1. Parties
1.1 This Agreement is between the hirer named on the booking form (the Hirer) and the owners named on the booking form (the Owners) for the hire of 8 Rope Walk, Rye, East Sussex (the Property) for the period set out in the booking form (the Hire Period) for the rate set out in the booking form (the Hire Charge).
1.2 The Hirer must be over 21 years of age and is personally responsible for all guests who stay at the Property during the Hire Period complying with these terms and conditions.
2. Reservations
2.1 Once the Owners confirms to the Hirer that the Property is reserved for the Hire Period, the Property will be reserved for the Hirer for a period of 7 days pending receipt of payment of the Deposit or payment in full in accordance with the following conditions.
2.2 If the Owners do not receive payment of the Deposit or payment in full in accordance with the following conditions within 7 days of the Property being reserved by the Hirer for the Hire Period, the reservation will lapse and the Owners will again offer the Property for Hire for the Hire Period.
3. Payment
3.1 If the booking is made more than 8 weeks in advance of the first day of the Hire Period a deposit of 30% of the Hire Charge (the Hire Deposit) is payable by the Hirer to the Owners.
3.2 If the booking is made less than 8 weeks in advance of the first day of the Hire Period the full amount of the Hire Charge is payable by the Hirer to the Owners.
3.3 If a Hire Deposit has been paid by the Hirer to the Owners the full amount of the Hire Charge less the Hire Deposit (the Balance Hire Charge) is payable 8 weeks in advance of the first date of the Hire Period (the Due Date).
3.4 Payments in accordance with these terms are to be made by cheque in accordance with the instructions set out in the booking form. Payments from overseas can be made by bank transfer by arrangement with the Owners for which service there may be small a fee payable by the Hirer.
4. Refundable Deposit
4.1 On the Due Date the Hirer must also pay to the Owners a refundable deposit of £100 (The Refundable Deposit).
4.2 If at the end of the Hire Period the Owner makes a charge or charges in accordance with conditions 10 and 11 of these terms and conditions the Owners will deduct the charge or charges from the Refundable Deposit. If the Refundable Deposit exceeds the charge or charges, the Owners will refund the balance of the Refundable Deposit to the Hirer within 28 days of the end of the Hire Period.
4.3 If at the end of the Hire Period the Owner does not make a charge in accordance with condition 10 and 11 of these terms and conditions, the Owners will refund the Refundable Deposit to the Hirer within 28 days of the end of the Hire Period.
4.4 If the charge or charges made in accordance with condition 10 and 11 of these terms and conditions exceed(s) the Refundable Deposit, the Owners will demand payment from the Hirer of the amount by which the charge or charges exceed(s) the Refundable Deposit by sending an invoice to the Hirer which will be payable immediately.
5. Cancellation by the Hirer
5.1 The Hirer may cancel the hire of the Property for the Hire Period in writing to the Owners. If the Hirer cancels hire of the Property the following terms will apply:-
5.1.1 If the cancellation takes place 24 weeks in advance of the first day of the Hire Period the Owners will refund to Hirer the Hire Deposit, and the Balance Hire Charge if it has been paid by the Hirer, less an administration charge of £50.
5.1.2 If the cancellation takes place between 24 weeks and 8 weeks in advance of the first day of the Hire Period the Owners will refund to Hirer the Hire Deposit, and the Balance Hire Charge if it has been paid by the Hirer, less an administration charge of £100.
5.1.3 If the cancellation takes place between 8 weeks and 4 weeks in advance of the first day of the Hire Period and the Hirer has paid to the Owner the Hire Deposit and the Balance Hire Charge, the Owners will refund to Hirer 50% of the Hire Charge.
5.1.4 If the cancellation takes place between 8 weeks and 4 weeks in advance of the first day of the Hire Period and the Hirer has paid the Hire Deposit but has not paid the Balance Hire Charge, the Hirer will be liable to pay the difference between the Hire Deposit and 50% of the Hire Charge.
5.1.5 If the cancellation takes place less than 4 weeks in advance of the first day of the Hire Period the Hirer is liable to pay the full amount of the Hire Charge.
6. Cancellation by the Owners
6.1 If the Hirer pays the Hire Deposit and then fails to pay the Balance Hire Charge by the Due Date, the Owners reserve the right to cancel the hire of the Property. If the Owners cancel the hire of the Property in accordance with this condition the Hire Deposit will not be refunded to the Hirer.
7. The Owners reserve the right to cancel the hire of the Property for the Hire Period for whatever reason by giving to the Hirer 4 weeks notice in writing. If the Owners cancel the hire of the Property in accordance with this condition any Deposit and Balance Hire Charge paid will be refunded to the Hirer. If the hire of the Property is cancelled in accordance with this condition the liability of the Owners to the Hirer is limited to the return of any Hire Deposit and Balance Hire Charge paid by the Hirer.
8. If the Property becomes unavailable for hire to the Hirer for the Hire Period for any reason whatsoever the liability of the Owners to the Hirer is limited to the amount of the Hire Charge for the Property for the Hire Period.
9. Occupation of the Property
9.1 The Hire Period commences at 4pm on the first day of the Hire Period and terminates at 10am on the last day of the Hire Period.
9.2 The hire of the Property is for holiday purposes only and it dies not confer on the Hirer any right to enjoyment of the Property other than for holiday accommodation during the Hire Period. The Owners retain the right to access to and possession of the Property at all times.
9.3 The Hirer will be liable to the Owners for any costs, expenses or losses incurred by the Owners as a result of the Hirer not leaving the property by 10am on the last day of the Hire Period including an additional hire charge at a rate to be set by the Owners in their sole discretion.
9.4 The Hirer agrees to permit the Owners (or the Owners’ representatives) access to the Property at all times during the Hire Period.
9.5 The Hirer agrees not to part with possession of the Property during the Hire Period or allow any person access to the Property save for those named in the booking form as being members of the Hirer’s party.
9.6 The Hirer agrees that no more than 6 guests, each of whom is identified in the booking form as being members of the Hirer’s party, will be allowed to stay overnight at the Property during the Hire Period without the prior consent of the Owners.
10. Inventory
10.1 An inventory of all items at the property and descriptions thereof is provided to the Hirer at the time of booking (the Inventory). On arrival at the Property The Hirer must check the Inventory against the items at the property and inform the Owners of any discrepancies between the items at the Property and the Inventory. The Hirer and the Owners agree that Inventory, and any discrepancies to the Inventory agreed by the Hirer and the Owners, represents the description of the items at the Property and their condition at the start of the Hire Period.
10.2 The Owner reserves the right, at its sole discretion to charge the Hirer for the cost of replacement of any items that are listed on the inventory at the start of the Hire Period that are not at the Property at the end of the Hire Period.
11. Property Condition and Cleanliness
11.1 The Hirer agrees
11.1.1 to keep the Property clean and tidy and to leave it at the end of the Hire Period in the same state of cleanliness and repair that it was in at the start of the Hire Period. Cleaning services are not provided during the Hire Period;
11.1.2 to take good care of the Property and its furniture, fixtures and fittings and maintain them in the same condition as at the start of the Hire Period;
11.1.3 to report any damage or breakage immediately to the Owners;
11.1.4 to put rubbish in bin liners in the metal dustbin provided in the lane to the rear of the property;
11.1.5 to pay the Owners the cost of repair or replacement occasioned by any breakages of any items at the Property, or damage to furniture, fixtures, fittings, the Property itself or the adjacent properties, during the Hire Period;
11.1.6 to keep the Garden clean and tidy and in particular to tidy up any cigarette ends.
11.2 If the Hirer is in breach of this condition, the Owner reserves the right, at its sole discretion, to charge the Hirer for the cost of cleaning the Property and the Garden, and the repair of any damage to furniture, fixtures, fittings, the Property itself or the adjacent properties.
12. Safety and Security
12.1 The Hirer agrees
12.1.1 to read all instruction booklets for all appliances at the Property before using them to and comply with the safety guidelines therein;
12.1.2 to use all items at the Property in a safe and appropriate way;
12.1.3 not to tamper with the electrical, gas, water or sewage services, pipes or equipment;
12.1.4 to keep all doors and windows locked when away from the Property during the Hire Period. External doors must be double-locked using the barrel locks, yale lock and deadlocks where provided;
12.1.5 not to use the Property for any activities which may be a nuisance or annoyance to the occupiers of any neighbouring houses or the Owners;
12.1.6 not to cause any annoyance or become a nuisance to occupants of neighbouring properties;
12.1.7 not to make any noise at the Property which is audible from outside of the Property it between 11pm and 8 am;
13. Pets
13.1 A dog is allowed to stay at the Property by prior arrangement with the Owners. The dog is only allowed in the ground floor of the Property and the garden. The dog is not allowed in the upstairs of the Property. No other pets are allowed to stay at the Property.
14. Liability
14.1 The owners hold Public Liability insurance for the sum of £[ ]million. The owners do not accept liability to the Hirer for any damage, loss or expense which is not covered under this Public Liability insurance.
15. Smoking
15.1 Smoking is not allowed inside the Property. Smoking is allowed in the garden but the Hirer must clean up all cigarette ends. If the Hirers are obliged to clean up cigarette ends at the end of the Hire Period an appropriate charge will be deducted from the Hire Deposit.
16. Complaints
16.1 If the Hirer wishes to make a complaint they should do so immediately to the Owner or the Owner’s representative so that remedial action can be taken. The Owner will not be able to respond to complaints that are made after the Hire Period has ended.
17. Breach of these Conditions
17.1 The Owners reserves the right to terminate the Hire of the Period with immediate effect and without refund of any of the Hire Charge, if the Hirer is in breach of any of these conditions. This is without prejudice to any of the other rights and remedies available to the Owner.
18. Governing Law
18.1 This agreement shall be interpreted and governed by English law and jurisdiction.