Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of any insurance policy you may have. Claims must be made directly to the insurance company concerned.
6 Changes and cancellation by us
Occasionally, we have to make changes to and correct errors on our website descriptions and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
If we have to make a significant change to or cancel your booking, we will tell you as soon as possible. We will endeavour to offer you an alternative should a significant change or cancellation occur.
We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
Very rarely, we may be forced by “force majeure” (see Clause 7) to change or terminate your stay after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.
7 Force Majeure
We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In this Agreement, “force majeure” means any event which we could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
8 Interest
Where the rent or any other sum due by the Tenant under this Agreement is in arrears, whether legally demanded or not, the Landlord shall be entitled to charge interest at the rate of 4% above the prevailing base rate of the Bank of England on the outstanding sum from the date when the same became due until the date of payment.
9 Insurance
9.1 At all times throughout the Term the Landlord shall effect suitable building insurance cover for the Property and shall insure the Landlord’s fixtures, fittings and effects against loss or damage by fire and any other risks he decides to insure against from time to time, with an insurance office of repute for the full cost of reinstatement.
9.2 The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance effected by the Landlord for the Property and the Landlord’s fixtures, fittings and effects may become void or voidable or by which the rate of premium on any such policy may be increased.
9.3 It is strongly recommended that you take out adequate travel insurance. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs.
10 Quiet Possession
The Landlord agrees not to interrupt or interfere with the Tenant’s right to quiet possession and enjoyment of the Property.
11 Underletting
11.1 The Tenant must not assign, underlet or part with or share possession of the Property or any part of it.
11.2 Only those persons whose name appears on the Booking Form may use the property. If more persons have been using the property than named on the Booking Form, the Tenant will be liable to a fine of £100 and may face eviction. The substitution of persons during the rental period is forbidden unless previously agreed.
11.3 The number of persons (adults and children) must not exceed the number of sleeping places indicated on the website (currently six).
12 Use of Property
The Tenant shall use the Property for the purpose of a private holiday residence and not for any other purpose whatsoever and the Tenant must not use the Property or any part of it for any improper, immoral or illegal purposes.
13 Advertisements
The Tenant must not display notices or advertisements in the windows , on the balcony or elsewhere on the Property.
14 Behaviour
The Tenant shall not (nor allow others to) cause nuisance or annoyance to the Landlord, other tenants or any neighbours.
You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct to us at the time. If you fail to do so, you will be responsible for meeting any legal costs we incur in full in recovering full payment from you.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to the property, or in any way damage the reputation and/or goodwill of the Owner, we are entitled, without prior notice, to terminate the occupation of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation. We will have no further responsibility toward such person(s). No refunds will be made (including Security Deposit) and we will not pay any expenses or costs incurred as a result of the termination.
15 Damage
The Tenant shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Property or adjoining property.
16 Alterations to Property
The Tenant shall not (nor allow others to) make any alterations or additions to the Property or its decorations, fixtures or fittings and the Tenant shall not (nor allow others to) remove any of the items specified in the Inventory or any of the Landlord’s possessions, from the Property.
17 Maintenance
17.1 The Tenant shall keep any fixtures, fittings and effects of the Landlord in good repair and condition. Any damaged fixtures, fittings and effects will need to be replaced with similar articles of at least equal value (either from the Security Deposit or alternative payment method), reasonable wear and tear and damage by accidental fire excepted.
17.2 The Tenant must not move any items of furniture from room to room in the Property and must replace in its original position any furniture that is moved within rooms.
17.3 The Tenant must keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns or pipes.
18 Pets
The Tenant shall not keep or allow pets of any kind at the Property without written permission from the Owner.
19 Reporting Disrepair
The Tenant must report to the Landlord any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances.
20 Rights of Access
The Tenant must allow the Landlord, his agent or contractors access to the Property at reasonable hours during the day, to inspect the condition of the Property or to carry out repairs or other works to the Property that may be necessary during the Term pursuant to the Landlord’s repairing obligations or to carry out maintenance of the appliances or to execute all work necessary to remedy the Tenant’s breach of any covenant contained in this Agreement regarding repair, maintenance or decoration. The Landlord shall normally give at least 24 hours’ notice but the Tenant shall give immediate access in an emergency.
21 Suspension of Rent
If the Property or any part of it is damaged or destroyed by fire or any of the risks insured against by the Landlord so that the Property is not habitable, the Rent shall be suspended or a partial abatement allowed to the nature and extent of the damage and destruction until the Property has been reinstated and is fully habitable again. If the rent for the period of suspension has been paid in advance the Landlord will repay it or a fair proportion of it to the Tenant.
22 End of the Term
The Tenant must deliver up the Property at the end of the Term in the same clean state and condition it was in at the beginning of the Term, reasonable wear and tear and damage by insured risks excepted.
23 Re-entry
23.1 If at any time during the Term:
(i) the Rent or any part of it is unpaid for more than 14 days after it is due, whether formally demanded or not, or
(ii) there is a breach of any other of the Tenant’s obligations under this Agreement, or
(iii) the Property is left unoccupied for more than 14 days continuously otherwise than by prior agreement with the Landlord,
then the Landlord may recover possession of the Property and this Agreement shall end but without prejudice to any of the Landlord’s other rights and remedies in respect of any outstanding obligations on the part of the Tenant.
23.2 The Tenant is not allowed under any circumstances to re-enter the property after 10:00 on date of departure unless specifically agreed with the Landlord.
24 Safety Regulations
24.1 The Landlord confirms that all furniture and furnishings comply with the relevant fire safety regulations.
24.2 The Landlord shall ensure that all gas appliances, flues and installation pipe work in the Property are checked by a British Gas or CORGI registered technician on an annual basis and that a record is kept stating the defects found (if any) and the remedial action taken.
24.3 The Landlord confirms that all electrical appliances and equipment supplied by him are safe so as not to cause danger.
25 Notices
Any notice to be served under this Agreement may be delivered by hand or may be sent by registered post, recorded delivery or email. If served on the Tenant, a notice should be served at the Property or sent to any fax number or email address intimated by the Tenant, and if served on the Landlord or his Agent should be served at 34 Boundary Road, Hove BN3 4EF, or sent by email to hello@yourbrightonholiday.com
26 Our Liability to you
26.1 We promise to provide your accommodation with reasonable skill and care. We do not accept responsibility if any death, personal injury, failure or deficiency of your accommodation arrangements is not caused by any fault of ours. When we talk about “fault” above, this means failure by ourselves to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
(i) the fault of the person(s) affected or any member(s) of their party or
(ii) the fault of a third party not connected with the provision of your accommodation by us which we could not have predicted or avoided or
(iii) an event or circumstance which could not have predicted or avoided even after taking all reasonable care (see Clause 7)
In addition, we will not be responsible where you do not enjoy your stay or suffer any problems because of a reason you did not tell us about when you booked your stay or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or any losses, expenses, costs or other sum you have suffered in relation to any other business.
Please note, we cannot accept responsibility for any services that do not form part of our contract. This includes, for example, any additional services or facilities any other supplier agrees to provide for you.
26.2 The promises we make to you about the accommodation we have agreed to provide or arrange as part of our contract—and the laws and regulations of the country in which your claim or complaint occurred—will be used as the basis for deciding whether the accommodation in question had been properly provided. If the particular accommodation which gave rise to the claim or complaint complied with local laws and regulations applicable to those accommodation at the time, the accommodation will be treated as having been properly provided. This will be the case even if the accommodation did not comply with the laws and regulations of the UK which would have applied had that accommodation been provided in the UK.
26.3 *We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your stay.
*Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £35 per person affected as you are assumed to have taken out adequate insurance at the time of booking.
27 Complaints and problems
27.1 In the unlikely event that you have any reason to complain or experience any problems with your stay whilst away, you must inform us as soon as possible. Any verbal notification must be put in writing and given to us within 24 hours of the complaint arising. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly—you are obliged to give us sufficient time to address the complaint. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
27.2 Should there be no written complaint supplied as above specified and you leave the accommodation prematurely and without an explicit authorisation by us, you forfeit your rights for a refund of the rental price, unless the terms of this contract have been breached. Complaints received at the end of the stay will not be taken into consideration and no refunds will be given.
27.3 Please note that the property is not an official tourist structure, such as an hotel, residences, etc. but a private dwelling. Being such, there is no standard or categories that are internationally recognised, indeed it reflects the architecture and furnishings, the local traditions and the personal taste of the owner. This is precisely the kind of holiday that we offer: the chance to partake in the culture of the area chosen, living for a few nights in the same surroundings as an inhabitant would. We cannot however exclude the possibility that these differences can sometimes result in minor inconveniences—due to the special nature of its architecture and of traditions in the area—but which cannot be accepted as complaints.
28 Special requests and medical problems
If you have any special request, you must advise us at the time of booking and clearly note it in the extra information section of the booking form. Although we will endeavour to meet any reasonable requests we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you or any member of your party has any medical problem or disability that may affect your stay, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
29 Passports, visas and health requirements
It is your responsibility to ensure that you are in possession of all necessary travel and health documents (including Passports and Visas (where applicable) before departure. You must pay all costs incurred in obtaining such documentation. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.
By proceeding with the booking, the Landlord agrees to let the Property and the Tenant agrees to take the Property for the Rent and Term in accordance with the conditions stated within this document.
