Terms & Conditions
Host: Smart Estates Ltd
Properties covered by this Agreement:
The Turrets, Bridlington YO15 2AX (sleep 14)
Sunnyvale House, Whitby YO21 3ES (sleep 14)
Parkers Hill, Filey YO14 0LR (sleep 18)
Maximum Guest Capacity: As stated above unless written consent given for more.
Tenancy Type: Explicitly a holiday let under Schedule 1, Paragraph 9 of the Housing Act 1988 – not an assured shorthold tenancy, so no security of tenure
FINANCIAL BOOKING TERMS (arrival at 16.00 unless previously arranged and vacate at 10.00 unless previously arranged)
Name of Property booked: as booking
Rental period: as booking
Rent as booking
Booking Deposit 20%
Pet fee £25 per dog
Damages Deposit 20%
Bank Details: HSBC
Account Name: Sales Marketing & Retails Trading Ltd
Sort Code: 40-31-08
Account Number: 31557041
Ref: Your Name Please
PAYMENT SCHEDULE:
Booking deposit due on signing
Balance + damages deposit due 8 weeks before start date
Refund of damages deposit within 1 week post stay, subject to inspection.
CANCELLATION POLICY
8 weeks or more before Full refund
4-8 weeks before Refund minus booking deposit
2-4 weeks before Refund of damages deposit and 25% of rent.
2 weeks before or later Refund of damages deposit
Non payment Treated as cancellation and booking deposit forfeit
Host cancellation Full refund of all monies held
- GUEST OBLIGATIONS
- Any obligation on the Guest in this Agreement not to do an act or thing includes an obligation not to permit or suffer another person to do such act or thing.
- Whenever there is more than one person comprising the Host or the Guest their obligations may be enforced against all of them jointly and against each of them individually.
- The Host and Guest do not intend that this Agreement should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
- RENT AND DEPOSIT
- The Guest must pay the Booking Deposit to the Host on the signing of this Agreement.
- The Guest must pay the balance due and the damages deposit to the Host at least 8 weeks before the Start Date shown above.
- The Host must return the security deposit to the Guest within 1 week of the end of the stay following final clean and inspection. If damage has been caused or there are other costs incurred due to the Guest/s failing to comply by their covenants in section 5, any reasonable costs will be deducted.
- CANCELLATION
- If the Guest terminates this Agreement (i.e. cancels the booking) more than 8 weeks before the Start Date the Host shall refund the full amount paid (including the deposits).
- If the Guest terminates this Agreement between 4 and 8 weeks before the Start Date the damages deposit and the rent will be refunded minus the 20% Booking Deposit
- If the Guest terminates this Agreement between 2 and 4 weeks before the Start Date the damages deposit and 25% of the rent will be refunded unless the week is successfully rebooked in which case the rent will be refunded minus the booking deposit of £
- If the Guest terminates this Agreement less than 2 weeks before the Start Date the damages deposit will be refunded but there will be no refund of the rent or booking deposit
- If the Guest has not paid the Rent by the date specified in Clause 3.2 the Guest will be deemed to have terminated the Agreement under Clause 5.1, and the Booking Deposit will not be refundable.
- If for any reason the Host needs to cancel the booking (e.g. the property becomes uninhabitable) the host will provide a full refund for any payment made for future dates on a pro rata basis.
- THE GUEST’S COVENANTS
- The Guest agrees with the Host:
- To use the Property in a reasonable and careful manner and not allow it to deteriorate and to keep the Property clean and tidy at all times.
- The Guest agrees with the Host:
- To make good or agree to pay for making good all damage caused to the Property (including the Host’s fixtures and fittings) through:
- any breach of the obligations set out in this Agreement;
- any improper use by or negligence of the Guest or any person at the Property with the Guest’s permission.
- To keep items in the property clean and in the same condition as at the commencement of the Rental Period (fair wear and tear and damage by insured risks only excepted) and to make good or replace with articles of the same sort and equal value such as may be lost broken or destroyed (or at the option of the Host to pay compensation to the Host).
- Not to block or otherwise damage the taps baths wash basins WCs cisterns or pipes within or exclusively serving the Property.
- To keep the Property heated to a reasonable level during the winter months to prevent damage to the Property or the water pipes drains tanks and other plumbing apparatus by cold weather.
- To report to the Host any damage destruction loss defect or disrepair affecting the Property as soon as it comes to the attention of the Guest.
- To place all refuse in the bins provided for the Property by the Host or any other competent authority.
- To allow the Host and/or his agent or anyone with Host’s written authority together with any workmen and necessary appliances to enter the Property at reasonable times of the day to inspect its condition and state of repair and to carry out any necessary repairs provided the Host has given reasonable notice (with regard to the work to be undertaken) beforehand and not to interfere with or obstruct any such persons.
- In cases of emergency to allow the Host or anyone with the Host’s authority to enter the Property at any time and without notice.
- To use the Property as a private holiday residence for a maximum of 14 guests (Turrets & Sunnyvale) and 18 guests (Parkers Hill) without the express written consent of the Hosts Smart Estates
- Not to do anything on the Property which may be a nuisance to or cause damage, excessive noise or annoyance to the Host or the Guests or occupiers of any adjoining property.
- Not to play any musical instrument or other device which can be heard outside the Property after 10pm or before 8am.
- Not to use the Property for any illegal or immoral purposes.
- Not to use the Property in a way which contravenes a restriction affecting the Host’s freehold (or superior leasehold) title which the Host has brought to the Guest’s attention.
- Not to cause or permit any dangerous or inflammable substance to collect in or on the Property apart from those needed for general domestic use.
- Not to display any notice or advertisement that is visible from outside the Property.
- Not to keep on the Property any animal or pet without first obtaining the Host’s written consent and subject to any conditions imposed by the Host.
- Not to smoke at the Property.
- To comply with any planning conditions affecting the Property which the Host has brought to the Guest’s attention.
- Not to assign or sublet the Property or any part of the Property and not to part with possession or share occupation of the Property or any part of it.
- Not to permit any person to occupy the Property as a lodger.
- Not to alter add to or interfere with the appearance structure exterior or interior of the Property or the arrangement of the fixtures furniture and effects belonging to the Host.
- Not to significantly move around the furniture in the rooms, or to return them to their original locations before leaving.
- At the end of the Rental Period to remove the Guest’s belongings from the Property, including any food, and leave the Property clean and tidy.
- To adhere to the protocols as outlined in the specific rules supplied regarding the use of the hot tub.
- FORFEITURE
If there has been a substantial breach of any of the Guest’s obligations in this Agreement the Host may forfeit the tenancy (i.e. bring it to an end) and recover possession of the Property. The other rights and remedies of the Host will remain in force.
6. THE HOST’S OBLIGATIONS
- The Host agrees with the Guest:
- That the Guest may quietly possess and enjoy the Property during the Rental Period without any interruption from the Host or any person claiming under or in trust for the Host.
- To provide adequate bed linen and towels at the Property.
- To provide an adequately equipped kitchen to ensure most reasonable needs are met.
- To present the property fully cleaned and tidy.
- That all amenities are fully functioning and that should there be any faults these will be rectified within a reasonable timeframe – ideally within 24 hours.
7. JURISDICTION
This Agreement shall be governed by the law of England and Wales.
No third-party rights under the Contracts(Right of Third Parties) Act 1999
8. HOT TUB PROTOCOLS
- Children under 10 should not use the hot tub for no more than 5 minutes at a time and no child should be left unsupervised near open water at any time.
- No jumping in or diving and always enter the hot tub with care.
- It is not recommended to drink alcohol in the hot tub as it has a dehydrating effect which is not good for anyone.
- Please use plastic glassware provided around the hot tub and garden area and for everyones safety please keep all glass safely inside. NB Any glass breakages in the hot tub will require the engineer to strip it down completely to remove any dangerous shards and this will mean a £400 charge.
- A shower has been provided off the kitchen and it is requested that you always shower before using the hot tub to remove any sand etc and keep it fresh for everyone.
- Fake tan and suntanning products do not react well with the sanitising chemicals used in the hot tub and so we ask you to remove them entirely with a good shower first. BE WSARNED, They are the only thing that turns the water green with an oily film on top so we will know if you have broken this rules and it will be £150 to carry out a full clean and refill.
- Please use common sense. If you have a skin condition that you think may react badly with the hot tub DO NOT use it! WE are not responsible for any reactions that you might experience.
- If you are elderly, have a serious health condition please consult your Doctor before using the hot tub.
- We want you to enjoy your hot tub experience but please be mindful of neighbours late at night and adhere to our 22.00 curfew.
- Please switch off the jets and replace the lid as you get out and switch off the hot tub at the wall the evening before you vacate the property to save energy.
- By signing this booking form you agree to adhere by these protocols.
Data Protection
You consent for us to store your contact information for the duration of booking in line with current GDPR requirements.
By clicking to confirm your booking you agree to the terms and conditions set above.