Exeter Lodge - Terms & Conditions

1. DEFINITIONS:
  • For the purpose of these Terms and Conditions, the following definitions will apply:
  • ‘The Lodge’ refers to Exeter Lodge
  • ‘Property Owner’ refers to the owners/proprietors of Exeter Lodge collectively.
  •  ‘The Client’ refers to the holiday maker or temporary tenant of the Lodge from the point of contract irrespective of sex or age.
  • ‘The Contract’ refers to the rental agreement made between the Property Owner and the Client upon receipt of the Booking Confirmation.
  • ‘Peak Season’ Between 1st April – 30th September
2. THE CONTRACT
  • The Client is required to pay a 25% non-refundable booking fee as well as a £200 refundable damage deposit to secure rental of The Lodge for their specified date. The remaining balance is then due 60 days prior to the rental date.
  • A booking shall only be confirmed when the specified deposit of 25% is received as banked funds by the Property Owner.
  • Once the booking confirmation is issued by the Property Owner to the Client, a binding contract shall exist between the Property Owner and Client subject to these Terms and Conditions.
  • Where the balance is not received by the 60 day due date, the Property Owner will issue an overdue reminder in the form of an email or letter. If payment is not received within 7 days of this reminder, the Property Owner reserves the right to cancel the contract without returning the Client’s deposit.
  • The Property Owner accepts no responsibility for emails/letters that do not reach the recipient. Where confirmation of receipt of the reminder is not received, the Property may choose to, but is not obliged to, contact the Client via telephone. Subject to a lack of response by the Client, the Property Owner shall assume the contract has been cancelled and proceed to release the dates for rehire.
  • The Client shall have no claim against the Property Owner for compensation or reimbursement.
  • The period of hire shall be 7 or 14 days unless otherwise arranged with the Client. 
3. CHANGES TO THE CONTRACT
  • By the Client:
  •  The Client is obliged to check the Booking Confirmation upon receipt. Any error/inaccuracy, including but not limited to an incorrect date, must be reported to the Property Owner immediately so that it might be rectified.The Property Owner accepts no responsibility for errors that are noticed more than 1 month following the Client’s receipt of the Booking Confirmation.
  •  The Property Owner is not obliged to accept the Client’s requests should they wish to change the duration/date of hire after the Booking Confirmation has been sent.
  • The Client must notify the Property Owner immediately and in writing of any intention to cancel the holiday booking.
  • Where the Client cancels the booking 60 or fewer days prior to his arrival, the Client is obliged to pay the full balance of rental.
  • Where the Client cancels the booking more than 60 days prior to his arrival in peak season, the Property Owner will retain the deposit and where the dates cannot be filled, may claim compensation for loss of revenue.
  • The Property Owner does not offer holiday cancellation insurance. Clients are recommended to seek independent holiday insurance advice/policies.
  • Should the Client wish to transfer his booking to another date, he must apply in writing to the Property Owner no less than 60 days prior to arrival. This application must include preferred alternative dates. The Property Owner is under no obligation to accept the transfer request.
  • A booking cannot be transferred within one month of the Client’s arrival, or from one Calendar year to another. There will be a fee £35.00 (thirty five pounds) for a date transfer.
  • By The Property Owner:
  • In the unlikely event of the Property Owner being unable to fulfil the terms of the Contract, i.e. supply The Lodge for the duration agreed in the contract, the Property Owner shall use their reasonable endeavours to arrange alternative accommodation for the Client, equivalent to the facilities of The Lodge.
  • In the event of alterations to the contract outside the control of the Property Owner, including but not limited to instances mentioned in section 4, the Property Owner will keep the Client updated of progress and proposed solutions if applicable.
  • The Property Owner shall treat a reduction of length of hire as cancellation NOT a transfer and may choose to rehire the property for the full duration of the Client’s booking period.
4. FORCE MAJEURE
  • The Property Owner accepts no responsibility for contracts that cannot be fulfilled in either part or entirety due to acts of God, force majeure, or other events outside the control of the Property Owner. For instance, but not limited to, floods, road closures, snow. The Property Owner advises the Client to obtain appropriate insurances to cover this eventuality.
  • The Property Owner accepts no responsibility for events which deem The Lodge unfit or unsafe for habitation, including but not limited to, fire damage, fallen trees, floods. The Property Owner advises the Client to obtain appropriate insurances to cover this eventuality.

 5. LITERATURE, WEBSITE AND SOCIAL MEDIA

  • The Property Owner accepts no responsibility for posts, statuses, photographs or reviews posted by any of his employees, former employees or representatives either privately or on behalf of The Lodge. This includes, but is not limited to, inaccuracies about the property, availability or cost.
  • To the best of the Property Owner’s knowledge, all details described in promotional media, website, Facebook page and Twitter, are correct at the time of publishing.
  • The Property Owner reserves the right to make alterations to the property at any time and will inform the Client of any such changes. Alterations will not degrade the property in any way.
  • The Property Owner cannot accept any responsibility for any changes/closures of local amenities, attractions as described on the website/social media.
  • All distances given on the website are approximate and based on a specific route as acquired from third party literature/sources. The Property Owner cannot accept responsibility for inaccurate information/distances.
  • A Copy of the Property Terms and Conditions are available on request, are published on the Exeter Lodge website and will be returned to the Client via email at the time of booking.
6. THE CLIENT
  1. By agreeing to the Terms and Conditions of the Contract for Exeter Lodge, the Client confirms they will:
  • Lock and ensure the property is secure when not occupied by the Client.
  • Ensure all appliances are switched off before leaving the property.
  • Use the property solely for the purpose of a holiday by the Holidaymaker and his/her party.
  • Limit the number of occupants to the number stipulated in the Exeter Lodge website, and the party to the list of people detailed on the booking request form. The Property owner reserves the right to refuse admittance to the holiday property where this condition is not observed.
  • Show due consideration to others. If a Client or any of his party abuses the property or displays offensive, rude behaviour to the Property Owner, its staff or third parties (i.e. neighbours, members of the public) the Property Owner has the right to ask the Client to leave the property earlier than scheduled departure.
  •  Where the conditions 6.iv and 6.v have been breached, the Property Owner shall deem the rental of the property as ceased. The Property Owner shall not be obliged to pay any form of compensation or reimbursement yet may still claim from the Client for any damage caused.
  • Allow the Property Owner or any of his representatives into the property at any reasonable time during the period of hire.
  • Keep the property and all furniture, utensils, equipment, fixtures and fittings in or on the property in the same state of repair and condition as at the commencement of the rental and ensure that, prior to departure, the property is left in the same state of order and cleanliness in which it was found. The Property Owner reserves the right to levy an additional charge for any extra cleaning/repairs required after the Client’s occupancy.
  • Report as soon as possible to the Property Owner any breakages or damage caused by the Client during their stay. The Property Owner reserves the right to make a claim against the Holidaymaker for repair or loss as a result of damage caused.
  •  Not use the Lodge or allow its use for any dangerous, offensive, noisy, illegal or immoral activities.
  • Not do anything or permit anything to be done that would or may result in the insurance of the Accommodation becoming void or voidable or the premium on it being increased.
  • Undertake that he will absolve the Property Owner of any responsibility for accident, damage, illness, injury or losses (whether direct or indirect and including loss of profits) sustained by himself or any member of his party, including pets, whilst staying at the property, however caused.
  • Be issued with a set of keys upon arrival. These keys are the responsibility of the Client and must be returned to the Property Owner prior to departure. Should a key be lost, the Client will be charged for a replacement.
  • Be liable for and indemnify the Owner against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by the Property Owner arising from the Client's breach of the Contract, or the use or occupation of the Accommodation which arise from any breach by the Client of his or her obligations under the Conditions here stated or from any negligence or wilful default of the Client and/or the Client's party. Expenses recoverable shall include, but not be limited to, court, legal and experts’ fees incurred in advising on and initiating action to enforce the terms of the Contract and in defending actions and claims initiated without regard to the terms of the Contract. The right to recover such expenses shall be on an indemnity basis, subject to account being taken of any costs otherwise awarded by any Order of Court.
  • Notify all of his party to the Terms and Conditions as stated here.
7. THE LODGE
  1. Obligations of the Property Owner
  • Assuming the previous clients leave the Lodge fit for tenancy (i.e. cause no damage deemed to breach health and safety requirements) The Property Owner will ensure The Lodge is habitable for guests by 4pm on the scheduled arrival day.
  • The Property Owner will ensure The Lodge is habitable for guests and that all items are, to the Property Owner’s knowledge, in full working order prior to the Client’s arrival.
  • The Client will arrive after 4pm on the day of arrival and depart no later than 10 am on day of departure unless prior arrangement has been made, and confirmed in writing, by the Property Owner.
  • The Property Owner shall endeavour to competently prepare the property for arrival of the Client. Should a problem or cause for complaint arise, the Client must report this to the Property Owner immediately and allow the Property Owner the opportunity and sufficient time to rectify the situation.
  • Should the Client have cause for complaint, details of his grievance must be submitted to the Property Owner, in writing, no more than 7 days following the date of departure. This complaints procedure must be adhered to. Inspections of the property by the Property Owner will not be made while another client is in residence.

 

8. PETS
  • Well behaved pets are welcome at the property provided they are declared at the time of booking. Pets are not permitted to lie on the furniture/beds and must not be kept in the Lodge for extended periods of time.
  • The Client is responsible for all damage/mess made by pets and is liable to pay compensation where applicable.
  • The Client should remove all traces (inside and out) from the property of pet occupation before final departure. The Property Owner reserves the right to levy an additional charge for any extra cleaning or repairs required after the Client’s occupancy.
9. DATA AND ACTS OF LAW
  • Data Protection:  The Owner stores personal data relating to Clients. The Property Owner will comply with the provisions of the Data Protection Act 1998. The data will only be used for the purposes of the Owner’s business and will not be shared or transmitted to any third party unless prior permission has been sought from the Client.
  • If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provisions and the remainder of the provision in question shall not be affected.
  • Except for the Property Owner, a person who is not a party to the Contract may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
  • The Contract is for the stated holiday period only and is not intended to create the relationship of Landlord and Tenant between the Client and the Property Owner.  The Visitor shall not be entitled to a tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon termination of the Contract.
  • The construction, validity and performance of the Contract shall be governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the Courts in England and Wales.

 

10. OTHER
  • The Property Owner accepts no responsibility for any loss or damage of the Client’s or his any of his party’s belongings during their stay.
  • All payments can only be accepted in Pounds Sterling and payments must be may be made by PayPal, cheque or BACS payment. Payment will not be acknowledged as received until registered as cleared funds.
  • The Property Owner reserves the right to refuse any booking.
  • Unless otherwise stated in writing, the rental cost will include all charges for water, sewage, electricity and fuel for heating.
  • The Lodge is located in a rural area therefore the Client must adhere to the country code and respect the surrounding land/woodland.

 

11. DATA AND ACTS OF LAW
  • Data Protection:  The Owner stores personal data relating to Clients. The Property Owner will comply with the provisions of the Data Protection Act 1998. The data will only be used for the purposes of the Owner’s business and will not be shared or transmitted to any third party unless prior permission has been sought from the Client.
  • If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provisions and the remainder of the provision in question shall not be affected.
  • Except for the Property Owner, a person who is not a party to the Contract may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
  • The Contract is for the stated holiday period only and is not intended to create the relationship of Landlord and Tenant between the Client and the Property Owner.  The Visitor shall not be entitled to a tenancy, or to any assured short hold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon termination of the Contract.
  • The construction, validity and performance of the Contract shall be governed by the law of England and Wales and both parties submit to the exclusive jurisdiction of the Courts in England and Wales.