing” shall include communications by electronic means (e-mail).
- The making of a booking (unless cancelled within 48 hours of receipt of the Confirmation Invoice) will form an agreement based on these Terms and Conditions together with the Confirmation Invoice between the Guest and August12th Ltd. for the holiday rental of the Accommodation.
- This Agreement supersedes all other agreements, oral or written, previously entered into with respect to the subject matter contained in this Agreement and the transactions, which it contemplates, and it contains the entire agreement of the Parties.
- In the event of any conflict between these Terms and Conditions and the Confirmation Invoice, the terms of the Confirmation Invoice shall prevail. In the event of a booking via an agent and any conflict between these Terms and Conditions and such agent’s booking conditions these Terms and Conditions shall prevail.
- August12th Ltd. permits the Guest to occupy the Accommodation for the holiday period shown in the Confirmation Invoice together with the use of its contents, pursuant to these Terms and Conditions.
- The Guest will be responsible for all payments and for any damage whether caused by the Guest or his or her party and shall make his or her party fully aware of these Terms and Conditions.
- The price for the Guest’s booking is confirmed on their Confirmation Invoice.
- The price includes all charges for Utilities, Internet and hire of linen and towels.
3.Booking and Payment Terms
- For bookings made 8 weeks or more in advance, the booking for a holiday will be effective when at least fifty percent (50%) of the price for the Guest’s booking has been received by August12th Ltd. on the bank account nominated on the Confirmation Invoice. Up to that time it will be a provisional booking, and provisional bookings are normally held for a maximum of 7 calendar days.
- For bookings made for a holiday less than 8 weeks away, full payment must be made at the time of booking.
- Payment of the price shall be made in Pounds Sterling.
- All payments shall be by bank transfer only. All cost of such (international) bank transfer, if any, shall be borne by the Guest.
If a Guest wishes to cancel a booking, the Guest must give August12th Ltd. notice in writing as soon as possible. A 100% cancellation charge will be payable for cancellations received 8 weeks or less prior to due commencement of guests booked stay. A 50% cancellation fee will apply for cancelation received greater than 8 weeks prior to due commencement of guests booked stay.
On receipt of the written cancellation August12th Ltd. will reasonably endeavour to re-book the Accommodation for the cancelled holiday period and, if successful for the whole or part of such period, will refund the relevant proportion of the money paid less £50.00 (fifty pounds) to cover administration cost.
5.Right to Refuse, Cancel or Alter
- August12th Ltd. may, at its sole discretion, refuse any booking.
- August12th Ltd. may cancel or alter arrangements made for the Guest whether before or during the holiday period provided that such cancellation or alteration is necessary:
(a) due to circumstances beyond the reasonable control of August12th Ltd.; or
(b) to perform or complete essential remedial or refurbishment works.
- If a booking is altered or cancelled by August12th Ltd. for the reasons stated above in Art. 5.2, it will return to the Guest the relevant proportion of the money paid by the Guest to August12th Ltd. in respect of the Accommodation but August12th Ltd. will not otherwise be liable for any loss caused by such alteration or cancellation.
6.Transfer or Change of a Booking by the Guest
A transfer of the booking from the Guest to a third party or a change from one date to another is not permitted, unless agreed in writing prior to such transfer or change.
7.Maximum Numbers of guests
- Occupation of the Accommodation must be limited to the maximum number of persons for the Accommodation stated on the Confirmation Invoice in the available beds only. A travel cot is permitted in the Accommodation, however, the Guest shall notify August12th Ltd. hereof, prior to or at the time of the booking.
- No tents, caravans or campervans are allowed. 7.3 Over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage or for excessive use of utilities caused by excess usage.
8.Liability and Loss of Guest’s Property
- Any Guest’s property found at the Accommodation will be treated as lost property. Lost property will normally be disposed of if it is not collected within 1 month, unless otherwise agreed.
- August12th Ltd. will not be liable for any loss of property or any other loss or damage caused by it or its agents or contractors:
- unless it has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party;
- where such loss or damage is not a reasonably foreseeable result of any such breach; or
- where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of, August12th Ltd.
- Two (2) well trained, well behaved dogs are permitted if such is agreed at the time of the booking, on condition that the dog(s) are not allowed upstairs, on the furniture, and especially the beds, nor left unattended in the Accommodation. At August12th Ltd’s discretion a charge of £25 per dog week may be levied.
- At August12th Ltd’s discretion additional pets may be allowed if agreed to in writing by August12th Ltd at the time of booking.
- No other pets can be accepted in the Accommodation.
10. Right of Entry
- As with any accommodation, there is a need for ongoing and occasionally unforeseen work in any Accommodation. August12th Ltd. and its contractors may enter the Accommodation at any reasonable time for reasonable cause. This includes the need to undertake inspections and audits necessary to operate the business, the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.
- August12th Ltd. will give the Guest reasonable notice of such requirements, and wherever possible aims to restrict the working hours of its contractors to between the hours of 9.00 – 18:00, unless it is an emergency.
- The Guest will be responsible for all payments and for any damage whether caused by the Guest or his or her party. The Guest agrees to make his or her party aware of these terms and conditions.
- The Guest agrees to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted).
- The Guest must allow August12th Ltd. and/or its agents to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted.
- The Guest must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to August12th Ltd. or to any neighbours.
- The Guest and his or her party must comply with any reasonable regulations relating to the Accommodation of which the Guest has written notice. Such regulations will be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal and recycling.
- Smoking is not permitted in any part of the Accommodation and the Guest and any member of his or her party agrees not to smoke inside the Accommodation.
- The use of candles or fireworks by the Guest or his or her party at the Accommodation is not permitted. Use of disposable barbeques is not permitted at any time. Use of the Accommodation’s barbeque is permitted outside.
- August12th Ltd. recommends that the Guest holds personal insurance for accidental damage and personal liability.
If on arrival at the Accommodation the Guest discovers that anything is missing or damaged then this must be reported to August12th Ltd. immediately otherwise it will be presumed that the damage/loss was caused by the Guest and a charge may be made.
- The Guest will be responsible for full payment on request of any charges, costs and/or losses incurred for any additional cleaning, breakages and/or damage caused.
August12th Ltd. cannot accept responsibility for a shortage of supply of any of the Utilities at the Accommodation where this is as a result of a drought, an act or omission of the relevant utility company or for any other reason outside of August12th Ltd.’s reasonable control.
- Every reasonable care will be taken to ensure that the Accommodation is presented to Guests to a high standard. Should the Guest find on arrival that there is a problem, or cause for complaint, the Guest should immediately contact August12th Ltd. Reasonable steps will then be taken to assist the Guest.
- August12th Ltd. is committed to ensuring that any problems or complaints the Guest may have whilst at the Accommodation are resolved efficiently and promptly, but as such must be given the opportunity to do so. Any refusal to notify August12th Ltd. or refusal of reasonable rectification may affect the Guest”s right to compensation or repayment.
- Guests must provide a contact telephone number and suitable time for August12th Ltd. to communicate with them about problems or complaints. Guests must allow access to the Accommodation by any staff or contractors of August12th Ltd. to resolve problems or complaints.
- Guests must formally confirm any unresolved complaint in writing and signed for within 28 days of return from holiday, addressed to: August12th Ltd., 61 Antrobus Road, London W45 5HZ.
15.Arrival and Departure Times
- The Guest and his or her party must arrive after the arrival time of 15:00 hrs on the first day of the holiday period, but before 18:00 hrs if a meet and greet is agreed. Departure time is 10:00 hrs on the last day. Any stay that extends over this period may be subject to a charge being made for additional days.
- The Guest will be issued with two (2) sets of keys to the Accommodation on the first day of the holiday period and the Guest must return them on the date of departure. Failure to do so will incur the cost of a replacement set(s) or lock(s).
16. Rural way of life
The Accommodation is located in small hamlet in a rural area and any action by the Guest and his or her party that interrupts or endangers the livelihood of others authorised to use the Accommodation and/or the surrounding land, will constitute a breach of the Agreement by the Guest.
17. Right to Evict
August12th Ltd. may terminate the Agreement on notice, and in such case the Guest and his or her party must leave the Accommodation, (without compensation being payable to the Guest or any member of his or her party) if:
- this is deemed necessary by August12th Ltd. where there is a serious breach by the Guest of the Agreement or the Guest’s or his or her party’s behaviour endangers the neighbours or local inhabitants; or
- any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts. Legal Venue will be in London