Legal

STAY IN SPITALFIELDS : AGREEMENT FOR HOLIDAY LET

1. Terms and expressions

Where they appear in this agreement the terms and expressions set out below shall have the meaning set out opposite them:-

“Authorised Users”: means no more than four (4) people including You.
“Booking Confirmation”: means an email or other form of communication sent by Me to You to acknowledge the initial booking request form sent by You advising You of availability and specifying the payments to be made.
“Charge”: the cost of the whole Stay as confirmed in the Booking Confirmation
“Conditions”: means the conditions, restrictions and descriptions set out in this Agreement, My brochure, any correspondence relating to the Premises and the Website relating to the Premises
“Deposit”: means 10% of the Charge to be paid in full within 4 days of the date of the Booking Confirmation. If the Deposit is not paid in that time the booking will be treated as cancelled and the dates will be made available to others.
“I” “My”: means FIONA SABINA ATKINS of 5, Fournier Street, London E1 6QE
“Premises”: means the first, second and third floors flat known as 5a Fournier Street, Spitalfields, London
“Stay”: means the period specified in the Booking Confirmation
“Use”: means use for holiday purposes only
“You” “Your”: means the person in whose name the booking is made and who or on behalf of whom payments are made

2. Agreement

2.1    Payment of the Charge confirms My agreement to let and Your agreement to take the Premises for the Use during the Stay
2.2    You agree to the Conditions, confirm that You are authorised to make the booking and that all Authorised Users agree that the booking will be governed by these Terms and Conditions. You are responsible for making all payments due to Me
2.3    You acknowledge this is not an Assured Shorthold Tenancy under the Housing Act 1988 and that I am entitled to recover possession of the Premises at the end of the Stay

3. Making Your booking

You, as the person in charge of the Authorised Users must be at least 18 years old at the time of the booking. All other members of Your party must authorise You to make the booking on the basis of the Terms and Conditions.

4. Payment

4.1    When You book, You must pay the Deposit within 4 days of the date of the Booking Confirmation. If payment of the Deposit is not made within that time the booking is cancelled and the dates will be released to other interested holidaymakers.
4.2    The balance of the Charge must be paid within 42 days of the start of Your Stay or at the same time as the Deposit if the start date is less than 42 days away. If full payment is not made within that time the booking is cancelled and the dates will be released to other interested holidaymakers and the deposit retained.
4.3    Payments must be in pounds sterling and be made by debit or credit card or bank transfer.

5. Pricing

5.1    All prices quoted or otherwise given to You include all charges and any UK taxes or government charges which may apply to Your booking at the time it is made. All prices are for the Premises and are not on a per person basis.
5.2 The Charge is fixed when the Deposit is paid. Until that point I reserve the right to review the prices quoted.

6. Brochure or Website details

6.1    I make reasonable efforts to make sure that information I give You about the Premises, its facilities or services, as well as advertised travel and other services, is accurate and complete on the date given. I cannot accept responsibility for any inaccurate, incomplete or misleading information about the Premises or its facilities and services, unless this was caused by my negligence.
6.2    The contents of my website and any photographs are subject to copyright

7. If You change or cancel Your booking

7.1 Full Cancellations

If You have to, or want to, cancel Your booking, You must phone Me on the number shown on the Booking Confirmation as soon as possible. Your booking is treated as cancelled on the day I receive Your notice.

Cancellation charges

Number of days before Stay start date You give notice to cancel Cancellation charge
More than 42 days Full refund
29 to 42 days 50% of the Charge
15 to 28 days 75% of the Charge
14 days or less the Charge

7.2 Cutting short Your stay

No refund is payable if Your Stay is cut short for any reason

7.3 Part cancellations

No refund is payable if all or any member of Your party needs to cancel.

7.4 Cancellation by Me

I do not expect to have to make any changes to Your booking. However, sometimes problems happen, bookings have to be changed or cancelled or mistakes in brochures or other details corrected. I have the right to do this. If I do I will contact You (by phone if reasonably possible in the case of a significant change or cancellation – I will let You know about minor changes by post) as soon as is reasonably practical. I will explain what has happened and let You know about the cancellation or change.

8. Events beyond My control

I will not be legally responsible for any compensation for any losses, damage or inconvenience suffered as a result of events beyond My control. This means an event I could not, even with all due care, expect or avoid, including but not limited to

  • strike
  • lock-out or labour dispute
  • natural disaster
  • acts of terrorism, war, riot or civil commotion
  • malicious damage
  • keeping to any law or governmental order, rule, regulation or direction
  • accident
  • disruption or annoyance caused by third parties
  • fire, flood, snow or storm
  • difficulty or increased cost in getting workers, goods or transport; and other circumstances affecting the supply of goods or services including disruption to wifi connections.

9. My responsibility to You

9.1 I will:-

  • Permit You to enjoy the Premises during the Stay without interruption by Me
  • Keep in good condition the exterior and structure of the building of which the Premises form part other than damage caused by You or Your Party
  • Keep the access to the Premises clean, tidy and properly lighted
  • Pay the water, gas, electricity and other utility charges

9.2 To the extent permitted by law I will not be responsible for the following:-

  • Noise or disturbance which comes from beyond the boundaries of the Premises or which is beyond My control.
  • The breakdown of mechanical equipment and machinery such as pumps and boilers
  • The failure of public utilities such as water, gas and electricity.
  • Loss of Your or Your Parties and guests possessions or property other than resulting from negligent or reckless acts or omissions by Me or people under My control
  • Injuries suffered by You, Your Parties and guests other than resulting from negligent or reckless acts or omissions by Me or people under My control
  • Finding any alternative accommodation for You under any circumstances

10. Your Responsibilities to Me

The following conditions apply to You and Your party at all times You are in the Premises:-

  • Keep the Premises clean and tidy and leave it in a similar condition as it was at the start of the Stay.
  • Not bring any dangerous or illegal substances onto the Premises.
  • Not use lighted candles, naked flames or night lights on the Premises or access
  • Not smoke on the Premises or the access to them
  • Not behave in a way at any time while in the Premises which breaks any law or causes a nuisance to others.
  • Not to use the Premises for any illegal or commercial purpose
  • Not allow anyone to stay in the Premises other than the Authorised Users .
  • Pay for the actual costs of any breakage or damage in or to the Premises – along with any extra costs that may result – which are caused by You or any members of Your party save for fair wear and tear.
  • Not allow more than 4 people to visit You in the Premises and not allow any visitors other than the Authorised Users to stay overnight.
  • Not allow anyone under the age of 12 years to stay in the Property
  • Not allow any pets or other animals onto the Premises or access ways to it
  • Not go onto the roof of the Premises except in an emergency

11. Arrival and Departure

11.1 Arrival

On arrival you must produce proof of your identity and address in the form of a passport, driving licence or national ID for you and each member of Your Party. You must also produce a valid credit card in Your name. Copies will be taken and held securely encrypted until departure
You can arrive at the Premises at any time after 3pm (unless I tell You otherwise, for example on Your confirmation) on the start date of Your Stay. If Your arrival will be delayed beyond 8pm on the start date You must contact Me. If You fail to do so, You may not be able to get into the Premises. If You fail to arrive by 12 noon on the day after the start date of Your Stay and You do not let Me know You are arriving late, I may treat Your booking as having been cancelled by You. In this situation, I will not refund any money You have paid.

11.2 Departure

You must leave by 10am on the last day of Your Stay.

12. Access

I do not expect to have to disturb your use and enjoyment of the premises at any time during Your Stay but sometimes it will be necessary for maintenance, to resolve problems or in emergencies. If it does become necessary You agree to allow Me or My representatives (including workmen) access to the Premises at any reasonable time during Your Stay. You will get as much notice as possible (except in an emergency or if a problem needs sorting out quickly and You cannot be contacted in time. In these situations I can enter the Premises at any time without giving You notice).

13. Complaints

I hope that You will not need to complain but if You do I will resolve Your complaint as soon as possible. Please contact Me immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless I am told promptly. Any complaints must be raised during Your stay at the Premises. Complaints raised after Your Stay will not be acted upon.

14. Governing law

This Agreement is governed by English law and You agree that any dispute will be dealt with by the courts of England and Wales.

15. Confidentiality

Any personal information will be stored in a secure environment and only used in connection with your Stay, to deal with enquiries or complaints made by you, to send you My marketing material or information You request. Your personal details will not be given without your consent to any third party for any reason unless required by law.

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© Copyright 2012 F Atkins.
With thanks to Adam Dant for the sketches and Jeremy Freedman for the photos.