Terms & Conditions
This contract for short-term holiday rental shall be made between the Client, being the individual named in the Booking Form, and the Owners, Ash Barton Ltd (the “Contract”). The Contract, which will relate to the whole or the relevant parts of Ash Barton, as detailed in the completed Booking Form (the “Property”) will be entered into when the Owners have confirmed in writing both acceptance of the signed Booking Form and receipt of payment from the Client of the sum payable on signature of the Booking Form under Clause 2, and is made on the following terms and conditions:
2.1 If the booking is made more than eight weeks before the commencement of the rental period, a deposit of 33% of the total rental fee is payable on the Client submitting the completed Booking Form. The balance shall be payable no later than 8 weeks before the commencement of the rental period.
2.2 If the booking is made less than eight weeks and one day before the commencement of the rental period, full payment of the total rental fee must be made on the Client submitting the completed Booking Form.
2.3 All payments are to be made directly into the Owners’ bank account as specified on the Booking Form by the due date. Any non-payment by the due date will entitle the Owners to treat the Contract as having been terminated by the Client with immediate effect and notify the Client in writing that the Contract has been so terminated: In such circumstances, the Owners will be entitled to retain the deposit and all other sums paid by or on behalf of the Client at that date.
3.1 Any cancellation made by the Client for whatever reason shall be notified to the Owners as soon as possible by telephone to phone number 07785 386622 and by email to [email protected] and confirmed in writing by letter addressed to Simon Daukes at 63 Gunterstone Road, London, W14 9BS.
3.2 If the Client cancels the booking, the Client remains fully liable for payment of the outstanding balance of the rental fee.
3.3 On receipt of notice of cancellation, the Owners will attempt to re-let the Property for the period of the booking. If the Property is re-let for the whole or part of that period, the sum payable by the Client will be reduced to the greater of:
(a) the amount of the deposit paid (or payable) by the Client to the Owners under Clause 2.1; and
(b) the difference between the aggregate amount originally payable by the Client and the aggregate amount paid to the Owners by any other client in connection with such re-letting.
If the Owners are unable to re-let the Property for whatever reason, the full amount of the rental fee shall remain payable by the Client in the manner and by the latest dates specified in Clause 2.
3.4 In exceptional circumstances, it may become necessary for the Owners to cancel the Client’s booking. In such circumstances the Owners shall give the Client as much notice as is reasonably practicable, by telephone, email and/or letter using the contact details specified in the Booking Form.
4 PERIOD OF HIRE
Unless otherwise agreed with the Owners, rentals commence at 16:00 on the date of arrival and terminate at 10:00 on the date of departure.
5 NUMBER OF PERSONS USING THE PROPERTY
The number of persons occupying the Property must not exceed the number specified on the Booking Form (excluding any infants sleeping in a cot). The Owners reserve the right to refuse entry to the entire party and to treat the Client’s booking as having been cancelled by the Client if this condition is not observed.
6 SECURITY DEPOSIT
6.1 A security deposit must be paid by the Client directly into the Owners’ bank account, no later than eight days before the first day of the rental period, as follows:
(a) £1,000 for rental of the whole house; or
(b) a sum to be agreed with the Owners in advance for rental of the Property for a Stag, Hen or high risk/large party event (and the Client is required to state on the Booking Form if rental is for the purposes of any such event).
6.2 Any non-payment of the security deposit by the due date will entitle the Owners to refuse entry to the entire party and to treat the booking as having been cancelled by the Client.
6.3 The security deposit, which does not limit the Client’s liability for any breakages or damage, will be returned promptly to the Client as soon as post-letting inspection confirms no breakages or damage.
7 BREAKAGES OR DAMAGE
7.1 The Client must report all breakages, damage and injury to the Owners immediately, whether caused by the Client or any member of the Client’s party.
7.2 The Owners may deduct the cost of replacement, repair or cleaning from the security deposit. If and to the extent that the cost of replacement, repair or cleaning exceeds the amount of the security deposit, the excess is payable to the Owners on demand.
8 CARE OF THE PROPERTY
8.1 The Client shall take all reasonable and proper care of the Property and its furniture, pictures, fittings and effects in or on the Property and leave them in the same state of repair and in the same reasonable clean and tidy condition at the end of the rental period as at the beginning.
8.2 The Client is required to follow any instructions relating to the use of the swimming pool and any electrical equipment, sports equipment or games at the Property and any other reasonable rules the Owners may specify in relation to the occupation and use of the Property.
8.3 The Client shall not and shall ensure that no member of the Client’s party shall enter any part or parts of Ash Barton (other than common areas or the grounds) which are not included within the Property which the booking relates to.
9.1 Strictly no pets indoors and only in the stables with prior agreement.
10.1 Smoking is strictly prohibited inside any buildings at Ash Barton.
11.1 Subject to Clauses 11.2 and 11.3, the Owners’ maximum aggregate liability under or in connection with this Contract shall not exceed the payments made by the Client under Clause 2.
11.2 Nothing in this Contract shall exclude or in any way limit the Owners’ liability for fraud, or for death or personal injury caused by negligence of the Owners or the Owners’ agents, or any other liability to the extent that the same may not be excluded or limited as a matter of law.
11.3 Subject to Clause 11.2, the Owners shall not be liable under this Contract for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
11.4 This Contract sets out the full extent of the Owners’ obligations and liabilities in respect of the rental of the Property and there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Owners except as specifically stated in this Contract.
12 RIGHTS OF ENTRY
The Owners are entitled, either themselves or by their employees, agents or subcontractors to a right of entry to the Property at all reasonable times for purposes of inspection and to carry out repairs and maintenance.
13 FORCE MAJEURE
13.1 The Owners shall not be liable for the consequences of any act, event, omission or accident beyond the Owners’ reasonable control (for example, but not limited to, a power failure, fire or flood affecting the Property) (a “Force Majeure Event”).
13.2 If the Owners consider that a Force Majeure Event may have a material impact on the Client’s use and enjoyment of the Property during the rental period, the Owners shall notify the Client in writing as soon as reasonably practicable.
14.1 The Client may not assign, sub-license or sub-contract this Contract or any of his rights or obligations without the prior written consent of the Owners.
14.2 The Owners may assign their rights and obligations this Contract in whole or in part, upon written notice to the Client, to any other person in connection with the transfer of their rights in the Property to that person by the Owners.
14.3 Subject to Clause 14.2 above, no person other than a party to this Contract has any right to enforce any term of this Contract.
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