1. Terms of the Agreement
1.1 These terms apply when the owner of the property (the “owner”) offers to rent out the Property (“the Property”) in the way of the Whole House” (the Whole House”) or Room Only (“the Room Only”) to a renter (the “renter”). Under this Agreement, the renter agrees to rent the Whole House or the Room Only from the owner and the owner agrees to rent the Whole House or the Room Only to the renter on the terms of this agreement (the “Agreement”).
2. Bookings/Deposits/Cancellation of Bookings
2.1 A booking is made when a renter agrees to these terms and pays the set deposit for the Whole House or Room Only. The renter agrees to rent the Whole House or the Room Only for the term for a price (the “rental”), and the renter pays a deposit. Confirmation of a booking will be provided to the renter once the deposit has been received by the owner.
2.2 At the time of booking the owner may set out terms and conditions in addition to those in this Agreement (“additional terms”) which may include, without limitation, terms relating to pets, the number of guests permitted to occupy the House, and additional fees or costs which apply to the booking. The renter agrees to comply with the additional terms, including any terms set out in the site listing for the Whole House or the Room Only, as if they were set out in this Agreement.
2.3 Subject to the cancellation provisions of this Agreement, once a booking is confirmed in writing by the owner the renter is liable for the balance of the rental together with any extra costs or fees set out in the additional terms.
2.4 The renter must, to confirm a booking, pay the owner a deposit of 20% of the total rental balance.
2.5 A deposit, if less than the full amount of the rental, is in part payment of the full amount of rental that is due for renting the Whole House or the Room Only for the term.
Payment of Rental
2.6 Full payment must be made within 7 days before arrival day. The renter will not be able to check in without a full payment having cleared in the bank.
Amendments and Cancellations
2.8 Any cancellation or amendment must be made by email.
2.9 The owner may refuse to amend a booking once it has been confirmed in writing and any amendment or transfer of deposit to another booking will be at the sole discretion of the owner.
2.10 The owner may cancel a booking by notice in writing if the renter fails to make any payment due under this Agreement when that payment is due.
2.11 If a renter cancels this agreement at any time prior to the commencement of the term, the deposit shall be forfeited by the renter. The balance of the rental will not be payable. Any cleaning fees paid will be refunded.
2.12 If a renter cancels this agreement within 7 days but not less than 72 hours of commencement, the balance of the rental shall be refunded.
2.13 If a renter cancels this agreement within 72 hours of commencement or fails to turn up for the booking, the first nights fee shall forfeited. Any cleaning fees paid will be refunded.
2.14 If the renter cancels this agreement after check in, the renter will forfeit the full rental amount and any associated cleaning fees.
3. Damage and Bond
3.1 The renter is responsible to the owner for all breakage, damage and destruction to any property, direct and indirect costs, charges from third parties arising, and damage caused to the Property (including any contents) during the term. The renter agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the renter’s breach of its obligations under clause 3.1 and to immediately, on demand, reimburse the owner for all such costs.
4. Occupation of the Holiday House
4.1 The Whole House and the Room Only are both Family Friendly, but the renter must not permit more people to occupy the property than the number stipulated in the booking agreement. The Whole House allows a maximum of 5 guests and the Room Only allows a maximum of 2 guests.
4.2 The renter agrees not to smoke anywhere in or on the property including the exterior boundaries of the property.
4.3 Well trained dogs are allowed on the property, not inside the house.
4.4 The Whole House or the Room Only will be available for checkin from 2.00 p.m until 9pm on the day of arrival and must be vacated by 11.00 a.m. on the day of departure.
4.5 The owner must be provided with 24 hours’ notice of the requested arrival time of the renter so the owner may make arrangements in respect of the keys for the Whole House or the Room Only.
4.6 The owner accepts no responsibility for any loss, or damage, to any of the renter’s personal belongings at the Whole House or the Room Only.
4.7 Unregistered guests are not allowed on site except by prior arrangement in writing.
4.8 The renter strictly agrees to, under no circumstances, not host any parties or events on or in the property.
4.9 The renter agrees to not wear shoes inside the house.
4.10 The Room Only option allows access to the Spa. The Spa is available during day light hours only. Young children are not allowed in the spa. The Whole House option does not include the Spa as a facility, however, access will be arranged if a request is made during your stay.
4.11 Access to the 4th Bedroom is strictly prohibited. The 4th Bedroom has an exterior and seperate entrance and the Owners reserve the right to access this room during any booking.
4.12 The property has a spacious Double Garage for Owners and renters .
5. Additional Facilities Available in the Property
5.1 Any use of additional facilities provided by the owner are used by the renter at their sole risk.
6. Limitation of Liability
6.1 The parties’ liability in respect of this Agreement shall be limited to the value of the rental and other associated charges agreed at the time of booking. In no circumstances will the owner be liable for any consequential damages of any nature, however arising and regardless of whether the owner has been notified of the risk of them.
6.2 The renter’s limitation of liability under clause 6.1 shall not apply to liability arising under clause 3.1 or clause 7 of this Agreement.
7.1 The renter undertakes that it will not do, permit to be done, or omit to do, any action that does or may invalidate or adversely affect any insurance policy held by the owner in respect of the Property and/or its contents.
7.2 The renter agrees to indemnify the owner against any losses or damages suffered by the owner as a consequence of the renter’s breach of its obligations under clause 7.1.
8. Privacy Act 1993
8.1 Information collected by the owner about the renter is used by the owner to determine the credit worthiness of the renter, to operate the Property as a business, and to carry out the owner’s obligations under this agreement. The renter authorises the owner to exchange such information with third parties, including (without limitation) its agents used to manage the Property, credit and debt collection agencies, accountants and lawyers. The renter understands that if the renter defaults on any payment under this Agreement, that default may be listed with a credit and/or debt collection agency. Any information provided to a credit and/or debt collection agency may be made available by that agency to other users of that agency’s services.
9. Consumer Guarantees Act 1993
9.1 If the Property is being used by the renter for business purposes as that term is defined in the Consumer Guarantees Act 1993 then pursuant to the provisions of the Act the terms and guarantees of the Act do not apply to this transaction.
10. Residential Tenancies Act 1986
10.1 The owner and the renter agree that the term shall not exceed 120 days and this Agreement is not subject to the Residential Tenancies Act 1986.
11. Force Majeure
11.1 Neither party shall be liable to the other where such liability arises through a circumstance entirely outside the control of that party.