TERMS & CONDITIONS
PLEASE READ THESE CONDITIONS CAREFULLY. WHEN YOU MAKE A RESERVATION, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT, THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS
“Management” means the owner and/or employees of Online Advantage Limited, City Centre Tower 16th Floor, 5 – 7 Hill Street, Birmingham, B5 4UA (Company Number: 06638636)
“Applicant” means clients applying to rent property
“Tenants” means Applicants that have taken up residence in a property;
“Booking Form” means the booking form specified by the Management to be used by all Applicants.
- Duration and Times of Lettings:
Lettings, unless otherwise agreed, commence from 4 pm on the arrival day to 10 am on the day of departure. Weekly lets and short breaks, unless otherwise agreed commence on Fridays and Mondays.
- The Reservation:
The Rental confers upon the Applicant the right to occupy for a holiday as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9 and the Applicant acknowledges that the rental granted by this Agreement is not an assured tenancy and that no statutory periodic tenancy will arise.
- Reservation Procedure:
Applicants can provisionally reserve the property over the telephone but no contract shall exist between the Applicant and the Management until the terms and conditions have been agreed to and the Management has received the relevant payment in accordance with and subject to the provisions of Condition 5 at which time the reservation will be confirmed subject to the Booking Form having been submitted with all required information to the satisfaction of the Management.
- Payment Procedure:
For reservations made more than 8 weeks prior to the commencement date a non-refundable deposit of 25% of the total amount due must be sent with the completed Booking Form. If a reservation is made less than 8 weeks before the commencement date, the total amount due together with any additional charges must be tendered at the time of submission of the Booking Form. In the event that the Management does not accept an Applicant’s reservation all moneys paid will be refunded immediately.
The balance of the full amount due in respect of the reservation and any additional charges are due 8 weeks before the commencement date.
Non-payment of any sum by the due date will be deemed to be a cancellation and the Management may re-advertise the property for reservations without prior notice to the Applicant. The Applicant shall remain liable for payment of the full amount due in respect of the reservation in accordance with the provisions of Condition.
Payments under these Conditions may be made by cheque (not post-dated) or bank transfer. Any charges raised against the Management by their bank for handling dishonoured cheques or direct debit payments shall remain a liability of the Applicant and payment of any such charges will be passed onto the Applicant.
In agreeing to these terms and conditions the Applicant acknowledges and accepts that they are entering into a direct contract with the Management in respect of the letting of the Property.
Please note that bookings from persons under the age of 18 cannot be accepted.
ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL HOLIDAY CANCELLATION INSURANCE.
Any request to cancel a booking must be made in writing to the Management. The Applicant shall remain liable for all the payments due in respect of the reservation whether or not they have been paid at the time of cancellation. The Management will offer the property for reservation and will use his reasonable endeavours to obtain a reservation for the property, unless this is successful, the Applicant remains responsible for the balance of the hire.
The Management reserves the right to amend the price quoted in the brochure or rates sheet due to errors or omissions or changes in the VAT rate. In such circumstances the Management will contact the Applicant. If the Applicant does not wish to pay the increase the Applicant shall be entitled to cancel the reservation and receive a full refund for all monies paid in respect of the reservation providing notice of cancellation is given in accordance with the provisions of Condition 5 and within 7 days from the Applicant receiving notice of the amendment to the price to be charged from the Management. Once a reservation has been confirmed in accordance with the provisions of Condition 5, should the Applicant require amendment to any of the information provided on the Booking Form a fee of £35 shall be charged to the Applicant.
- Applicant’s Obligations:
The Applicant agrees:
- To pay for any losses or damages to the property or its fixtures, fittings or décor, however caused (reasonable wear and tear excluded);
- To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy (extra cleaning can be charged);
- Not to smoke in the property;
- Not to cook anywhere on the property other than in designated kitchen areas; and
- Not to bring any pets to the property unless previously agreed in writing with the Management.
- Damages and Security Deposit:
A security deposit is required 7 days prior to arrival. The amount is fully refundable providing the property is left clean and tidy, that there have been no breakages, extra cleaning required or any extra people found to be staying at the property. Security deposits are refunded within 7 working days of departure.
In the event that the Applicant or anyone staying at the property during the Applicant’s reservation period causes damage or incurs a need for professional cleaning services or leaves the property without settling invoices for additional services or supplies received during the Applicant’s reservation period the guest will be notified in writing of the details of any extra costs incurred within 10 working days after the end of the reservation period and this amount shall be deducted from the Security Deposit.
- Authority to Sign / Miscellaneous:
The Applicant acknowledges that he/she/they are authorised to sign the Booking Form on behalf of all persons who will occupy the property throughout the duration of the reservation and that those persons are aware of the terms of these conditions.
The Applicant shall be a member of the party occupying the property and hereby agrees to the following:
- If the majority of the individuals residing in the property during the period of the Applicant’s reservation are under 30 years old, or if the party are all of the same sex, the Management must be notified in writing;
- There is no charge for extra children under the age of 2 although this is restricted to a maximum of two unless arranged directly with the Management;
- The property details state the maximum number of persons permitted to occupy the property at any time;
- No smoking is permitted with in the property;
- You must not cause a nuisance or disturbance to neighbouring accommodation or behave in an unreasonable way. The playing of music or making a noise which is clearly audible in a nearby accommodation is not permitted after 11.00 pm.
- No subletting of the property, in part or full, is allowed, unless in total agreement with the Management at time of booking.
Any breach of these provisions will constitute a breach of contract, the Management may terminate the reservation forthwith in which event all moneys paid by the Applicant will be forfeited and the Applicant and any third party residing in the property during the period of the Applicant’s reservation may be required to vacate the property with immediate effect.
The Management reserves the right to take possession of the property at any time where damage or nuisance has been caused by the Applicant or any third party residing in the property during the period of the Applicant’s reservation. In such an event the Management is not liable to make any refund of any monies paid by the Applicant whatsoever.
Health & Mobility: The property summary details aim to give accurate descriptions of the properties. Should there be any specific health or mobility difficulties which may affect a party member, we request that this is pointed out at the initial reservation stage so the suitability of the property can be established.
Rural Life and Safety: The Management accepts no responsibility or liability in connection with the suitability or non-suitability of the property for the Applicant and/or the persons resident at the property in accordance with this booking. The Applicant accepts that the property is situated in a rural area and is affected by local country pursuits, including but not limited to animal noise, grass cutting and ancillary agricultural noise which may be experienced. The existence of natural flora and fauna at the property means that insects and other wildlife are not uncommon and the Applicant and those persons listed on the owners booking information sheet acknowledge the rural nature of the property.
The Management cannot be held responsible for any limitations placed on the booking due to adverse weather conditions which may affect travel to and from the property.
If in the opinion of the Tenants there are grounds for complaint, it is the duty of the Tenants to take it up with the Management immediately or soon as reasonably possible and in any event before departure to allow remedial action to be taken. It is specifically agreed that failure by the Tenants to notify the Management of any complaint in accordance with the timescale above will entitle the Management to refuse to entertain the complaint, irrespective of its merit.
- Non-Availability of Property:
If for any reason beyond the control of the Management the property is not available on the date booked or the property is unfit for purpose, the Management cannot accept any responsibility or pay any form of compensation where the circumstances causing the non-availability of the property amount to “force majeure”.
Circumstances that will be deemed to amount to “force majeure” include destruction or damage to the property as a result of fire; flood; explosion; storm or other weather damage; break-in or other criminal damage or any other occurrence beyond the reasonable control of the Manager.
All monies paid in advance by the Applicant will be refunded in full but the Applicant shall have no further claim against the Management.
- Personal Injury and loss/damage of Applicant property:
The Tenants or members of his/her party cannot hold the Management responsible for injury sustained or the loss or damage to any belongings during their stay. Any vehicle(s) of the Applicant or any third party making use of the property during the period of the Management’s reservation is left at the property entirely at the risk of the owner of the vehicle.
- Swimming Pool and Spa Equipment:
The Applicant agrees that the use of any swimming pool facility and spa equipment is at the Applicant’s (or any third party residing in the property during the period of the Applicant’s reservation) risk in all respects. The Applicant agrees to observe the “Regulations and Conditions Governing the Use of Swimming Pool, Spa and Ancillary Equipment” which form part of these Conditions and to ensure that any third party residing in the property during the period of the Applicant’s reservation also abides by the same.
- Lost property:
The Management cannot accept responsibility for any items you leave behind in the property after your holiday, but if you notify us and we will endeavour to locate the lost item(s).
If lost property is found, we will inform you and agree the means to return it. Any unclaimed items will be disposed of after two weeks.
- Wi-Fi usage:
The availability of any Wi-Fi service in the property is not guaranteed. In the event that Wi-Fi is available in the property, the Applicant agrees not to use the Service to access Internet Services, or send or receive e-mails, which:
- Are defamatory, threatening, intimidatory or which could be classed as harassment;
- Contain obscene, profane or abusive language or material;
- Contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
- Contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation;
- Contain material which infringe third party’s rights (including intellectual property rights);
- In our reasonable opinion may adversely affect the manner in which we carry out our business;
- Involves downloading, altering, e-mailing and distributing copyrighted content unless certain that the owner of such works has authorised its use by you;
- Constitutes or is capable of constituting a criminal offence or is otherwise unlawful or inappropriate, either in the United Kingdom or in any state throughout the world.
The booker agrees to compensate the owners fully for any claims or legal action made or threatened against the owners by someone else because the booker has used the service in breach of these Wi-Fi usage terms and conditions.
In the event of discrepancy between these conditions and any other document, these conditions shall prevail.
Regulations and Conditions For the use of the Pool and Play Equipment
WE REQUIRE THAT OUR GUESTS READ AND SIGN THE FOLLOWING CONDITIONS WHICH SHOULD BE READ IN CONJUNCTION WITH AND FORM PART OF THE BOOKING CONDITIONS.
The Tenants agree:
- That every care should be taken when around or using the pool.
- That no one should swim while under the influence of alcohol or drugs.
- Not to take any glass items near the pool area.
- Guests should note that some pools have a shallow end and a deep end and for your own safety diving is strictly prohibited.
- To ensure that children under 16, or any novice swimmer of any age, are always supervised by an adult and confident swimmer at all times.
- To behave in such a manner as not to disrupt the enjoyment of other people staying in the near vicinity or prejudice the reputation of the owner of the property.
- The holiday of any Applicant or third party residing or making use of the property during the period of the Applicant’s reservation in breach of this clause may be terminated immediately and without compensation or any further obligation.
- Any damage to the pool or spa facilities arising out of misuse or as a result of negligence and/or failure to follow the instructions herein will be chargeable to the Applicant.
- To use the pool and play equipment at their own risk.
- Not to alter or tamper with the pool equipment.
- If using a tennis court, non-marking trainers should be worn.