In these terms and conditions (“these conditions”):
“booking enquiry” means a verbal or written offer by you to hire a property for a particular period;
“booking fee” means the price payable for the use of a property for the relevant period as advertised on our website or as otherwise agreed;
“booking period” means the period for which you have booked and are entitled, subject to these conditions to occupy the property which you have booked;
“Company” means Planmajor Limited of Longrigg Farm, Eskdale Green, Cumbria CA19 1TW;
“contract” means the contract between us and you concluded by our written acceptance of your booking enquiry;
“deposit” means an amount equivalent *% of the booking fee payable by you;
“party” means the persons occupying a property for a booking period as notified by you and agreed by us;
“property” means a property which we own or otherwise have available for use as self-catering- holiday accommodation;
“security deposit” means a security deposit payable to us in accordance with Condition *;
“us”, “our” and “we” means the Company and includes the Company’s directors, employees and agents;
“you” and “your” means a person who has or is in the process of entering into a contract with the Company for use of a property as self-catering accommodation;
Writing includes e-mail.
2: Conclusion of a Contract
2.1: A contract is concluded when the Company confirms acceptance in writing of your duly completed booking enquiry and we have received payment from you of the relevant deposit or, as appropriate (see Condition 3 below) the full booking fee and if required a security deposit.
2.2: Your contract will entitle you to a licence to occupy the relevant property for the agreed booking period for use by you and your party only as self-catering accommodation and upon these terms and conditions. A contract does not create an assured tenancy or assured shorthold tenancy (as defined in the Housing Act 1988 as amended).
3.1: If we receive your booking enquiry less than six (6) weeks prior to the start of your booking period you will be required to pay us the full booking fee and, if required, a security deposit.
3.2: If we receive your booking enquiry more than six weeks prior to the start of your booking period you will be required to pay a deposit and the balance of the booking fee must be paid by you and received by us, without any further demand from us, not later than the date six weeks prior to the start of your booking period together with,if required, a security deposit.
3.3: If we do not receive the balance of the booking fee by the relevant date we reserve the right to cancel your contract and to forfeit your deposit.
4: Numbers in Party, Pets and Smoking.
4.1: Pet animals and smoking are strictly forbidden in any property.
4.2: A property must not be used by more than the number of persons agreed with us in your contract.
4.3: If you (i) bring or have a pet with you to (or allow a pet into) a property, or (ii) smoke or allow smoking in a property, or (iii) allow a property to be occupied by more than the number of persons agreed in your contract, we may require you (and all of your party) to vacate the property with immediate effect/immediately in which event: (a) your right to occupy the property (and to make use of related facilities) shall terminate immediately, (b) you will not be entitled to any refund or other compensation, and (c) you will pay us, on demand, for any consequential costs which we in our absolute discretion may incur or reasonably believe we may incur (including cleaning and fumigation costs).
5: Use of Property
5.1: During the booking period you will use the property solely as self-catering accommodation for your party and in so doing you will not (i) do anything which may damage the property or any of its contents, (ii) make any undue noise or commit any other nuisance, or (iii) do or permit anything unlawful (including any breach of the peace).
5.2: You will use the equipment, furniture and linen in the property only for the purposes intended and where appropriate only in accordance with manufacturer’s instructions.
5.3: You will leave the property and equipment in the property at the end of your booking period in a clean and tidy condition.
5.4: On the date on which your booking period ends, unless otherwise previously agreed with us, you will vacate the property and deliver to us all keys for the property, by not later than 10.00 a.m. Failure to comply with this condition may prevent the property being made ready in time for other users and in this situation we reserve the right to re-claim from you, and you will pay to us immediately on demand, any costs and expenses which we incur.
5.5: If any breakages or damage occur or are caused to a property or any furniture or equipment in or the décor or decoration of a property or any linen, mattress or upholstery is soiled or damaged in any manner, you must notify us as soon as possible and as far as is reasonably possible prior to vacating the property at the end of your booking period. You will reimburse us on demand for the cost of repairing any damage or any redecoration we consider necessary or, if applicable and as determined solely by us, replacing damaged furniture or equipment and soiled or damaged linen, mattress or upholstery, or if appropriate cleaning thereof..
5.6: If, during your hire period, you fail to comply with the provisions of condition 5.1 above or we are concerned as to the extent of any damage or breakages or the soiling of any linen, mattress or upholstery, we may terminate your licence/right to occupy the property and you will immediately vacate the property and will not be entitled to any refund of your booking fee or any other form of compensation.
5.7: You will park vehicles in the spaces allocated and will not park more than the agreed number of vehicles.
6: Our Rights of Access
6.1: We reserve the right to enter in and onto the property at any time during the booking period for any purpose, including undertaking property maintenance, repairs, window and other cleaning and the replacement of damaged equipment and/or furniture and also for the purpose of lawn mowing and garden maintenance; however we will in so far as possible try to undertake maintenance, repairs etc. so as to avoid so far as reasonably possible any disruption to you.
7.1: Each property has the heating plant described in the particulars. Your contract will entitle you to such heating and during such hours as is stipulated therein.
7.2: If the property the subject of your contract has a fire or stove, you will only burn thereon/therein fuel approved by us and you will use the relevant appliance with due care and attention.
8: Description of Property/Access Statement..
8.1: We use reasonable endeavours to ensure that the description of each property as it appears on our website and other promotional material is accurate and up to date but we accept no liability for minor discrepancies or alterations or for wear and tear caused in the course of ordinary business. If any material alteration is made to a property after we have concluded a contract with you in respect thereof we will notify you as soon as practicably possible.the subject of your contract.
8.2: You will be deemed to have read the access statement applicable to the property the subject of your contract and that access statement will be deemed to be incorporated in your contract.
9.1: If you have any cause for complaint about a property the matter must be raised with us as soon as reasonably practicable so as to allow us to consider and respond to your complaint.
9.2: If you do not raise any complaints which you may have during your booking period we reserve the right not to entertain or respond to your complaint.
10.1: Except as otherwise provided in these conditions we shall not be liable for any injury, sickness, loss or damage, additional expense and/or damages for any inconvenience you or anyone in your party may suffer caused directly or indirectly to person or property by or arising out of the use or condition of the relevant accommodation, its plumbing, electrics, gas supply, water supply, heating or exceptional weather conditions.
10.2: Nothing in these conditions excludes our liability for death or personal injury resulting from our gross negligence or for any fraud or fraudulent misrepresentation. 1
10.3: We shall not be liable to you if we are unable to fulfil our obligations to you under your contract with us by reason of any events beyond our reasonable control, including, without limitation, failure of any plant or equipment, utility supply, fire, flood, storm or other natural disaster, the failure or default of any contractor or supplier, or the imposition of any government regulation.
10.4: Except as otherwise provided herein, warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these conditions and any contract.
11.1: If you wish to terminate a contract you must notify us in writing as soon as possible so that we can offer the property concerned to others for the relevant booking period. If we are able to arrange a contract for the relevant property for the same booking period then:
(a) If we are unable to arrange a replacement contract we may forfeit all sums paid to us by you as compensation; and
(b) If we are able to arrange a replacement contract we may forfeit your deposit and any additional difference between the booking fee payable under your contract and the replacement contract.
11.2: If for any reason we elect to terminate your contract prior to the commencement of your booking period we may give you notice of termination either verbally or in writing. In such event we will, as soon as reasonably practicable, refund you the amounts you have paid us but will have no liability to compensate you for any consequential loss or expense you may incur.
12: Security Deposits.
12.1: If you pay us a security deposit we may deduct from the amount of the security deposit any costs or expenses we may incur by reason of any failure by you (or any of your party)to observe the terms of your contract or any damage caused to any property, furniture, linen or equipment.
12.2: If you pay us a security deposit we will return it to you less any deductions we make, not later than 14 days after your booking period ends.
13.1: If any of these conditions, or any part thereof, is held by a court of law to be invalid, illegal, or unenforceable that condition (or the relevant part thereof) shall to the extent required be deemed not to form part of these conditions and the validity and effect of the other conditions shall not be affected and the affected condition shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13.2: You shall not be entitled to assign or transfer any of your rights under your contract with us or under these conditions.
!4: Governing Law
Your contract with us and these conditions shall be governed by and construed in accordance with English law.
Liabilty for wear and tear/description/ breakdown of equipment, interruption of supply etc.