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(1) Tamsquite Limited ("THE COMPANY") of Tamsquite House, St.Tudy, Bodmin, Cornwall PL30 3PU; and
(2) The person signing the Booking Form ("THE TENANT") of the address stated on the Booking Form;
(3) made on the date stated on the Booking Form by THE TENANT.
IT IS AGREED AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
1.1 The following words and definitions apply:
AGREEMENT - this agreement incorporating the terms set out below and the provisions set out on the Booking Form;
THE BOOKING FORM - the Booking Form specified by THE COMPANY to be used by THE TENANT;
THE TENANT’S PARTY - THE TENANT and all other persons occupying The Property during THE LET whose names must have been made available to THE COMPANY by THE TENANT prior to THE LET;
THE FEE - The sum payable for the Rental Period as stated by THE COMPANY;
THE BALANCE - the balance of THE FEEs as defined in clause 4.2;
THE DAMAGE DEPOSIT - The sum as defined in clause 6.1.
THE LET - the period of time as stated on the Booking Form by THE TENANT during which THE TENANT and THE TENANT’s PARTY shall occupy The Property;
THE PROPERTY - Shores House, Shores Lane, Rock, Cornwall PL27 6LX, and all contents and items contained therein as itemised by THE COMPANY on an inventory.
2. TERMS AND CONDITIONS
2.1 The standard terms and conditions of THE COMPANY contained herein shall govern all contracts with THE TENANT for the provision of THE LET and all Services by THE COMPANY to the exclusion of any terms and conditions which THE TENANT may publish or otherwise bring to the notice of THE COMPANY or which are referred to in any correspondence between THE COMPANY and THE TENANT or elsewhere or implied by trade custom or course of dealing.
2.2 The standard terms and conditions may be varied or excluded only by express agreement in writing and signed by both THE COMPANY and THE TENANT.
2.3 (i) neither has relied upon any representation except where the representation is contained in writing in these terms and conditions or in the order form on the reverse hereof, and
(ii) no representation, howsoever made, by one party to the other shall form a part of this contract except where the representation is contained in writing in these terms and conditions or in the order form on the reverse hereof.
3. THE LET
3.1 THE COMPANY agrees to provide subject to these terms and conditions, either by itself or by sub-contractors or by agents, a rental period for Shores House as set out on THE COMPANY’s official Booking Form ("THE LET").
3.2 The Booking Form shall contain:
(i) the date on which THE LET is to start and end and;
(ii) the total of THE FEEs THE COMPANY will charge for THE LET.
3.3 THE TENANT and THE TENANT’S PARTY shall have no access to The Property prior to 15.00hrs on the date on which THE LET is to start.
3.4 THE TENANT and all members of THE TENANT’S PARTY must vacate The Property by 10.00hrs on the date on which THE LET is to end.
3.5 Any variation to THE LET must be agreed in writing and signed by both parties.
3.6 THE TENANT acknowledges that they are over 25 years old and authorised to sign the Booking Form on behalf of THE TENANT’S PARTY and that all those persons comprising THE TENANT’S PARTY are aware of these terms and conditions relating to THE LET. THE TENANT shall be a member of THE TENANT’S PARTY and shall provide THE COMPANY with the full name, address and age (if under 30) of all the members of THE TENANT’S PARTY on request by THE COMPANY and in any event prior to THE LET.
3.7 The persons comprising THE TENANT’S PARTY are the only persons permitted to occupy The Property at anytime.
3.8 THE TENANT’S PARTY cannot comprise groups of single persons under the age of 25, or all-male or all-female groups containing more than two persons, unless agreed in writing by THE COMPANY prior to THE LET.
3.9 THE TENANT shall allow THE COMPANY or THE COMPANY’S agents reasonable access to The Property during THE LET.
3.10 This agreement confers upon THE TENANT and THE TENANT’S PARTY the right to occupy for a holiday within the meaning of Section 9 of the Rent Act 1977.
3.11 Any additional services (“Services”) required in the provision of THE LET shall be provided by sub-contractors, and THE COMPANY shall act as agents for THE TENANT as principal in the engagement of the sub-contractors.
4. PAYMENT
4.1 No Booking can be confirmed until THE TENANT has agreed and signed the Booking Form and a payment by THE TENANT equivalent to one third of THE FEE has been received by THE COMPANY.
4.2 Prior to THE LET, THE COMPANY shall issue an invoice for two thirds of THE FEE due to THE COMPANY (“the Balance”). THE TENANT shall pay the Balance to THE COMPANY not less than eight weeks prior to the start of THE LET.
4.3 On arrival at The Property, if THE TENANT is dissatisfied with The Property, THE TENANT must:
(i) provide written reasons setting out the cause of THE TENANT's dissatisfaction; and
(ii) if no written reasons setting out the cause for THE TENANT's dissatisfaction is provided by THE TENANT within 24 hours of THE TENANT’s arrival at The Property, THE TENANT shall be deemed to be satisfied with The Property.
4.4 During the Rental Period, THE COMPANY may provide additional Services to THE TENANT at THE TENANT’s request. THE COMPANY shall acquaint THE TENANT with the cost of any such Service prior to the provision of the Service. THE TENANT must agree to the cost of the Service before the Service can be provided. If THE TENANT is dissatisfied with any of The Services provided by THE COMPANY, THE TENANT must:
(i) provide written reasons setting out the cause of THE TENANT's dissatisfaction; and
(ii) if no written reasons setting out the cause for THE TENANT's dissatisfaction is provided by THE TENANT within 24 hours of the provision of The Service, THE TENANT shall be deemed to be satisfied with The Service.
4.5 If THE COMPANY pays for The Service on behalf of THE TENANT, THE COMPANY shall charge THE TENANT a handling fee equal to 15% of the cost of The Service over and above the cost of The Service.
4.6 At the end of THE LET, and prior to departure by THE TENANT from The Property, THE TENANT shall pay THE COMPANY the agreed cost for any Services that have been provided and paid for by THE COMPANY at THE TENANT’s request.
4.7 All sums outstanding and unpaid in relation to invoices submitted by THE COMPANY in accordance with these terms and conditions which are not paid in accordance with these terms and conditions shall be subject to interest at the rate of 4% above Lloyds Bank plc base rate.
4.8 Any charges raised against THE COMPANY any bank for handling dishonoured cheques will be passed on to THE TENANT.
4.9 THE COMPANY reserves the right to amend THE FEE quoted by THE COMPANY in any medium due to errors or omissions or changes in the VAT rate.
4.10 If, because of any exchange rate variation, the sterling equivalent of the cost to THE COMPANY of any obligations incurred in respect of overseas services exceeds the sterling equivalent of the cost to THE COMPANY at the time that the relevant order form was agreed and signed by THE TENANT, THE TENANT shall pay the difference to THE COMPANY on demand.
4.11 In the event of legal proceedings in respect of overdue invoices, all legal expenses will be met by THE TENANT.
5. CANCELLATION
N.B. All applicants are advised to take out personal cancellation insurance.
5.1 Any request to cancel a booking must be sent in writing to THE COMPANY before it can be considered. THE TENANT remains liable for The Balance of THE FEES, however THE COMPANY will use all reasonable means to re-let The Property for the period booked by THE TENANT. If THE COMPANY is successful, THE TENANT will be refunded the difference between moneys they have paid less the sums receivable from the re-letting after deduction of all costs and expenses incurred by THE COMPANY which shall in any event include a cancellation fee of £150.
5.2 Failure to arrive before 12.00hrs on the day after the start date of THE LET without prior agreement by THE COMPANY will be regarded as cancellation, and no refund of any monies paid by THE TENANT will be made.
6 DAMAGE
6.1 At the start of THE LET and on arrival at The Property, THE TENANT shall pay to THE COMPANY the sum of £1,000 (“The Damage Deposit”) as a fully refundable deposit payment against any damage caused by THE TENANT or THE TENANT’S PARTY to The Property. At the same time, THE COMPANY shall provide THE TENANT with an inventory of all items at The Property available to THE TENANT during THE LET.
6.2 THE TENANT is responsible for THE TENANT’S PARTY and is not limited by The Damage Deposit to the extent of any damage to The Property caused by THE TENANT’S PARTY. THE TENANT agrees:
(i) to pay for any losses or damages to The Property, however caused, reasonable wear and tear excluded;
(ii) to take good care of The Property and leave it in a tidy condition at the end of the tenancy;
(iii) to ensure that whenever The Property is left unoccupied during THE LET, all external doors are locked securely, all windows are closed and all ground floor windows are locked.
(iv) To remove all of THE TENANT’s own property and possessions from The Property at the end of THE LET;
(v) not to smoke anywhere at The Property;
(vi) not to cook anywhere other than permitted areas of The Property;
(vii) not to bring any animals to The Property;
6.3 At the end of THE LET and prior to departure by THE TENANT, THE COMPANY shall be allowed to examine The Property for any loss or damage and assess the extent of any such loss or damage. In the event that no such loss or damage is apparent, THE COMPANY shall repay the Damage Deposit to the tenant. If the Damage Deposit is repaid to THE TENANT, this does not mean that THE TENANT is absolved for any loss or damage subsequently discovered or brought to the attention of THE COMPANY.
6.4 If THE COMPANY discovers any loss or damage to The Property after the departure of THE TENANT, THE COMPANY must:
(i) provide THE TENANT with a written account of the loss or damage; and
(ii) if no such written account is provided to THE TENANT by THE COMPANY within 5 working days of the end of THE LET, THE COMPANY shall be deemed to be satisfied that no loss or damaged has occurred during THE LET.
6.5 THE COMPANY reserves the right to repossess The Property at any time where damage or nuisance has been caused by THE TENANT or any member of THE TENANT’S PARTY. In such an event THE COMPANY shall not be liable to make any refund to THE TENANT whatsoever.
7 INDEMNITY
7.1 THE TENANT shall indemnify THE COMPANY against any loss THE COMPANY may incur as a result of any claims or proceedings brought against THE COMPANY based upon any action by THE TENANT or THE TENANT’S PARTY pertaining to and during THE LET.
8. DELAY AND LOSS
8.1 THE COMPANY shall not be liable for loss or delay in providing THE LET or The Services in the absence of default or neglect on the part of THE COMPANY.
8.2 THE COMPANY shall not be liable for any loss or delay in providing THE LET or The Services including, but without prejudice to the generality of the foregoing: war, industrial action, lockouts, accidents, fire, blockade, import or export embargo, bad weather, natural catastrophes and civil disorder.
8.3 If for any reason The Property is not available for THE LET (owing to damage by a previous tenant for example) or The Property is unsuitable for letting, any of THE FEE already paid by THE TENANT will be refunded in full but THE TENANT shall have no further claim against THE COMPANY.
8.4 THE COMPANY may make any improvement, renovation, alteration and change to The Property at any time prior to THE LET. THE TENANT shall not rely on any detail, layout, furniture and equipment construed to be within or at The Property howsoever stated by THE COMPANY at any time in any medium.
9. CONFIDENTIALITY
9.1 THE COMPANY shall not disclose any confidential information relating to THE TENANT without the permission of THE TENANT, unless the information is already in the public domain.
9.2 THE COMPANY shall treat all information relating to THE TENANT and THE LET as confidential, unless it is information which is already in the public domain.
10 SECURITY AND PRIVACY
10.1 THE COMPANY warrants to THE TENANT and THE TENANT’S PARTY that:
(i) Personal data is only used for the legitimate interests of THE COMPANY and does not unduly prejudice the rights and freedoms of the individual in question.
(ii) Personal data will be processed fairly and lawfully in accordance with the Data Protection Act.
(iii) They will not process "sensitive" personal data without prior consent from the member.
(iv) Access will be granted to computerised personal data in the form of a computerised "printout", and to manual personal data at its discretion.
(v) Information processed is accurate, relevant, current, up to date and not excessive.
(vi) Personal data will be kept only for so long as is necessary for the specified purposes.
11 RISK
11.1 THE COMPANY shall not be liable for any damage or injury caused to THE TENANT or THE TENANT’S PARTY in respect of The Property or any Service provided by THE COMPANY or for any loss or damage to the personal belongings of THE TENANT howsoever arising.
12 BREACH OF CONTRACT
12.1 Any breach of these terms and conditions and the provisions therein will constitute a breach of contract, thereupon THE COMPANY may terminate THE LET forthwith, in which event all moneys paid by THE TENANT will be forfeited and THE TENANT’S PARTY may be required to vacate The Property.
13 NOTICES
13.1 The address for service of any party shall be the address stated in this Agreement and the related Booking Form, or if any other address for service has been notified to the server, to the address so notified.
14. MISCELLANEOUS
14.1 Any reference in these terms and conditions to the singular shall include the plural and vice versa.
14.2 The headings to the clauses in this Agreement and in the Order are for ease of reference only and shall not form any part of this Agreement for the purposes of construction.
14.3 If at any time any term or provision in this Agreement shall be held to be illegal, invalid or unenforceable, in whole or in part, under any rule of law or enactment, such term or provision or part shall to that extent be deemed not to form part of this Agreement, but the enforceability of the remainder of this Agreement shall not be affected.
14.4 In the event of any discrepancy between these terms and conditions and any other statement by THE COMPANY, these terms and conditions shall apply.
15. LAW AND JURISTRICTION
15.1 These terms and conditions shall be governed by the laws of England and Wales.
15.2 Both THE COMPANY and THE TENANT submit for the purpose of any proceedings to the non-exclusive jurisdiction of the English courts.
DISCLAIMER
Please note that the information available on the Shores House website may be incomplete, out of date or incorrect. It is therefore essential that you verify all such information with Tamsquite Limited before taking any action in reliance upon it. It is a condition of us allowing you free access to the material on this web site that you accept that we will not be liable for any action you take in reliance on the information on this web site.Please be forewarned that it is possible to catch computer viruses by accessing a web page or by downloading or running an infected program. Whilst Tamsquite Limited has taken steps to ensure that the pages on this web site are free from infection, such is the nature of the Internet that no assurance can be given that the pages of this web site are indeed free from infection. It is a condition of us allowing you free access that Tamsquite Limited will not be liable for any loss or damage suffered by any person accessing this website or any third party resulting directly from the transmission of a computer virus resulting from the accessing of this website.The contents of the pages on this web site are the copyright of Tamsquite Limited. The copying or incorporation into any other work or part or all of the material available on this web site in any form is prohibited save that you may: download extracts of the material on the site for your personal use; or: copy the material on the site for the purpose of sending to individual third parties for their personal information provided that you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.