TERMS AND CONDITIONS
Please read these Terms and Conditions, as they are the basis that any Reservation/Booking is accepted. These will also be provided by a link in the Invoice.
Important: this agreement is a binding document. Before making your Reservation/Booking you should read it carefully and ensure that it contains everything you do want and nothing UNACCEPTABLE to you. If you do not understand this agreement or anything in it, it is strongly suggested that you ask for it to be explained to you before you sign it.
THIS HOLIDAY LET AGREEMENT is made BETWEEN the person whose name and address has been entered on the Reservation Screen (‘the Hirer’) and Mr D.L.Lewis or Mr K.V.Lewis of LewisVille for (‘the Landlord’).
on the date that ‘the Hirer’ makes the Reservation.
- ‘the Deposit’ means £50 or 10% of the Hire charge, whichever is greater and forms part of the Hire charge
- ‘the Reservation’ means the online electronic Reservation
- ‘the Security Deposit’ means the sum of £50 to be held by the Landlord to cover any damages caused by the
- ‘the Property’ means the mobile home selected by the Hirer when making the Reservation
- ‘the Rent’ or ‘Hire Charge’ means the sum agreed for the Term with the Landlord by the System submission of the Reservation
- ‘the Term’ means the period between the holiday dates set out in the Reservation
- ‘the System’ means the online Reservation and Booking website
- ‘the Quote’ means the electronic Quote sent to the hirer for acceptance
- ‘the Invoice’ means the payment request Invoice sent to the hirer
DEFINITIONS AND INTERPRETATION
- The clause paragraph and schedule headings do not form part of this agreement and shall not be taken into account in its construction.
- References in this agreement to any clause subclause or schedule without further designation shall be construed as a reference to the clause subclause or schedule to this agreement so numbered.
- Words importing one gender include all other genders, words importing the singular include the plural and vice versa
- ‘the Party’ means the people who will be staying at the Property during the Term limited to the number of persons submitted in the Reservation Application
- ‘the Furniture’ means the fixtures, fittings and effects in on or around the Property
- ‘the Booking’ means the acceptance and confirmation of the Reservation by the Landlord and the deposit payment by Hirer for the purpose of booking the Property
- This agreement is made on the basis that the Property is to be occupied by the Hirer for a holiday as mentioned in the Housing Act 1988 Schedule 1 Paragraph 9. The Hirer acknowledges that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise on the termination of the Term.
- The Landlord lets and the Hirer takes the Property and the Furniture for the Term at the Rent subject to the Hirer’s Obligations set out in Schedule 1 and the Landlord’s Obligations set out in Schedule 2 and if at any time there is a breach of any of the Hirer’s Obligations the Landlord may (subject to compliance with any legal requirements for the time being in force) repossess the Property and on such repossession of the Property the Tenancy will immediately end but without affecting any other right of the Landlord.
- The Hirer must pay the Hire Charge in full at least 6 weeks before the start of the Term or forthwith if the Booking Application is submitted less than 6 weeks before the start of the Term
- The Security Deposit must be paid in accordance with the Invoice and will be returned to the Hirer after the Term but the Landlord shall be entitled to deduct therefrom a reasonable sum to pay any unpaid bills and outgoings in accordance with schedule 1 clause 1 and any loss or damage for which the Hirer is responsible.
- If the reasonable sum set out in the above clause exceeds the Security Deposit, the Hirer shall be liable to make up the shortfall on demand.
- No domestic animals are allowed on the Property.
- A strict No Smoking policy applies to the Property.
- If there is any evidence of smoking at the Property the Hirer shall be liable to pay liquated damages in the sum of £250.00 to cover the cost of a deep clean of the Property.
- The Hirer must not allow any person who is not a member of the Party to stay in the Property. The Landlord will be entitled to liquidated damages of £100.00 from the Hirer for each such person the Hirer allows to stay in the Property during the Term.
- If the Rent is not paid in accordance with the RENT clause above, the Landlord shall have the right to cancel this agreement by immediate notice to the Hirer and claim for any loss of Rent if unable to secure a further letting at the same Rent
- If the Hirer cancels after payment of the Rent the Landlord may retain from such Rent an amount equal to the loss sustained in re-letting the Property at a lower rent and if the Property cannot be re-let the Landlord my retain the whole of the Rent
- In the case of any cancellation the Landlord may retain the Deposit except if the cancellation is given in writing a full two months before the commencement of the holiday let
- The Landlord must keep the Property and the Furniture but not the Hirer’s personal property insured against damage or destruction by fire or the other usual risks for the full cost of rebuilding and reinstating the Property and replacing the Furniture unless the insurance is rendered void or made invalid by any act of the Hirer or anyone under his control.
RECOVERY OF POSSESSION
- The Landlord may commence proceedings to obtain a court order to recover possession from the Hirer and re-enter the Property upon breach by the Hirer of any obligation or other term of this agreement.
- The preceeding Clause is subject to the Landlord’s obligations to serve notice upon the Hirer specifying the breach and requiring remedy within a reasonable time if the breach is capable of remedy, and requiring the Hirer to pay compensation in any case
- The Hirer is notified for the purposes of the Landlord and Tenant Act 1987 Sections 47 and 48 that the name and address of the Landlord is Kelvin and David Lewis, c/o 5a The Mills, Playford Road, Rushmere St. Andrew, Ipswich, Suffolk, IP45RL, herewith known as LewisVille and that the name and address of the receiver of rent is Kelvin or David Lewis, c/o 5a The Mills, Playford Road, Rushmere St. Andrew, Ipswich, Suffolk, IP45RL.
SCHEDULE 1 HIRER’S OBLIGATIONS
- The Hirer must use the Property for the purpose of a private holiday residence only and not for any other purpose whatsoever.
- Any charges for site services supplied partly during and partly before or after the Term will be apportioned by the Landlord
- The Hirer must keep the Property (including its sanitary water gas and oil radiator heating and electrical equipment) clean and tenantable and the Furniture in good condition.
- The Hirer shall be liable to pay for all breakages damage and losses occurring in relation to the Furniture during the Term (with the exception of fair wear and tear)
- The Hirer must not make any alterations or additions to the Property its internal arrangements decorations fixtures or fittings or the Furniture.
- The Hirer must not deface the Property or permit or suffer it to be defaced internally or externally.
- The Hirer must not cause suffer or allow anything to be done in or on the Property that may be or tend to be a nuisance annoyance or cause damage to the Landlord or to any neighbouring or adjoining property or their owners or occupiers.
- The Hirer must not use suffer or allow the Property or any part of it to be used for any illegal or immoral purpose.
- The Hirer must not play any musical instrument or device and must not cause suffer or allow noise from a radio television set compact disc tape or sound production system of any kind or any machine or equipment to create excessive noise which can be heard outside the Property and may cause disturbance
- The Hirer must not block the sinks baths lavatories cisterns or pipes in the Property with nappies rags dirt rubbish refuse or other substances and must not cause any obstruction or blockage in the sinks baths lavatories cisterns or pipes or damage them in any way.
- The Hirer must not assign underlet or part with possession of the Property or any part of it.
- The Hirer must permit the Landlord or the Landlord’s agent (with or without workmen or others) to enter the Property at all reasonable times upon giving reasonable notice, or in the event of an emergency at any time without notice, causing as little inconvenience to the Hirer as possible
12.1. to inspect the Property and the Furniture;
12.2. to carry out any repairs that may be necessary during the Term pursuant to the Landlord’s repairing obligations;
12.3. to carry out any repairs to the Property or the electric wiring gas or water pipes or drains in or under the Property; and
12.4. to execute all works necessary to remedy the Hirer’s breach of any covenant contained in this agreement regarding repair maintenance or decoration
- The Hirer is invited to inspect the Property on arrival and regularly for any defect or disrepair in the Property or in any installation in it for which the Landlord is responsible and if any is found report it to the Landlord as soon as possible.
- The Hirer must not cause suffer or allow anything to be done as a result of which the Landlord’s insurance on the Property may become void or voidable or as a result of which the rate of premium on the policy may be increased.
- The Hirer must hand over to the Landlord (or the Landlord’s agent) all keys by 10:30 am on the date the Term ends and give vacant possession of the Property and the Furniture in accordance with the provisions of this agreement, and with the various items of furniture and other items left in the places which they were situated at the beginning of the Term.
- The Hirer shall be liable to reimburse the Landlord for loss arising from any claim as a consequence of any breach by the Hirer of any covenant contained in this agreement.
- The Hirer agrees to pay, unless a court orders otherwise, the Landlord’s reasonable legal costs and expenses (including VAT and any interest) incurred in relation to or incidental to any breach by the Hirer of any covenant contained in this agreement.
- The Hirer is expected to leave the property in the same clean condition that it is found. If it it not found to be clean upon hiring the property, the Hirer must inform the Landlord immediately by phone or text on 07725188036.
SCHEDULE 2 LANDLORD’S OBLIGATIONS
- The Landlord must permit the Hirer peaceably to hold and enjoy the Property during the Term without any interruption or disturbance from or by the Landlord.
- The Landlord must pay all the water , gas, electricity,
- sewerage charges and any rates or taxes levied in respect of the Property
- The Landlord will comply with the Landlord and Tenant Act 1985 section 11 as to his responsibility for repairs to the Property.