Definitions and interpretation In these Conditions:
‘Booking’ means the Owner’s written confirmation of the booking confirming the name of the Guest, the Property, the Period of the Letting, the Deposit, the Fee, the Purpose of the Letting and any Special Conditions.
‘Deposit’ means such deposit as may be specified in the Booking.
‘Fee’ means such fee as may be specified in the Booking.
‘Guest’ means any person(s) who place a booking for use of the Property as specified in the Booking.
‘The Owner’ means Reservoir View (Cheddar) Limited (Co. Regn. No. 14306466) whose registered office is at 3 Landmark House, Wirrall Park Road, Glastonbury, Somerset, BA6 9FR.
‘Period of the Letting’ means such date(s) and times as may be specified in the Booking
‘Property’ means the property referred to in the Booking, and as described on the Website.
‘Purpose of the Letting’ means such purpose as may be specified in the Booking.
‘Security Deposit’ means such security deposit as may be specified in writing by the Owner from time to time.
‘Special Conditions’ means such terms and conditions that may be specified in the Booking, agreed in writing between the Owner and the Guest from time to time, and such rules and regulations that the Owner may publish from time to time.
‘Standard Conditions’ means these terms and conditions and any variation of them. ‘Website’ means www.thewoodlandsestate.co.uk/
Words importing one gender shall be construed as importing any other gender.
Words importing the singular shall be construed as importing the plural and vice versa. References to persons include bodies corporate.
Any undertaking by the Guest not to do an act or thing shall be deemed to include an obligation to use reasonable endeavours not to permit or suffer such an act or thing to be done by another person.
References to the Property save where the context otherwise requires include the ancillary areas that the Guest is permitted to use pursuant to condition 5.
The headings do not form part of these Conditions and shall not be taken into account in their construction or interpretation.
Any reference to a specific statute includes any statutory extension or modification, amendment or re-enactment of that statute and any regulations or orders made under it and any general reference to a statute includes any regulations or orders made under that statute.
Letting In consideration of the Fee paid by the Guest, the Owner agrees, subject to the Standard Conditions and Special Conditions, to permit the Guest (and no other person(s)) to use the Property for the Purpose of the Letting during the Period of the Letting.
Payments
Within 3 working days of confirmation of the Booking the Guest must pay a deposit of 25% of the Fee payable.
No less than 60 days before commencement of the Period of the Letting, the Guest shall pay:
the balance of the Fee (i.e. the Fee less the Deposit); and
the Security Deposit.
Failure to make any of the payments in this clause 3 when they are due shall be deemed as notice of cancellation in accordance with clause 21.1.
Security Deposit
Provided that there has been no breach of this Agreement by the Guest, the Security Deposit shall be repaid to the Guest within 3 working days of the end of the Period of the Letting.
The Owner reserved the right to deduct from the Security Deposit the cost of remedying any breach by the Guest of the terms of this Agreement.
Obligations of the Guest The Guest will observe and perform the Standard Conditions and the Special Conditions.
Corporate Guest If the Guest is a corporate body the Guest must before the commencement of the Period of the Letting notify the Owner in writing the name, address and telephone number of an individual who will be personally responsible to the Owner for the obligations of the Guest under the Agreement jointly and severally with the Guest.
User
No part of the Property is to be used for any purpose other than the Purpose of the Letting.
No part of the Property is to be used for any unlawful purpose or in any unlawful way.
No animal is to be brought into the Property or allowed to enter the Property without the consent of The Owner.
Damage to property The Guest is to take good care of and not cause any damage to be done to the Property or to any fittings, equipment or other property in the Property and the Guest is to make good and pay for any such damage caused by any act or neglect of the Guest or anyone for whom the Guest is responsible or anyone permitted by the Guest to enter the Property.
Restrictions The Guest shall observe the following restrictions:
No lighting, heating, power or other electrical fittings or appliances in the Property are to be altered, moved or in any way interfered with.
No additional lighting, heating, power or other electrical fittings or appliances are to be installed or used without the prior consent of The Owner.
No smoking or vaping is not to be permitted in the Property.
No excessive alcohol shall be consumed in the Property.
No excessive noise or disturbance shall be permitted in the Property.
No pets shall be permitted in the Property.
No bolts, nails, tacks, screws, bits, pins or other like objects are to be driven into any part of the Property nor is any adhesive substance to be attached to it.
No placards or other articles are to be fixed to any part of the Property.
No cotton wool or highly inflammable material is to be used for decoration or other purposes.
No posters, boards, signs, flags or other emblems or advertisements are to be displayed inside or outside any part of the Property.
No candles in the Property.
No open fires on the Property.
Supervision During the Period of the Letting the Guest is to be responsible for the supervision of the Property including:
the effective control of children;
the orderly and safe admission and departure of persons to and from the Property;
the orderly and safe vacation of the Property in case of emergency;
the safety of the Property; and
the preservation of good order and decency in the Property.
Statutory requirements
The Guest must not do or permit any act, matter or thing which would or might constitute a breach of any statutory requirement affecting the Property or which would or might vitiate in whole or in part any insurance effected in respect of the Property.
The BBQ and all BBQ equipment must to be cleaned thoroughly after use, or a cleaning fee will be taken from the Security Deposit.
Showers must be taken before using the hot tub.
The Guest must comply with all conditions and regulations made in respect of the Property in respect of fire safety.
Expiration of Period of Letting At the expiration of the Period of the Letting the Guest is to leave the Property in a clean and orderly state free of litter, and in the same state of condition and repair that it was in upon commencement of the Period of the Letting.
Agreement personal to Guest The benefit of the Agreement is personal to the Guest and not assignable or capable of being sub-hired.
Injury to persons and loss of property
The Owner will not be liable for the death of or injury to any person attending the Property, or for any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Guest in the exercise of the rights granted by the Agreement, except where such death, injury or loss is due to the negligence of The Owner.
The Owner will not under any circumstances accept responsibility or liability in respect of any damage to or loss of any goods, articles or property of any kind brought into or left at the Property either by the Guest for his own purposes or by any other person, or left or deposited with any officer or employee of The Owner.
The Guest will indemnify The Owner against all such liabilities as are mentioned in this Condition.
Further exclusions of liability
The Owner will not be liable for any loss due to any breakdown of machinery, failure of supply of electricity, leakage of water, fire, government restriction or act of God which may cause the Property to be temporarily closed or the Letting to be interrupted or cancelled.
The Owner gives no warranty that the Property is legally or physically fit for any specific purpose.
Right of entry The Owner reserves the right for duly authorised members or officers or employees of the Owner to enter the Property at any time and for any purpose.
Cancellation by Guest
If the Guest wishes to cancel the Letting in whole or in part the Guest must give to the Owner notice to that effect.
If such notice is given not later than 60 days prior to the Period of the Letting, and if the Owner is able to effect an alternative Letting, then the Owner will refund any payments made less an administration charge equivalent to 25% of the Fee
In all other cases, including where the Owner is unable to effect an alternative Letting, the Owner shall be entitled to retain the Fee, or demand the same where it has not been paid in full.
Cancellation by the Owner
The Owner may cancel the Letting at any time and for any reason.
In the event of cancellation in accordance with Condition 22.1 the Owner will give to the Guest the maximum practicable notice and refund the Fee but will not otherwise be liable to the Guest.
Breach by the Guest If the Guest fails to observe and perform any of these Conditions the Owner may:
charge to and recover from the Guest any expenses incurred by The Owner in remedying any such failure, including the cost of employing attendants, workmen, cleaners or other persons as may be appropriate, and
cancel the instant or any other Letting of the Property by the Guest without incurring any liability to the Guest for the return of any fee or otherwise.
Notices All notices, demands or requests by either party to the other shall be in writing and shall be sufficiently served if delivered by hand or sent by recorded delivery to the address of the Guest specified in the Booking.