TERMS AND CONDITIONS OF BOOKING
1 DEFINITIONS AND INTERPRETATION
1.1 In this Agreement:
Additional Charges means any additional and incidental charges and/or costs (including, but not limited to, the provision of Additional Services) incurred by the Owner on behalf of the Visitor in relation to the Booking; and will be included in the final invoice within 14 days of the end of the Stay. These additions may be subject to a handling fee by the Owner;
Additional Service means any service or supply which is not specifically included in the Stay Fee (as identified in the Booking Confirmation), including (without limitation) the provision of catering and alcoholic beverages (outside of the “welcome” bar) and groceries;
Arrival Date means as per the Booking Confirmation;
Booking means the Visitor and Guests’ stay at the Property during the Stay Period as agreed in this Agreement;
Booking Confirmation means the booking confirmation document attached to, and forming part of, this Agreement;
Booking Deposit means 50% of total stay;
Check-In Time means as per the Booking Confirmation;
Check-Out Time means as per the Booking Confirmation;
Damage Deposit means as per Booking Confirmation;
Departure Date means as per the Booking Confirmation;
Furnishings means the furnishings, art and antiques, furniture, bedding, equipment and other items located at the Property;
Guests means guests of the Visitor who will be present at the Property for all or part of the Stay Period, numbering no more than the number specified in the Booking Confirmation and whose names have been provided in advance of the Stay Period to the Owner;
House Manager means the senior member of the Property staff team on duty each day, as made aware to the Visitor;
House Rules means the rules applicable to the Visitor’s and Guests’ use of the Property, as contained in this Agreement, and such other rules as may be communicated by the Owner or House Staff to the Visitor and/or Guests before or during the Stay Period;
House Staff means the staff team (including the House Manager) on duty each day at the Property, as made aware to the Visitor;
Licence means the licence to occupy the Property conferred by this Agreement;
Property means the permitted areas (but not the excluded areas) at Newton Surmaville, Yeovil, BA20 2RX, as set out in the Schedule;
Repair Invoice means an invoice prepared by the Owner (in consultation with an independent expert if necessary) for the cost of making good any loss or damage to the Property and/or the Furnishings (other than fair wear and tear) caused by the Visitor or Guests or their authorised suppliers during the Stay Period, including the cost of instructing any experts plus VAT (if applicable);
Stay Fee means as per the Booking Confirmation, but excluding the Additional Charges; and
Stay Period means the period from the Check-in Time on the Arrival Date until the Check-out Time on the Departure Date.
2 NATURE OF THE AGREEMENT
2.1 Under this Agreement a Licence is granted by the Owner to the Visitor and is not intended to create the relationship of landlord and tenant between the parties.
2.2 The Visitor and Guests shall not be entitled to a tenancy or to any statutory security of tenure now or when this Licence ends.
2.3 This Agreement incorporates the Booking Confirmation.
3 LICENCE TO OCCUPY
The Owner permits the Visitor and Guests to use the Property for the Stay Period in return for the Stay Fee and any Additional Charges.
4 PAYMENT
4.1 The Visitor must pay 50% of the total stay fee in cleared funds to the Owner on signing this Agreement.
4.2 The Visitor must pay:
4.2.1 the Stay Fee (less the Booking Deposit if it has already been paid); and
4.2.2 the Damage Deposit,
in cleared funds to the Owner, not less than 60 days before the Arrival Date.
4.3 The Visitor and Guests must vacate Newton Surmaville House and surrounding premises and land forming the Property, with all their effects, not later than the Check-Out Time on the Departure Date.
4.4 If the Visitor or Guests fail to vacate the Property in accordance with clause 4.3 the Visitor shall, without prejudice to the rights of the Owner, pay to the Owner an additional fee (calculated proportionately by reference to the Stay Fee) for each day or part of a day of overstay.
4.5 After the Stay Period the Visitor will pay, within seven days of receiving an invoice from the Owner, the Additional Charges which have not otherwise been paid or deducted from the Damage Deposit.
5 CANCELLATION
5.1 If the Visitor cancels the Booking:
5.1.1 more than 12 weeks before the Arrival Date, the Visitor shall be repaid the Booking Deposit, the balance of the Stay Fee and the Damage Deposit (to the extent such sums have already been paid) less a charge of 5% of the total Stay Fee in respect of the Owner’s administrative costs in dealing with the Booking and its cancellation;
5.1.2 12 weeks or less, but more than 60 days, before the Arrival Date, the Visitor shall be repaid the balance of the Stay Fee and the Damage Deposit (to the extent that such sums have already been paid), but the Owner may retain the Booking Deposit in full. If the Owner is able to secure a replacement booking for some or all of the Visitor’s Stay Period then the Owner shall repay to the Visitor a pro-rated amount, or the full amount, of the Booking Deposit (depending on whether the replacement booking is for some or all of the Stay Period), provided that the Owner may retain 5% of the total Stay Fee as a charge in respect of the Owner’s administrative costs in dealing with the Booking and its cancellation; or
5.1.3 60 days or less before the Arrival Date, the Owner shall repay any Damage Deposit which has already been paid, but may retain the Booking Deposit and the balance of the Stay Fee which has been paid. If the Owner is able to secure a replacement booking for some or all of the Visitor’s Stay Period then the Owner shall repay to the Visitor a pro-rated amount, or the full amount, of the Booking Deposit and balance of the Stay Fee (depending on whether the replacement booking is for some or all of the Stay Period), provided that the Owner may retain 5% of the total Stay Fee as a charge in respect of the Owner’s administrative costs in dealing with the Booking and its cancellation.
5.2 If the Visitor cancels the Booking at any point before the Arrival Date the Visitor shall, on receipt of a valid invoice from the Owner, refund the Owner for all catering, beverage and other costs (plus VAT, if applicable) incurred by the Owner in connection with the preparation and planning of the Booking.
5.3 The Owner may cancel the Booking at any point before the Arrival Date by notifying the Visitor in writing and, in this case, will promptly repay to the Visitor the Booking Deposit, and the balance of the Stay Fee and the Damage Deposit in full.
6 VISITOR’S OBLIGATIONS
6.1 The Visitor will, and will ensure that the Guests will:
6.1.1 not mark or otherwise damage the Property and the Furnishings (except for fair wear and tear), and will ensure they are kept in the condition they were in on the Arrival Date;
6.1.2 not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any occupier of adjoining or neighbouring premises;
6.1.3 not do or permit any act that would invalidate or increase the premium payable under any insurance policy covering the Property and neighbouring land and Furnishings;
6.1.4 not do or permit anything to be done which causes the Property, including without limitation the garden grounds, to cease being in a clean and tidy condition;
6.1.5 indemnify the Owner from and against all losses, claims, actions, proceedings, damages, costs and expenses and any other liability arising in any way from any breach of the Visitor’s obligations under this Agreement or the use of Property and Furnishings by the Visitor, Guests and contractors/suppliers;
6.1.6 vacate the Property by the Departure Date;
6.1.7 not use the Property and Furnishings otherwise than in an appropriate, responsible and reasonable manner, nor otherwise than for their intended purpose;
6.1.8 where third-party suppliers or staff are carrying out works or services at the Property at the request of the Visitor or Guests, they must be approved by the Owner and, where applicable, provide food hygiene certificates, PAT certificates and proof of public liability insurance to the sum of at least £5 million, or other applicable qualifications required by the Owner as appropriate;
6.1.9 ensure that Guests and any third-party suppliers are aware of, and abide by, the House Rules and terms stipulated in this Agreement;
6.1.10 not sublet the Property or any part of it;
6.1.11 not exceed the maximum number of Guests described in the Booking Confirmation, or otherwise as has been agreed with the Owner;
6.1.12 keep the garden tidy and not pick or pull up any shrubs, flowers or plants;
6.1.13 not alter, decorate or dress any of the rooms or buildings at the Property;
6.1.14 use only one item of electrical apparatus per outlet plug, not connect additional electrical apparatus to the electrical system and not extend the electric wiring or overload the electrical system;
6.1.15 not light any fire except in the fireplaces and with agreement of House Staff; and
6.1.16 maintain, or allow the House Staff, to maintain the Property in the condition in which the Owner provides it, and to allow the Owner or its agents access to the Property for reasons of inspection or maintenance.
7 AGREEMENTS
7.1 The Owner will not be responsible for, or pay compensation for, any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
7.1.1 the act(s) and/or omission(s) of the person(s) affected;
7.1.2 the act(s) and/or omission(s) of a third party unconnected with the provision by the Owner of the services contracted for and which were unforeseeable or unavoidable;
7.1.3 unusual or unforeseeable circumstances beyond the Owner’s or its suppliers’ control, the consequences of which could not have been avoided even if reasonable care had been exercised; or
7.1.4 an event which either the Owner or its suppliers could not, even with reasonable care, have foreseen.
7.2 The Owner will accept no liability for the loss, destruction, damage or theft of any personal belongings of anyone staying or visiting the Property except where deliberately caused by the Owner.
7.3 The Visitor and Guests should check for all personal belongings before departing the Property. Any items left behind by the Visitor or Guests can be collected during working hours by prior arrangement with the House Manager or can be posted at the recipient’s expense. Once the goods are posted the Owner will not accept responsibility for any lost or damaged goods. Lost property will be held for 30 days and may then be disposed of as the Owner deems appropriate.
7.4 It is the Visitor’s responsibility to check for missing items of laundry.
7.5 The Owner, or anyone with the authority of the Owner, may have access to any part of the Property after reasonable notice to the Visitor (except in the case of an emergency when no notice will be required).
7.6 The Owner may refuse admission to the Property for any person upon reasonable grounds (including, without limitation, where that person is breaching (or the Owner reasonably believes is likely to breach) the House Rules or other terms of this Agreement). The Owner may also prevent access to the Property in respect of anyone who is not on the guest list.
7.7 Nothing in this Agreement shall exclude the Owner’s liability for death or personal injury arising from its negligence, nor for liability arising from the Owner’s fraud or fraudulent misrepresentation.
8 USE, PARTIES, PETS & SMOKING
8.1 The Licence is personal to the Visitor. The Visitor must use the Property only for the purpose of a holiday during the Stay Period by the Visitor and the Guests, and not for any other purpose or any longer period.
8.2 The Licence is granted solely for the purpose of the Visitor and Guests enjoying a holiday. No parties or events may be held at the Property unless the Owner has given prior written authority. Any such authority will be conditional on the payment of an additional security deposit and/or evidence of appropriate insurance. Breach of this clause 8.2 entitles the Owner to terminate this Agreement without any prior notice, refund or other liability of any nature.
8.3 Pets or other animals are not permitted to stay at, or visit, the Property unless the Owner has given prior written authority. Any such authority will apply solely to the pet(s) or animals specifically authorised and will be conditional on the payment of an additional damage deposit and/or evidence of appropriate insurance. Breach of this clause 8.3 entitles the Owner to terminate this Agreement without any prior notice, refund or other liability of any nature.
8.4 In accordance with law, smoking is not permitted in the Property (other than within specified areas). The permitted smoking areas will be identified by the House Staff upon guest arrival. Any incident of smoking identified in the Property (other than within the authorised areas) will incur an Additional Charge for cleaning of £500 per room to be settled upon departure or immediately upon discovery by the House Staff.
9 CHILDREN
9.1 All children under 12 years of age must be supervised by an adult at all times and the Owner accept no responsibility for any accidents.
10 OWNER’S OBLIGATIONS
The Owner will allow the Visitor and Guests enjoyment and use of the Property for the Stay Period free of unreasonable interruption except in an emergency.
11 ACTIVITIES
11.1 The Visitor and Guests acknowledge that they will participate in all leisure, sporting or other activities during the Stay Period and/or at the Property at their own risk. Neither the Owner nor its employees accept any responsibility for any loss, damage or injury suffered by the Visitor or Guests as a consequence of participation in any leisure, sporting or other activities during the Stay Period and/or at the Property.
11.2 The Visitor and Guests will take due care around the river and ponds at the Property. Neither the Owner nor its employees accept any responsibility for any loss, damage or injury suffered by the Visitor or Guests as a consequence of using, or being close to, these areas of water.
11.3 If the Owner or its employees organise activities with third parties on behalf of the Visitor and Guests, the Owner and its employees accept no responsibility for any loss, damage or injury suffered by the Visitor and/or Guests as a consequence of these activities since the Owner and its employees will simply be facilitating the activities as an agent on behalf of the Visitor and Guests. The activities will actually be provided by third party service providers pursuant to a contract directly between the Visitor and Guests and the service provider. Any fees incurred to the supplier due to lateness, last minute cancellation or guest numbers being less on the day must be resolved directly by the Visitor with the supplier.
12 FIRES
12.1 The Visitor and Guests should take due care with open fires and not leave any open fires unattended.
12.2 If a fire alarm is triggered, the Visitor and Guest should follow the instructions of the House Staff.
13 CATERING
13.1 If the Visitor requests the provision of catering and/or serving staff, and the Owner agrees to provide them, such provision will be an Additional Service which is subject to an Additional Charge (as advised by the Owner to the Visitor).
13.2 All food is prepared in a kitchen where nuts, gluten and other allergens are present. The Visitor must inform the Owner and relevant third-party suppliers of any dietary requirements and allergies at least 14 days before the start of the Stay Period.
14 CONTENTS AND DAMAGE
14.1 The Visitor and Guests acknowledge that the Property is a private home and that the Property and the Furnishings are important not just for their monetary value but also because of their historical association to the Owner.
14.2 The Visitor and Guests agree to respect the Property and the Furnishings and treat them with the utmost care during the Booking.
14.3 If the Visitor or Guests cause any damage to the Furnishings or the Property, they should notify the House Manager immediately.
14.4 The Visitor hereby agrees that it is liable for any loss or damage to the Property and/or the Furnishings (other than fair wear and tear) caused by the Visitor or Guests or the Visitor’s approved suppliers, and agrees to compensate the Owner for any such loss and damage suffered.
14.5 If loss or damage is suffered and reported to the Owner under Clauses 14.3 and 14.4:
14.5.1 the Owner will issue a repair invoice to the Visitor;
14.5.2 the Owner may deduct the value of the repair invoice from the Damage Deposit. If the Damage Deposit is not enough to meet the cost of the repair, the Visitor will pay to the Owner, in full and within 14 days of demand, the amount specified in the repair invoice;
14.5.3 the Visitor will not contest the amount of the repair invoice except in the case of obvious error by the Owner; and
14.5.4 the Owner will issue the repair invoice on completion of the repair works undertaken, or beforehand as a deposit should the chosen supplier demand.
14.6 The Owner is entitled to deduct all charges incurred by the Visitor and Guests whilst staying at the Property (for example, Additional Charges for any Additional Services) and the cost of any loss, damage or breakages from the Damage Deposit. Subject to any such deductions, the Damage Deposit will be refunded to the Visitor within four weeks after the Visitor and Guests’ departure from the Property.
15 KEYS
The Visitor must return to the Owner any keys on loan from the Owner to the Visitor prior to departure.
16 PHOTOGRAPHY AND SOCIAL MEDIA
16.1 The Visitor and/or Guests may not use any photographs or films made at the Property during the Stay Period for commercial use without the Owner’s prior written approval.
16.2 If requested by the Owner, the Visitor will promptly remove any material posted on social media by the Visitor or Guests about the Property or the Booking deemed inappropriate by the Owner (acting reasonably).
17 EARLY TERMINATION
17.1 This Agreement may be terminated before the end of the Stay Period by the Owner (acting reasonably), without notice, if the Visitor is in material breach of the terms of this Agreement or if the Property and Furnishings (or any material part of the Property and/or Furnishings) become damaged or are at risk of being damaged.
17.2 In the case of termination of this Agreement, otherwise than by reason of the Visitor’s default, the Owner shall return to the Visitor the appropriate proportion of the Stay Fee attributable to the then unexpired remainder of the Stay Period. If, during the Stay Period, the Visitor wishes to terminate this Agreement without the Owner being at fault, the Visitor shall not be entitled to the return of a proportionate amount of the Stay Fee since the Owner will be unable to find a replacement booking at short notice. The Visitor may receive a repayment of any Damage Deposit, subject to clause 14.6.
18 SEVERANCE
If any term of this Agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall, to that extent, be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
19 JURISDICTION
The Owner and the Visitor agree that this Agreement shall be exclusively governed by and interpreted in accordance with the laws of England and Wales and to submit to the exclusive jurisdiction of the English courts.
20 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
20.1 This Agreement shall not operate to confer any rights on any third party and no person other than the parties to it may enforce any provision of this Agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.
20.2 This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior discussions and agreement between the parties or on their behalves.
20.3 No alteration of this Agreement will be binding on either party unless in writing and signed by an authorised representative of the Owner and the Visitor.
21 FORCE MAJEURE
The Owner will not be liable for failure to comply with any of the terms and conditions of this Agreement to the extent that such compliance is prevented, hindered or delayed by any cause beyond its reasonable control, including but not limited to fire, storm, explosion, flood, act of God and action of any government or government agency. The Owner will not be liable for any interruption to the supply of utilities such as electricity, water, sewage, internet etc.
22 NON-SOLICITATION
The Visitor shall not directly or indirectly solicit or entice away (or attempt to solicit or entice away) from the employment of the Owner any person employed or engaged by the Owner in the performance of this Agreement at any time during the period from the date this Agreement is entered into until the date which is 6 months after the Visitor’s departure from the Property, other than by means of a national advertising campaign open to all comers and not specifically targeted at any of the staff of the Owner.