Terms & Conditions
This is an agreement between the Guest and the Host relating to the occupation by the Guest of the Host’s Accommodation known as Deer View, Fullers Farm, Park Lane, West Grinstead, West Sussex, RH13 8LT which has been booked by the Guest on the Deer View website and is as detailed in the Booking Confirmation.
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1. DEFINITIONS​
Accommodation: Deer View (flat), Fullers Farm, Park Lane, West Grinstead, West
Sussex, RH13 8LT
Booking Confirmation: the booking confirmation form
Host: Olivia Lyne
House Rules: The set of rules the Guest agrees to abide by.
Long-Term Stay: Applies to stays 28 nights or longer.
Short-Term Stay: Applies to any stays under 28 nights.
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2. INTERPRETATION
2.1. The terms of this Agreement are important and are legally binding on Guests and Hosts and should be read thoroughly.
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2.2. Any obligation on the Guest not to do any act or thing shall include an obligation not to permit or allow that thing to be done.
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3. LICENCE TO OCCUPY THE ACCOMMODATION​
3.1. Subject to the terms of this Agreement, the Host permits the Guest to occupy the Accommodation for the period stated in the Booking Confirmation for the purpose of holiday or short-term occupation.
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3.2. The Host and the Guest agree that the Guest occupies the Accommodation as a licensee and that no relationship of landlord and tenant is created by this Agreement or otherwise.
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4. GUEST OBLIGATIONS​
The Guest agrees:
4.1. To pay the Host, in accordance with the provisions of the Booking Confirmation;
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4.2. To report any issues or concerns with the condition of the Accommodation immediately to the Host which can be done via the contact information provided in the House Rules;
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4.3. Not to occupy the Accommodation other than as personal accommodation for holiday or short-term occupation;
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4.4. Not to exceed the maximum number of people and animals occupying the Accommodation stated in the Booking confirmation and that the Host has the right to refuse entry to the Guest if there are more than the specified number of guests
and/or animals and that in this situation it will be a deemed cancellation by the Guest and the Host’s cancellation policy as per Clause 12 shall apply;
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4.5. Not to do or permit anything to be done which may be a nuisance, annoyance or disturbance to, or be abusive or discriminatory to the Host or any owner or occupier of neighbouring property; not to cause or permit any damage to the Accommodation (other than reasonable wear and tear);
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4.6. That they will observe the House Rules contained in Schedule 1 and specified in the Accommodation Listing and/or notified to the Guest before or on arrival at the Accommodation;
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4.7. To contact and notify the Host immediately upon becoming aware of anything that might put health and/or safety at risk;
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4.8. Not to use the Accommodation for any illegal or immoral purposes (including the taking of illegal drugs);
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4.9. To leave the Accommodation and any of the Host’s personal property at the Accommodation clean and tidy at the end of the stay and in the condition it was in when they arrived;
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4.10. That they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom the Guest invites to, or otherwise provides access to, the Accommodation, excluding the Host (and the
individuals the Host invites to the Accommodation, if applicable);
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4.11. That they will not bring any animals into the Accommodation (unless previously agreed with the Host in accordance with the House Rules);
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4.12. Not to access cupboards, drawers or rooms which have been sealed with tape or locked;
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4.13. Not to move furniture;
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4.14. Not to smoke at the Accommodation;
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4.15. That the Host is entitled to visit the Accommodation on prior notice (except in case of emergency) and to permit the Host (or an agent of the Host) access:
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4.15.1. In order to for the Host to give the Accommodation a deep clean in which the bedding and towels will be replaced, during this time the Guest agrees to vacate the Premises. The time slot will be agreed at the start of the booking.
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4.15.2. In the event that the Host reasonably suspects a breach of this Agreement; or
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4.15.3. In order to fulfil any of the Host’s obligations under this Agreement (in which case the Host will endeavour to provide the Guest with at least 24 hours’ notice); or
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4.15.4. Upon request of the Guest.
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4.16. Not to transfer this licence to occupy the Accommodation to anyone else without the prior consent of the Host;
4.17. That where the Guest has booked the Accommodation on behalf of itself and one or more additional guests (“additional guests”), the Guest has made the additional guests aware of the terms of this Agreement and any House Rules applicable to the Booking and the Guest confirms that it will ensure that such additional guests will comply accordingly. If an additional guest is a minor, then the Guest warrants and confirms that they are legally authorised to act on behalf of the minor; and
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4.18. Not to do or omit to do anything which could invalidate all or part of the Host’s insurance policy and to immediately notify the host if this has been done.
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5. DAMAGE TO THE ACCOMODATION AND SECURITY DEPOSIT​
5.1. If the Accommodation (or any part of it) or any of the Host’s personal property is damaged during the stay, beyond reasonable wear and tear, the Guest:
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5.1.1. must immediately notify the Host; and
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5.1.2. will be liable in full for the costs of that damage.
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5.2. The Guest confirms that if there is damage to the Accommodation or any of the Host’s personal property (over and above fair wear and tear) and/or if the Accommodation is heavily soiled so as to require in the Host’s reasonable opinion an industrial clean then the Host may make appropriate deductions from the security deposit.
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6. OVERSTAYING​
6.1. The Guest agrees that they will vacate the Accommodation at the check-out time as detailed in the Booking Confirmation. The Guest acknowledges and agrees that if they do stay past the stipulated check-out time without the Host’s consent:
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6.1.1. the Guest will be in breach of this Agreement and the Host (or an agent on the Host’s behalf) can require you to leave; and
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6.1.2. the Guest will pay to the Host an overstay fee as contained in the House Rules.
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7. COMPLAINTS & DISPUTES
7.1. The Guest and the Host agree with each other that if either of them has a complaint, problem or dispute in relation to the Booking, Accommodation and/or the Guest’s stay then they will follow the procedures set out in Schedule 2 of this agreement.
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8. TERMINATION​
8.1. This Agreement shall end on the earlier of:
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8.1.1. The Termination Date; or
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8.1.2. the expiry of any period specified in a notice of breach given by the Host to the Guest (provided that the Guest must have been given a reasonable period to remedy a remediable breach). If there is a repudiatory breach by the Guest then the Host may give notice to the Guest to terminate immediately.
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9. LIABILITY​
9.1. The Guest acknowledges and agrees that, subject to the provisions of clause 10.3 below, the Host shall not be liable to the Guest for:
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9.1.1. the death of or injury to the Guest including additional guests or invitees to the Accommodation;
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9.1.2. damage to any property of the Guest or the additional guests or invitees to the Accommodation; or
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9.1.3. any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Guest or additional guests or invitees to the Accommodation in the exercise of the right to occupy the Accommodation under the terms of this Agreement.
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9.2. The Host’s liability to the Guest for all losses shall not exceed the sum paid by the Guest for the booking plus any fees or payments that the Guest paid for additional services when they made their Booking.
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9.3. Nothing in this Clause limits or excludes the liability of any party for death or personal injury caused by its negligence (or the negligence of its agents or employees) or for fraud.
10. SECURITY DEPOSIT​
10.1. In accordance with the Booking Confirmation, the Guest is required to provide the Host with security deposit in the sum of 10% of the cost of booking, subject to a minimum of £250.00.
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10.2. The security deposit is to be held as security for the performance of the Guest’s obligations under this agreement.
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10.3. Upon breach of those obligations, the Host is entitled to apply either in full or part the security deposit to remedy the breach.
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10.4. The Host shall not be required to hold the security deposit separate from their other funds and the Guest shall not be entitled to interest on the security deposit.
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10.5. If the Host applies the security deposit in part or full in accordance with Clause 6.2, then the Host will notify the Guest.
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10.6. Any balance of the security deposit remaining after the Guest has vacated the Premises and where the Guest has fulfilled their obligations under this agreement, the Host will be required to return the deposit to the Guest within 14 days of confirmation that the obligations have been met.
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11. BOOKING ALTERATIONS​
11.1. The Host reserves the right, in the interest of safety or any other reason beyond their control to cancel or alter arrangements made for you. In this unlikely event we guarantee to return to you any payment or charges made in full including the deposit.
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11.2. Any request to change the booking after confirmation has been issued must be made more than 4 weeks prior to the commencement of the stay and in the event the host has availability for those dates, there will be no additional charge payable.
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12. CANCELLATION POLICY
12.1. If the Guest has booked a Short-Term Stay and requests a cancellation 5 days or more before check in then the Host will provide a full refund of all the payments made by the Guest.
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12.2. If the Guest has booked a Long-term Stay and requests a cancellation within 48 hours of booking, and at least 28 days before check-in, the Host will refund the Guest the full amount paid.
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12.2.1. If the request for cancellation is received outside of the timeframes as per Clause 12.2, the first 30 days of the stay are non-refundable.
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12.3. The request for cancellation must be made in writing and addressed to the Host.
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13. GENERAL​​
13.1. This Agreement constitutes the entire agreement between the Guest and the Host and any other terms, conditions or prior representations whatsoever shall be of no effect unless expressly set out in or are incorporated into this Agreement (for the avoidance of doubt terms that are incorporated include but are not limited to the provisions of the House Rules).
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13.2. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
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13.3. If any provision or part-provision of this agreement is deemed deleted under Clause 13.2, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extend possible, achieves the intended commercial result of the original provision.
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13.4. This Agreement does not confer any rights on any person or party (other than the parties to this Agreement).
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13.5. The Host shall be entitled to sub-contract or delegate its obligations under this Agreement without the consent of the Guest, provided that the Host continues to remain ultimately responsible for the performance of those obligations.
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13.6. This Agreement and any non-contractual obligations arising out of or in connection with it is governed by and is to be construed in accordance with the laws of England and Wales.
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13.7. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, judicial proceedings that you are able to bring arising from or in connection with this Agreement may only be brought in a court located in England or a court with jurisdiction in your place of residence. If The Host wishes to enforce any of its rights against you as a consumer, they may do so only in the courts of the
jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
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13.8. Neither party shall be entitled to issue proceedings against the other party or initiate a chargeback on the payment card until the expiry of any mediation and/ or Arbitration proceedings carried out in accordance with Schedule 2 of this Agreement.