13690106

The Pole House


2008 Booking Conditions

1. General

  1. Customers renting The Pole House are referred to as ‘the Guest’.
  2. The owner, Mr. T.P. Murnaghan, and his agents are referred to as ‘us’, ‘we’, and ‘our’.

2. Duration and Times of Rental

  1. Rentals are for a maximum of four weeks and commence at 3.00 pm on the first day of the rental and end at 10.00 am on the day of departure unless otherwise notified. This period is hereafter referred to as ‘the Holiday’.
  2. The period booked will be stated on the Booking Confirmation provided to the Guest when they book and cannot be exceeded unless we give written approval. The Guest will be liable for any cost of whatever nature incurred because of an unauthorised extension.

3. Deposit

  1. If a booking is made eight weeks or more before the Holiday is due to start, a deposit of one-third of the rent is payable.
  2. If a booking is made less than eight weeks before the Holiday is due to start, the full rent, plus any additional charges, must be paid at the time of booking.
  3. Should we not accept or reject a booking request, the rent and any additional charges paid by the Guest will be refunded immediately.

4. Final Payment

  1. Unless otherwise agreed in writing, the price for the Holiday shall be the rent for the property as set out at the time of the booking.
  2. Subject to condition 6, as soon as the booking is received and accepted by us, the Guest is liable for payment of the balance of the rent, along with any additional charges.
  3. Payment of the rent and additional charges are payable to us eight weeks before the start of the Holiday (‘the Due Date’) and non-payment by the Due Date may be treated as a cancellation.
  4. If payment is not received by the Due Date, then the Guest will lose their booking and the deposit will be forfeit.
  5. We do not and shall not be responsible for sending reminders of the Due Date. The Due Date will be set out on the Booking Confirmation.

5. Changing a Booking

  1. The dates of the Holiday may be changed providing the property is available for the new dates. A £15 re-booking fee is payable.

6. Cancellation

  1. A booking can only be cancelled prior to the start of the Holiday.
  2. A Guest who wishes to cancel the Holiday must notify us in writing (‘Cancellation Notice’).
  3. Subject to clause 6.4, the full rent, less a £15 administration charge, is refunded in the event of cancellation due to death, injury, illness, or a summons for Jury Service of any member of the booking party, or close relatives or business associates of the Guest which reasonably prevents the Guest from being able to take up the Holiday.
  4. If the Guest wishes to terminate the Holiday under clause 6.3, then they must provide the Cancellation Notice within seven days of them becoming aware that they cannot take up the Holiday.
  5. For the purpose of this condition, consecutive weeks at two or more properties are considered to be one Holiday.
  6. Also, for the purpose of this condition, ‘close relatives’ shall mean husband, wife, father, mother, grandparents, father-in-law, mother-in-law, brother, sister, child or step-child.
  7. Clause 6.3 does not apply to a cancellation due to:
    1. pregnancy or associated illness;
    2. any illness or injury which is insufficiently serious to prevent the person taking the Holiday;
    3. illness or medical conditions known at the time of making the booking.
  8. In the event that the Guest cancels the booking due to a reason under clause 6.3 then, upon receipt of the Cancellation Notice, we will send out a Cancellation Form which must be completed in full by a doctor and returned within 28 days from receipt of the Cancellation Notice. If the cancellation falls within clause 6.3, then no further payment is due and all previous payments, less the £15 administration charge, will be refunded in full.
  9. In the event that a cancellation is made other than under clause 6.3, then a cancellation charge is payable depending on the number of days before the Holiday start date the Cancellation Notice is received by us. The amount payable is set out below: Number of days before holiday start date that notification is received Cancellation Charge (as a percentage of the total cost of the holiday)
    0 - 13 days 100%
    14 - 27 days 75%
    28 - 55 days 60%
    56 days or more Deposit

7. Discounts

A discount of 5% may be available to a Guest who wishes to re-book within eighteen months. Only one discount may be applied to each booking.

8. Price Changes

  1. We reserve the right to amend prices quoted due to errors or omissions but such changes shall be notified to the Guest as soon as possible and the Guest shall be able to cancel the booking if the amended price is significantly higher than the original price quoted.

9. Method of Payment

Payments may be made by cheque, paypal, postal order or cash. Cheques or postal orders should be made payable to ‘T.P. Murnaghan’ and can only be accepted up to two weeks prior to the holiday. Cash should always be sent by recorded delivery post. Post-dated cheques are not acceptable. Any charges raised against us by our bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to the Guest who is liable to reimburse us within seven days of receipt of notification.

10. Overseas Bookings

Overseas Guests may pay in Sterling by cheque drawn on a UK bank, Paypal, or by international electronic transfer. Any charges for payments from overseas will be passed on to the Guest.

11. Eligibility

Bookings will not be accepted from:
  1. groups of single persons under the age of 25.
  2. all male or all female parties comprising more than three people.

12. The Holiday

The Guest has the right to occupy the property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).

13. The Guest’s Obligations

The Guest agrees:
  1. to pay for any losses or damages to the property caused by the Guest or a member of their party (reasonable wear and tear excluded), unless the cost of making good such loss or damage can be fully recovered under any householder’s insurance policies maintained by the Owners;
  2. to take good care of the property and leave it in a clean and tidy condition at the end of the Holiday. A cleaning service is not provided during the Holiday unless otherwise specified.
  3. not to exceed the total number of people stipulated in the property description - a cot may only be occupied by a child aged 24 months or less;
  4. not to cause an annoyance or become a nuisance to occupants of adjoining premises.

14. Non-availability of Property

If for any reason beyond the Owners’ control the property is not available on the date booked (owing, for example, to fire damage) or the property becomes unsuitable for holiday letting, all rent and charges paid in advance by the Guest will be refunded.

15. Liability

  1. We will not be liable for any accident, damage, loss, injury, expense or inconvenience, whether to person or property, which the Guest or any other person may suffer or incur arising out of, or in any way connected with the rental unless we are responsible. In addition, we accept no liability for loss of or damage to the Guest’s possessions on the Owners’ property or land.
  2. Nothing in these conditions excludes or limits the liability:
    1. for death or personal injury caused by negligence;
    2. for any matter which it would be illegal for us to exclude or attempt to exclude our liability.

16. Brochure Descriptions

Some of the information in the Brochure relates to matters beyond the properties such as shops and public houses. Closure of such premises and other changes to external facilities are outside our control.

17. Complaints

  1. All complaints must be notified to as soon as reasonably practicable, as we may be required to carry out an on-the-spot investigation and if necessary, to take remedial action.
  2. If we are denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the Holiday, then this may result in a reasonable reduction of any compensation which may be payable to the Guest arising out of such a complaint.

18. Pets

  1. Pets are not permitted at The Pole House.
  2. However, we cannot guarantee that there have been no pets previously kept at the property.

19. Inventory

Where an inventory is provided, any discrepancies are to be reported to the Housekeeper within 24 hours of arrival, otherwise the inventory will be deemed to be correct.

20. Linen

Linen is changed between Holidays and a change of linen is provided weekly during Holidays. Towels and tablecloths are also provided.

21. VAT

We are not registered for VAT, so no tax is payable.

22. Breach of Contract

  1. If there is a breach of any of these conditions by the Guest or any of their party, we reserve the right to re-enter the property and end the Holiday and ask the Guest and their party to leave.
  2. If there is a breach of any of these conditions by us, then the Guests have the right to end the Holiday and leave.
  3. Ending the Holiday by either us or the Guest does not affect that party’s other rights and remedies.

23. Governing Law and Jurisdiction

Any dispute will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts.

24. Authority to Sign

The person who completes the Booking Form certifies that:
  1. he or she is authorised to agree the Booking Conditions on behalf of all persons included on the Booking Form, including those substituted or added at a later date;
  2. the signatory is over eighteen years of age and a member of the party intending to occupy the property;
  3. agrees to take responsibility for the party occupying the property.

25. Discrepancies

In case of a discrepancy between these Booking Conditions and any other contents of the Web Site, these Conditions shall prevail, but this shall not limit our liability for failure to supply the accommodation as described on the Web Site.

26. Previous Web Sites

This Web site and these Booking Conditions replace and supercede all previous Web sites and Booking Conditions.

27. Validity Clause

In the event that a court finds that a condition in these Booking Conditions is illegal or void, the illegal or void provision will be severed from the remainder of the Booking Conditions, which will continue to be valid and have full force and effect.
© T.P. Murnaghan 2012