Terms and Conditions
The legal stuff - it's boring but please be aware of it.
*** PLEASE READ THIS BEFORE BOOKING IN CASE ANY CHANGES HAVE BEEN MADE ***
Standard Terms & Conditions
Three (3) documents comprise the basis of a contract between us, this document, the Contract, and the Disclaimer. Please read and print all three documents, complete and sign where appropriate (if unsure, please contact me for advice), then send them to me at the following address:
Andrew Sanderson, 2 Highgates, Church Road, Gosfield, Essex CO9 1TL, England
"House" refers to the property in whole or in part that you rent from the Owner;
"Customer", "you", "your" shall mean or refer to the individual or corporate entity who made the booking;
"Holiday House ::: Portugal Web Site" shall mean the web site at www.holiday-house.eu;
"Owner", "I", "me", "my", "us", "we" shall mean or refer to Mr. Andrew Sanderson and his agents acting on his behalf; and
"Tenants", "guests", "you", "your" shall mean or refer to the Customer's party.
Contract and Booking
- 1. When you submit a booking, you will receive a booking summary by e-mail to the address you provide. This does not form a contract between us. A contract shall arise only when your deposit payment has cleared and your booking is subsequently confirmed in writing via a letter of confirmation sent by post or e-mail.
- 2. The Customer must be at least 18 years of age and authorised to make the booking on the basis of these Terms and Conditions by all other members of the party. By making this booking, the Customer confirms that he/she is so authorised and that he/she has agreed to the Terms and Conditions herein.
- 3. When you receive your confirmation, you should check the details carefully. If anything is incorrect, you must tell me immediately. I cannot be held liable for any mistakes that arise from you providing the wrong booking details.
- 4. I require an initial deposit of 25% of the full rent due to secure your booking. This deposit is non-refundable after seven days from the date of booking. The deposit shall be provided at the time of booking. If you are paying by cheque, this should be made payable to "W. A. M. Sanderson".
- 5. The balance payment should be paid in full at least twelve weeks before commencement or, if there is less than twelve weeks to go, it shall be paid in full at the time of booking. Payments can be made by cheque, (provided enough time is allowed for the cheque to clear before your holiday starts) or electronic transfer, or via PayPal. I can provide bank account details for an electronic transfer or PayPal upon request. Credit cards may be processed via PayPal, with a surcharge of 2.5%.
- 6. Please make sure that I receive your payment on time, as I may re-book as soon as the due date for payment has passed.
- 7. A condition of staying in my property is that you look after the property and its contents as though they were your own. The security deposit of 25% must be paid with your balance payment and prior to your use of the house. The cost of any damaged or missing items or exceptional cleaning will be deducted from this deposit and the remainder returned to you. We reserve the right to invoice the person booking the holiday for any replacements and additional costs incurred.
- 8. I will do everything I reasonably can to honour my commitments to you, but you accept my maximum liability to you on any grounds whatsoever is limited to the amount you have paid me prior to the problem arising, save for personal injury or death caused through my negligence.
- 9. If any payment due in relation to your booking is not paid by the appropriate date then I am entitled to assume that you wish to cancel your booking. In this case, I will be entitled to keep all deposits paid at that date. I will normally send out a reminder to you before your booking is cancelled.
Check In / Check Out
- 10. You may check in any time after 16:00 (4pm) on your day of arrival (or earlier if prior arrangements have been made with me). Check out is anytime before 10:00 (10am) on your last day. Please let me know your estimated time of arrival.
- 11. Rental of the house comes with an Information Pack of useful information on the house and the proper operation of the specific facilities and services provided. As some of my facilities (including the heating and waste disposal services) may not be familiar to all my guests it is essential that you familiarise yourself with the information pack on arrival. It is a condition of my contract with you that you respect the facilities provided and comply with the user conditions set out in the information pack.
- 12. You undertake to leave the house with neither notice nor demand at the termination of the agreed period of rental.
Property Care and Guest Obligations
- 13. There is strictly no smoking and strictly no naked flames (such as candles) within the house. A surcharge will be made for cleaning fabrics upon evidence of smoking in the house. You may smoke or light candles over the concreted or cobbled areas outside, but not over the grassed areas due to the risk of fire. Please be aware that especially at certain times of year, any risk of fire is taken very seriously indeed by the neighbours and the police.
- 14. No pets other than dogs are permitted. You are allowed to bring up to two dogs with you. Dogs may not exceed fifteen (15) kg. Dogs must be at least one (1) year of age or older. Dogs must be spayed or neutered. Dogs must not be left unsupervised in the house at any time, nor be allowed upstairs, nor be allowed on the furniture or beds. All dogs must be leashed or kept in the dog kennel at all times. Dog owners are responsible for cleaning up any dog refuse. Any evidence of dogs on furniture or beds may incur extra cleaning fees. Any evidence of dogs damaging furniture, beds or bedding may be charged at replacement cost. All dogs must have up-to-date vaccinations including rabies. Heartworm prevention is highly recommended. All dogs are to be treated with Advantage or similar topical flea and tick repellent three days prior to arrival. Fleas and ticks are known in this area and can cause harmful/fatal illness to humans and dogs. Be aware of the local danger from the processionary caterpillars which can prove fatal to dogs. Guests must prevent dogs from producing excessive noise at a level that might disturb neighbours. Dogs must not be left unattended for an undue length of time, either indoors or out. All items above are the sole responsibility of the dog owner. Keep the gates shut at all times in case a dog escapes from its leash. I assume no responsibility for illness or injury that humans or dogs may incur whilst on or off the premises.
- 15. The number of guests at any time is restricted to the number of guests you specify at the time of booking, and is subject to the maximum number of guests as stipulated on the Holiday House ::: Portugal Web Site. After booking, you may add further guests up to this limit only by special arrangement. You agree that, in the case of suspicion of fraud, one or more observations may be made by me or my agents to verify the number of guests in residence at any time during your rental.
- 16. In the unlikely event that you discover any damaged items on arrival, you agree to inform me immediately (so that you will not be held liable and for me to arrange a repair/replacement as soon as possible).
- 17. I have the right to enter the property at any reasonable time for the purpose of inspection, repairs, etc. except in cases of emergency where quick access is vital, in which case I am entitled to enter the house at any time without giving you prior notice.
- 18. During your stay, you are responsible for the contents of the property and I will pass on the cost of any damages/breakages to you (beyond reasonable wear and tear).
- 19. You agree to leave the house in a clean and tidy condition. Cleanliness is important to me and to my guests. In the aforementioned Information Pack you will find a note of the standard professional cleaning time required for the house. In the event that additional time and materials are required following your departure they will be invoiced to you at cost.
- 20. You agree that the house let by me is to be used for the purposes of a holiday only. The booking agreement confers a right to occupy the accommodation for the agreed period only.
- 21. You shall not sub-let the house or any part thereof.
- 22. Pregoinho is a tranquil place, and I ask for your help in keeping it that way. You agree to prevent any member of your party from causing a nuisance or disturbance in or around the house. This includes the playing of loud music at night. In the event of such a problem arising, I reserve the right to require you to vacate the property on demand without payment of compensation to you.
The Swimming Pool and Annexe
- 23. The swimming pool and annexe, including the steps to them both, as well as behind the annexe are potentially more hazardous and are neither constructed nor maintained to any statutory standard. Furthermore, whilst I believe it to be as safe as any other, the pool being a sensitive biological system combined with a UV sterilizer lamp, the water cannot be guaranteed to be safe to drink or swim in at all times. The Customer agrees to sign an additional disclaimer document which shall form a part of the contract, should use of these facilities be required. If the Customer fails to sign the additional disclaimer in advance of the rental period, these areas of the site shall be out of bounds to all members of the Customer's party and shall not form part of the rental contract. Use of the pool shall also be subject to a personal cleanliness protocol, detailing the Customer's care of the pool and its filter system.
- 24. Part of the charm of the countryside, with the beauty of the natural scenery nearby and the distance from the bustle of the big city, means that I have less security of supply of services that are taken for granted in cities. Thankfully however, problems such as power cuts are few and far between. In the unlikely event of any such problems during your stay, I will use my reasonable endeavors to procure their early resolution on receiving notice thereof. However, for the avoidance of doubt, you accept that as the extent of my liability.
- 25. There is very little crime in the area, however please ensure that the house is left secure when you go out. In the unlikely event that anything of yours is stolen from the house it will be your own responsibility.
- 26. Equally, please ensure that your vehicles are securely locked and parked without obstruction.
- 27. The rent you pay covers the following in addition to the house rental:
- Use of linen and towels - however please note that towels or linens are not to be taken from the property, for example to the beach
- Use of crockery, pots, pans, glasses and cutlery
- A reasonable quantity of appropriate fuel for cooking, heating, etc for your stay. The house information pack located in the house will give you further details on the correct use of the house's services
- Use of Swimming Pool and Annexe, if the appropriate additional disclaimer has been signed (see above)
- 28. Under no circumstances will my liability exceed the rental paid for the house (save for personal injury or death caused through my negligence.).
- 29. Your booking is accepted on the understanding that the house will be put at your disposal on the date agreed with us. Should this not be possible due to circumstances beyond my reasonable control, I will not provide an alternative holiday property. In this case the rental you have paid will be returned to you in full and you will have no further claim against me.
Cancellation by the Customer
- 30. You may cancel within seven working days of confirmation of your booking. If you do so, your deposit will be returned in full.
- 31. If written notice of cancellation is received after seven working days of confirmation of your booking, I will attempt to re-let the accommodation; although no guarantee of successful re-letting is given. If I am unable to re-let the house you shall remain liable for the full rent due. In the event of re-letting taking place, the deposit only will be retained and any balance will be returned to the hirer. I do however advise you to take out your own holiday insurance cover to provide for this if you have to cancel.
Cancellation by the Owner
- 32. I do not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, I will contact you (by telephone where reasonably possible in the case of a significant change or cancellation, minor changes may be notified by post or e-mail) as soon as is reasonably practical, explain what has happened, and inform you of the cancellation or change.
Unfair Contract Terms Act 1977
- 33. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 (UK) or otherwise determined by any court to be unenforceable, the unenforceable provision shall not affect the validity of the remaining portion of these terms and conditions, which shall remain in force as if the unenforceable provision had been eliminated.
- 34. I have taken every care to ensure that the accuracy of property descriptions on the house web site and in any other brochures or other web sites. All information therein is provided in good faith and is believed to be correct, but they do not form part of the contract between the Owner and the Customer.
- 35. I would aim to resolve any disputes quickly and amicably - as I like lots of regular guests! However if I cannot resolve any disputes by agreement, you and I agree to English law applying and to be bound by the decisions of the English Courts.
As the Organiser of this holiday visit, I confirm that I have read the above Terms and Conditions document and that I will ensure that all members of my visiting party are made fully aware of and comply with its provisions. Dates of visit: _______________________ to _______________________ Signature of Organiser: _______________________________ Date of signature: _______________________