BOOKING TERMS AND CONDITIONS
These terms and conditions (“Terms”) apply to the Contract.
When you make a booking on our Site, you will be asked to click “I accept” and you will not be able to complete your booking if you do not do this. This confirms that you accept these Terms. LPF strongly recommends that you read the Terms before accepting.
1. Definitions and Interpretations
|“Accommodation”||means the apartment(s) for which the Contract has been agreed;|
|“Cleaning Charge”||means £50 or such other amount as notified to you by LPF from time to time and as set out on the Site at the time of booking;|
|“Contract”||means the agreement formed between you and LPF for the provision of Accommodation subject to the Terms which shall only be made once LPF has provided a message confirming the request for Accommodation;|
|“LPF”||LPF Properties (London),Little Park Farm, The Forehead, Mortimer, RG7 2AR;|
|“Holding Deposit”||means 25% of the Rent;|
|“Inventory”||means the full inventory list for the Accommodation as set out on the Site and in the Tenancy Agreement;|
|“Rent”||means the amount payable in respect of the Accommodation excluding the Cleaning Charge and Security Bond;|
|“Security Bond”||means £200 or such other amount as notified to you by LPF from time to time and as set out on the Site at the time of booking;|
|“Tenancy Agreement”||means the “Tenancy Agreement” as set out at Schedule 1; and|
|“You” or “Your”||means the person, firm or company which has accepted these Terms.|
2.1 LPF offers all Accommodation to you subject to these Terms.
2.2 No booking shall be binding on LPF unless or until you are issued with a confirmation message.
3. Your booking
3.1 You cannot transfer or resell the Contract either in whole or in part. If you transfer or resell (or attempt to transfer or resell) then LPF will be entitled to terminate the Contract and retain any money paid to LPF for the Contract. LPF may also refuse to take any further bookings from you in the future.
3.2 You may make a booking on someone else’s behalf. You are responsible for ensuring that any person in your booking complies with these Terms as if that person had made the booking.
3.3 You can only make a booking if you are 16 years old or over. If you arrive at the Accommodation and are under 16 years of age you will not be permitted to stay alone.
4. Rates and Payment
4.1 The rate for the Accommodation is as published on the Site at the time of the booking.
4.2 The Holding Deposit shall be due at the time of booking unless otherwise advised by LPF and are to be paid via a secure Google account.
4.3 By agreeing to these Terms you are giving your consent to the Tenancy Agreement.
4.4 The Rent, less any Holding Deposit paid, the Security Bond and the Cleaning Charge, together with any other amounts outstanding, are due in full on the date specified in the reminder (“Due Date”) which will be sent to you one month prior to the scheduled date of arrival, or, if the booking is made less than 1 month prior to the scheduled date of arrival, payment is required within 24 hours of the booking, unless otherwise advised by LPF.
4.5 If payment in accordance with Clause 4.4 is not received in cleared funds by the Due Date, the Contract will be cancelled and the Accommodation may be re-let. The Holding Deposit shall be retained by LPF to cover any administrative costs incurred by LPF in relation the Contract.
4.6 When Clauses 4.2 to 4.4 have been complied with, LPF will send to you by email, to the email address you have provided, a unique pin number which will enable you to enter the Accommodation and provide you with directions to the Accommodation.
4.7 Subject to your compliance with these Terms, the Security Bond shall be refunded to you, save where Clauses 4.5, 5.5, 6.5 and 6.6 apply, in which case the Security Bond shall be retained by LPF. LPF will return the Security Bond in accordance with Clause 7.4.
4.8 All payments must be made in GBP. You will be responsible for any bank charges, or commissions incurred as a result of payment in any other currency.
5. Check-in and check-out
5.1 You can check-in from 4.00 p.m. on the scheduled date of arrival. If you wish to check-in earlier, you can do so by buying an extra night at the time of booking.
5.2 You must, as soon as possible after your arrival at the Accommodation, check the relevant Inventory and notify LPF immediately by email of any missing or damaged items.
5.3 You must check-out before 11.00 a.m. on the scheduled date of departure. If you wish to check-out later then you can do so by buying an extra night at the time of booking. If you fail to check-out by the stipulated time, LPF will make an additional charge equivalent to the flexible rate at that time, for one night’s stay for the Accommodation.
5.4 When you arrive and when you depart, you must not disturb other guests and residents and in particular when you arrive or leave between 11.00 p.m. and 6.00 a.m.
5.5 On the day you check-out, you must switch off all electricity switches, shut all the windows and doors, leave the apartment clean and tidy and leave the key(s) in a designated place as notified to you by LPF. If you fail to comply with this Clause 5.5, LPF will charge the amount of any loss to you and shall retain the Security Bond which shall be offset against any amounts due in accordance with this Clause 5.5. For the avoidance of doubt, please note that any such costs are not covered by the Cleaning Charge.
6.1 Maximum occupancy for the Accommodation is as stated on the Site.
6.2 You are not permitted to bring any pets into the Accommodation (except assistance dogs).
6.3 You will not leave children unattended in any rooms or public areas at any times.
6.4 LPF will use its reasonable endeavours to provide a dedicated smoking area outside the Accommodation but shall not be held to be in breach of these Terms for failure to do so. You must not smoke in any of LPF’s Accommodation or interfere with LPF’s fire detection system. If you do so, LPF may terminate the Contract without refund and require you to leave the Accommodation immediately. You authorise LPF to charge you for any costs LPF incur if you smoke or cause damage in the Accommodation including costs for specialist cleaning (to make the Accommodation fit for letting as a non-smoking environment) and the cost of the Accommodation for any time period it is unusable. You authorise LPF to charge this amount to the payment card used in your booking where these costs exceed the Security Bond. LPF will send you (at the address on the booking) a breakdown of these charges within 10 working days. LPF may refuse to accept bookings from you in future as a result of a failure to comply with this Clause 6.4.
6.5 You are responsible for any damage howsoever caused to the Accommodation or furnishings. If any act, default or neglect by you or your guests results in any damage or complaints from other guests or residents, you shall be liable to pay to LPF on demand the amount required to make good or remedy such damage. LPF shall retain the Security Bond which shall be offset against any amounts due in accordance with this Clause 6.5. For the avoidance of doubt, please note that any such costs are not covered by the Cleaning Charge.
6.6 For the duration of your stay you are responsible for the behaviour and orderly conduct of guests staying in the Accommodation. You shall ensure that no noise or nuisance is caused to other guests or neighbours and in particular you shall ensure that noise in and around the Accommodation including any public areas is kept to a minimum between:
Weekdays: 11pm to 8am
Weekends: 11pm to 10am
You shall not under any circumstances hold any parties or events at the Accommodation at any time for the duration of your stay. In the event that you or your guests are found to be in breach of this Clause 6.6, LPF reserves the right to retain the Security Bond and the provisions of Clause 6.7 will apply.
6.7 In the event of willful or negligent interruption to the business or other guests, LPF will charge the amount of any loss to you and terminate the Contract immediately. LPF will not be liable for any refund or compensation in such circumstances and the Security Bond will be retained by LPF which shall be offset against any amounts due in accordance with this Clause 6.6. For the avoidance of doubt, please note that any such costs are not covered by the Cleaning Charge
7.1 In the event that you cancel the Contract:
7.1.1 you will still be charged in accordance with Clause 4;
7.1.2 where you have paid a Security Bond or Cleaning Charge, this will be returned to you in accordance with Clauses 4.7 and 7.4; and
7.1.3 LPF may re-let the Accommodation.
7.2 In the event that the Accommodation is unavailable on your scheduled arrival date (except due to an event beyond LPF’s control in accordance with Clause 9), LPF will inform you as soon as reasonably practicable. LPF shall use its reasonable endeavours to:
7.2.1 provide alternative Accommodation. If the alternative Accommodation is less than the amount paid by you, LPF shall refund the difference in price; or
7.2.2 at your request, or if in the reasonable opinion of LPF there is no suitable alternative Accommodation available, cancel the Contract and refund any payments made in respect of the unavailable Accommodation.
7.3 LPF shall not be liable for any additional costs incurred by you as a result of the occurrence of any event in Clause 7.2
7.4 Any refund made under these Terms, where the payment method used to make the booking was a Google account, will normally be made within 3 working days of departure or cancellation. In the event that an alternative payment method was used to make the booking, any refund made under these Terms will paid by postal cheque or by bank transfer to a UK bank account and will normally be made within 10 working days of receipt of the relevant payment details from you.
8. Changing your booking
8.1 You may increase the length of stay, subject to availability and payment for any additional nights at rate applicable at the time the amendment was made. Any such amendments should be made through the Site.
9.1 LPF have tried to ensure that any rights that you as a consumer have that are implied by law into a contract of this type (“Statutory Right(s)”) are not excluded or limited in anyway. If any of these Terms conflict with a Statutory Right or the law changes and your Statutory Rights change, then the Statutory Rights will prevail over these Terms. Page 4 of 11
9.2 LPF shall not be in breach of these Terms, nor liable for any failure to perform any of its obligations in relation to the Contract due to any adverse event, act, omission or accident which happens which is beyond LPF’s reasonable control including, but not limited to, flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, interruption or fire (except by way of LPF’s default) or failure of (except by way of LPF’s default) electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.
9.3 LPF’s total liability for any loss shall not exceed twice the total sum LPF charges you for the Contract. LPF shall not be liable for any losses that were not caused by any breach of Contract or statutory duty or negligence on the part of LPF and LPF shall not be liable for any losses that were not reasonably foreseeable to both parties when the Contract was formed. Nothing in these Terms shall exclude or limit LPF’s liability for fraud or death or personal injury caused by LPF’s negligence or any other matter which it would be illegal for LPF to (or attempt to) exclude or limit.
9.4 A party which is not a party to the Contract shall have no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.
9.5 LPF reserve the right to change these Terms from time to time. The Terms applicable to the booking are those in force on the date of the booking (or amendment, as applicable).
9.6 These Terms are governed by the laws of England and Wales and the parties hereby submit to the exclusive jursdiction of the English Courts.
10.1 If you have any question or complaint in relation to the Contract or these Terms please contact firstname.lastname@example.org and we will respond to you as quickly as we can, normally within 5 working days.
10.2 All postal correspondence required under these Terms must be sent to Holiday Lets London, Basement Flat 1, 214 Hammersmith Grove, London, W6 7HG.
10.3 All telephone communication required under these Terms must be made to: the office telephone number 0208 7435331; or the mobile telephone number 07956 568227.
10.4 All email correspondence required under these Terms must be sent to email@example.com.
10.5 All fax communication required under these Terms must be sent to 0208 7113592.
FOR A FURNISHED HOUSE OR FLAT FOR A HOLIDAY
|DATE||The date of the formation of the Contract;|
|PARTIES||1. THE Landlord means “LPF”;|
|2. THE Tenant means “you”;|
|PROPERTY||the Accommodation and the Fixtures, Furniture and Effects in the Property listed in the Inventory;|
|TERM||the term of rental of the Accommodation as agreed in accordance with the Terms;|
|RENT||as set out in the Terms;|
|PAYABLE||in accordance with the Terms;|
|FIRST PAYMENT||to be made in accordance with the Terms.|
1. THE Landlord lets the Property to the Tenant to use for a holiday for the Term at the Rent payable as set out above.
2. THE Tenant agrees with the Landlord:
2.1 To pay the Rent as set out above.
2.2 Not to alter or add to the Property or do or allow anyone else to do anything on the Property which the Tenant might reasonably foresee would increase the risk of fire.
2.3 Not to do or allow anyone else to do anything on the Property which may be a nuisance to, or cause damage or annoyance to, the tenants or occupiers of any adjoining premises or which may adversely affect the energy efficiency rating or the environmental impact rating of the Property for the purposes of an energy performance certificate.
2.4 To use the Property and Fixtures, Furniture and Effects as a reasonable tenant would and to replace if necessary any items of the Fixtures, Furniture and Effects which have been damaged or destroyed by the Tenant, a member of the Tenant’s family or a guest of the Tenant or of the Tenant’s family.
2.5 Not to remove any of the Fixtures, Furniture and Effects from the Property and to leave the Furniture and Effects at the end of the tenancy where they were at the beginning.
2.6 Not to assign, sublet or part with possession of the Property in any way without the consent of the Landlord.
2.7 To use the Property as a private holiday residence only. This means the Tenant must not carry on any profession, trade or business at the Property or use it has a permanent residence and must not allow anyone else to do so.
2.8 To allow the Landlord or the Landlord’s agents to enter and view the Property with prospective tenants at reasonable times of the day if the Landlord has given 24 hours’ written notice beforehand.
2.9 At the end of the Term or earlier if the tenancy comes to an end more quickly to deliver the Property and the Fixtures, Furniture and Effects up to the Landlord in the condition they should be in if the Tenant has performed the Tenant’s obligations under this Agreement.
3. IF the Tenant –
3.1 is at least seven days late in paying the Rent or any part of it, whether or not the Rent has been formally demanded; or
3.2 has broken any of the terms of this Agreement;
then, subject to any statutory provisions, the Landlord may recover possession of the Property and the tenancy will come to an end. Any other rights or remedies the Landlord may have will remain in force.
(Note: This clause does not affect any rights of the Tenant under the Protection from Eviction Act 1977. A tenancy the purpose of which is to give the Tenant the right to occupy property for a holiday is not an “assured tenancy” within the Housing Act 1988.)
4. THE Landlord agrees with the Tenant –
4.1 That the Tenant has the right to possess and enjoy the Property during the tenancy without any interruption from the Landlord or any person claiming through or in trust for the Landlord. But:
4.1.1 this clause does not limit any of the rights under this Agreement which the Tenant has agreed to allow the Landlord to exercise;
4.1.2 this clause does not prevent the Landlord from taking lawful steps to enforce his rights against the Tenant if the Tenant breaks any of the terms of this Agreement.
4.2 To pay all reasonable charges in respect of the Property except those which by the terms of this Agreement the Tenant has expressly agreed to pay and to pay to the Tenant the amount of any such charge which another person has compelled the Tenant to pay.
5. IF section 11 of the Landlord and Tenant Act 1985 applies to the tenancy, the Tenant’s obligations are subject to the effect of that section.
(Note: As a general rule, section 11 applies to residential tenancies for a term of less than seven years. It requires the landlord to keep in repair the structure and exterior of the dwelling house including drains, gutters and external pipes; and to keep in repair and proper working order the installations for the supply of water, gas and
electricity, for sanitation (including basins, sinks, baths and sanitary conveniences) and for space heating and heating water. The landlord is not obliged to repair until the tenant has given notice of the defect, and the tenant is obliged to take proper care of the Property and to do small jobs which a reasonable tenant would do.)
6. IF the property is damaged to such an extent that the Tenant cannot live in it, the Rent will cease to be payable until the Property is rebuilt or repaired so that the Tenant can live there again unless:
6.1 the cause of the damage is something which the Tenant did or failed to do as a result of which the Landlord’s insurance policy relating to the Property has become void; and
6.2 the Landlord had given the Tenant notice of what the policy required.
Any dispute about whether this clause applies must be submitted to arbitration under Part 1 of the Arbitration Act 1996 if both parties agree to that in writing after the dispute has arisen.
7. WHERE the context permits –
7.1 “The Landlord” includes the successors to the original landlord.
7.2 “The Tenant” includes the successors to the original tenant.
7.3 “The Property” includes any part of the Property or the Fixtures, Furniture and Effects.
8. NOTICE OF LANDLORD’S ADDRESS
8.1 The Landlord notifies the Tenant that the Tenant may serve notices (including notices in proceedings) on the Landlord at the following address: LPF Properties (London),Little Park Farm, The Forehead, Mortimer, RG7 2AR.