Holiday Letting Agreement
The following words shall have the following meanings throughout this agreement:
The Property: Casa dell'Ava, Pianazzola 167. 23022 Chiavenna (SO), Italy
The Lessor: Richard and Lucy Pash, Mill Farm, Marten, Marlborough, Wiltshire. SN8 3SJ.
The Hirer: The name of the individual making the booking (lead client)
The Term or the Holiday Period: The term agreed in the booking, starting on the first day of the rental period and ending on the last day (inclusive)
The Rent: The rent agreed in the booking
The Booking: A request by the hirer to book the Property made to the Lessor by email, telephone, mail or at www.casadellava.com confirmed by the Lessor.
This RENTAL AGREEMENT comprises the particulars detailed above and the terms and conditions listed below and the booking whereby the property is let by the Lessor and taken by the hirer for the term at the rent.
Terms and conditions
The Lessor grants a licence to the hirer for the term. It is not intended to create the relationship of landlord and tenant between the parties. The licence is personal to the hirer. The property must not be used except for the purpose of a holiday by the hirer and his/her party during the term.
The Lessor permits the hirer to occupy the property for the term for the rent in Clause 2 (Prices) together with use of furnishings, kitchen equipment, crockery, glasses and bedding. The hirer must pay the rent in clause 2.
The contract between the hirer and the Lessor exists from the point at which the Lessor has received the required deposit in cleared funds and a confirmation of the booking has been issued to the hirer by the Lessor.
The rent is given in UK pounds sterling [inclusive of VAT] on the website www.casadellava.com. The price includes what the Lessor regards as reasonable use of heating, electricity and water. For heating this is 4 sacks of heating pellets per week of occupancy of the property. The price does not include transport to the property in Italy, any drinks or meals, or bath towels. Additional sacks of heating pellets cost 5 Euro each.
Payments must be made to the Lessor by cheque or electronic funds transfer or, for non-UK clients, by UK Sterling banker's draft or electronic funds transfer.
A deposit must be paid at the time of booking of 25% of the total rent for the holiday period. However, if a booking is made within 8 weeks of the start of the holiday period, the total rent must be paid at the time of booking. The full balance of the rent is payable not later than 8 weeks before the start of the holiday period and if not received by the Lessor in cleared funds the Lessor reserves the right to cancel the booking, in which case the deposit will be forfeited by the hirer.
- Hirer's Responsibilities
The hirer takes responsibility for ensuring that all members of their party are aware of and comply with this agreement. The hirer shall be responsible for any breach of this agreement by a member of their party.
The hirer is responsible for keeping and leaving the property and its fixtures and fittings in good order and in good condition. The hirer undertakes to pay for any damage and/or any losses incurred during occupation and any extra cleaning costs incurred. The decision as to whether any such damage or loss requires cleaning, repair or replacement shall be the Lessor's decision in their reasonable opinion. The Lessor shall inform the hirer of the relevant cost which the hirer shall reimburse immediately.
The hirer and members of his/her party are expected to behave responsibly, safely and respectfully. Any behaviour in the Lessor's opinion likely to cause distress, damage, injury or annoyance, will be in material breach of this contract. The Lessor reserves the right in their absolute discretion and without notice to terminate the holiday period and this licence if any hirer and his/her party behave in such a manner. In such circumstances, the Lessor will be under no obligation whatsoever to provide a refund of the rent or cleaning charge or any compensation.
If the hirer or a member of his/her party loses a key the Lessor will replace it and the hirer shall be responsible for paying the cost of having a replacement cut.
The hirer and all members of his/her party must:
- allow the Lessor or their agent to enter the property to inspect the state of it on prior appointment save in emergency when immediate access must be granted
- comply with the regulations notified to the hirer from time to time before or during the holiday period
- not do anything or permit anything to be done that would or may result in the insurance of the property becoming void or voidable or the premium on it being increased
- Group size and age
The number of persons occupying the property should not exceed six unless by prior arrangement (there is a sofa-bed in the sitting room that can accommodate an additional two people if needed). The hirer must be over the age of 18.
- Children and Babies
Babies and children are welcome. A cot, toys and childrens' dining chair are available and should be requested at the time of booking. These must be inspected for suitability for the child/baby by the hirer and used in accordance with the instructions.
Pets can be accommodated provided that the hirer agrees this beforehand with the Lessor and that the hirer takes full responsibility for the animals' cleanliness and behaviour. Under no circumstances are animals allowed to climb or sit on the furniture.
Should the hirer fail to keep the animal controlled and allow them to cause nuisance, the Lessor reserves the right to require the hirer immediately to remove the animal from the property and, at the hirer's cost, to repair or clean any damage caused or replace damaged property. The terms of clause [6.2 - repairing/replacing] shall apply.
All pet beds, bowls etc should be brought with the hirer. None are provided.
The Lessor is satisfied that the property from which its service is provided is suited to the purpose for which it is advertised and that the property will be clean and tidy on arrival of the hirer. The hirer's dislike of the property and its fixtures and fittings on grounds of size or taste cannot be accepted as grounds for compensation.
The balconies at the property are used at the risk of the hirer and his/her party. Any children or babies using the balcony must be supervised by an adult at all times.
- Arrivals and Departures
On the first day of the holiday period, the property cannot be accessed before 4pm. To ensure adequate time for preparation of rooms for arriving guests, the hirer and his/her party are asked to leave by 10am on the day of their departure. The Lessor reserves the right to charge a proportion of a further day's rent if the hirer and his/her party have not departed by 10am. Keys must be returned to the Lessor or their agent on departure.
- Lost Property
The Lessor will endeavour to return any item of lost property found in the property.
Small unclaimed items will be returned to the hirer. The Lessor reserves the right to charge the hirer for postage or transportation costs. A discretionary administration charge may also be made to cover the cost of arranging return.
Large, valuable or delicate items requiring high postage or transportation costs will be retained by the Lessor and the hirer will be informed of their discovery. Should the hirer fail to make adequate arrangements for their return, such items shall become the property of the Lessor 45 days after the hirer is informed and will be disposed of as deemed appropriate.
The Lessor is not responsible for items that are not found or are returned in a damaged state.
- Published Information
All information given by the Lessor as to accommodation, prices and services has been given in good faith. The hirer should however be aware that changes outside the Lessor's control might occur between publication of this information and the start of the holiday period. Information that is inadvertently incorrect cannot be accepted as grounds for compensation.
- Alterations to holidays
Wherever possible, the Lessor will attempt to accommodate the hirer's request for alterations to bookings, but these will only be accommodated subject to availability. Such requests can only be made by the hirer.
It is unlikely that the owner will have to make changes to the hirer's booking. Such changes are likely to be minor and the hirer will be advised of such changes at the earliest possible occasion. Should a major change occur, the following alternatives will be offered:
- Accepting the change offered
- Taking an alternative booking date with the Lessor
- Full refund of the rent and deposit
The hirer is the only person authorised to make a cancellation on behalf of a party. Cancellation more than 8 weeks before the commencement of the holiday will result in loss of the deposit which will be retained by the Lessor. After this period (after payment of the balance of the rent) the full amount will be lost and retained by the Lessor. (Make sure that you are insured - see below). If the Lessor is able to resell the term in question, the hirer may be entitled to a part refund, taking account of the price for which it is resold and administration costs.
It is the responsibility of the hirer to ensure that every member of the holiday party is covered by adequate holiday insurance. At the time of payment of the balance of the rent, the hirer will be required to confirm that this has been arranged.
- Force Majeure
For the purposes of cancellation or alteration of a rental booking provided by the Lessor, "force majeure" is any event outside the Lessor's control including (but not limited to) war, political unrest, extreme weather, acts of God, epidemics, riots, civil strife, strikes, industrial disputes, terrorist activity, natural/technical disasters and closure of ports/airports.
Complaints concerning any aspect of this contract will be treated with the utmost seriousness and the Lessor will attempt to resolve the matter quickly. Any complaint must initially be made immediately, during the course of the holiday period by telephone in order to give the Lessor a chance to resolve the matter. The Lessor will attempt to take action to remedy your situation as soon as practicable.
- Disputes and Governing Law
This contract exists under the terms of English Law and both parties shall submit to the non-exclusive jurisdiction of the English Courts. In the unlikely result that any dispute arising out of a holiday cannot be amicably resolved, the Lessor reserves the right to refer the dispute to mediation or arbitration prior to further legal action.
Any notice to be served on the hirer under this agreement may be given:
- During the holiday period by delivery through the letterbox or putting under the front door of the property and shall be deemed to have been received upon the expiration of 24 hours after service
- Before or after the holiday period by sending recorded delivery mail to the hirer at his/her address as notified to the Lessor and shall be deemed to have been received upon the expiration of 48 hours after posting