Tomhara Holiday Home
Rental Terms and Conditions
- OWNERS. The Tomhara holiday home is owned and rented out by Mr and Mrs Robins (hereafter referred to as the “Owners”) whose business administration address is located at: 39 Ennerdale Road, Kew, Richmond, Surrey, TW9 3PE.
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BOOKING. Bookings cannot be accepted from persons under the age of 25 years or from parties where the majority of members are under 25 years (except families or supervised groups). Further, no bookings can be accepted from single sex parties. The number of persons occupying Tomhara must not exceed 12 under any circumstances. The person who signs the booking form will be responsible for all persons included on the form and is responsible for ensuring that they are aware of the booking conditions. The Owners reserve the right to decline any booking or to refuse to hand over a key to any person who is not considered suitable, or has not complied with the booking conditions.
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RESERVATION. To secure the reservation, complete all parts of the booking form, and send it together with a deposit of 25% of the total cost (excluding linen). The balance is payable twelve weeks before the date of arrival, and it should be noted that reminders are not sent out. In addition, at the time of payment of the balance, a refundable damage deposit of £250, will also be due. If the balance (and damage deposit) is not received by the due date, the Owners reserve the right to cancel the booking without refund of the deposit, and the house will be offered for resale. Any bookings made within twelve weeks of the start of the holiday require full payment at the time of booking. The return of the booking form with the deposit, is legally binding on the sender (the “Hirer”). If the booking form is not signed and returned, the payment of the deposit will be deemed to be an acceptance of these Terms and Conditions.
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CANCELLATION. Once a booking is confirmed or deemed confirmed by the Owners, the Hirer is responsible for the total cost of the rental. If the booking is cancelled twelve weeks prior to the date of arrival, the deposit will be forfeited and will not be returned. If the booking is cancelled within twelve weeks of arrival the total cost of the holiday will be payable unless the Owners are able to re-let the house at the same price as the house was let to the Hirer in which case the Owners will return 75% of the total cost of the holiday but the deposit will be forfeited. Further, if the house is re-let (in the twelve week period prior to the rental), at a lower price than that which it was let to the Hirer, then as well as forfeiting the deposit, the Hirer shall also forfeit the difference in price between that at which it was let to the Hirer and that at which the house is re-let. The Hirer is recommended to take out insurance against cancellation for any reason, as no cancellation insurance is taken out by the Owners. For the avoidance of doubt, in the event of cancellation by the Hirer as a consequence of any issue relating to Corvid-19 (Coronavirus), or any other illness including the illness or prospective illness of the Hirer or the Hirer’s family or friends or in relation to lockdown of the UK or the imposition by the UK government of quarantine regions of the UK, refunds will not be provided other than on the terms set out in this clause 4. The Hirer is strongly recommended to take out insurance against any loss.
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PRICES. Prices quoted include VAT, and also the cost of electricity, gas and water. Charges for the linen are not included in the rent and will be billed separately. The Owners reserve the right to charge the Hirer any increase in VAT or any other levy by the Government which affects the price of the rental.
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BOOKING ALTERATIONS BY THE HIRER. Any alterations requested to a booking by the Hirer will be subject to agreement with the Owners. Any change in holiday dates will be subject to the agreement of the Owners.
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BOOKING ALTERATIONS BY THE OWNERS. Subject to clause 13, if for any reason whatsoever, the Owners have to cancel or alter arrangements made for the Hirer, they will make every effort to offer alternative dates, but no alternative dates can be guaranteed. If the Hirer does not accept any alternative offer put forward by the Owners the Owners will return to the Hirer any monies paid, whereupon the Owners’ liability will cease, and the Owners will not be liable for any other costs, damages or expenses.
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DAMAGE, LOSS AND NUISANCE. The Hirer agrees that the supervision of children, babies, dogs and any adults requiring care remains the responsibility of the Hirer at all times.
The Hirer will be responsible for leaving the accommodation in good order and clean condition. The Hirer will pay for any damage or loss however caused, excluding reasonable wear and tear incurred during occupation. Any damage caused to the property or its contents (excluding reasonable fair wear and tear), shall be charged at cost to the Hirer. In particular the Hirer shall pay for the rectification of stains to walls, doors, carpets, wooden and tiled floors and furnishings. The Owners shall be entitled to use their own tradesmen (without reference to the Hirer), to immediately rectify (having regard to the fact that Tomhara is rented consistently and without break through much of the year), any damage caused, the cost of which shall be passed directly to the Hirer. The Owners shall be entitled to immediately use the damage deposit held by them without notice to the Hirer for the purposes of reimbursement under this clause 8 and clause 15.
The Hirer agrees not to cause nuisance or annoyance to occupants of nearby properties (including the playing of loud music), and to allow reasonable access to the property by the Owners or their agents if they deem it necessary. The Owners will arrange a cleaner to come into Tomhara at 10.00 a.m. on the date of departure for which they will bear the expense. If the Hirer would like a cleaner during their occupancy, this can be arranged and will be charged at local rates. If, in the opinion of the Owners, any person is not suitable to continue their occupation of the property because of unreasonable behaviour, damage or nuisance to other parties, the contract may be rescinded and the Owners may repossess the property immediately. The Hirer will remain liable for the whole cost of the hire and no refund shall be provided.
The security of the house is the responsibility of the tenant during the period of the tenancy. All doors and windows must be locked whilst the house is unattended and in the event of any theft or damage to the property as a consequence of this provision not being complied with, the Owner will hold the Tenant responsible for any loss and damage. -
OCCUPANCY. Occupancy shall be from 3.00 p.m. on the day of arrival until 10.00 a.m. on the day of departure, unless special arrangements have been made. The housekeepers have only a limited time to prepare Tomhara for the next guests, and the Hirer is asked to respect this.
- DOGS. We allow one dog at the Owners’ discretion for which there is an additional charge of £50. In order to ensure that the Owners will continue to welcome dogs into Tomhara, the Hirer agrees that:(a) All dogs shall be kept under strict control at all times whilst on the property.(b) Any fouling of lawns, paths etc. shall be cleared up without delay.(c) Any fouling of lawns etc. at the end of the holiday which is not cleared up by the Hirer will be charged at £25 per mess.(d) The dog must sleep in the utility room.(e) No dogs shall ever be left in the property unattended.(f) No dogs are allowed in bedrooms or on chairs or settees and hair must be cleared up before departure. If dogs damage the floors, carpets or soft furnishings in the house, the Hirer shall pay for the damage, and the Owners may forfeit and retain the damage deposit.
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CARS. It is not permitted to park in the area at the bottom of the drive at any time. The Owners do not own this space and any parking there will upset the neighbours. It is very important to comply with this provision at all times.
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LIABILITY. Whilst the Owners make every effort to ensure the accuracy of the property description on the website and elsewhere, the Owners shall not be held responsible for any alleged inaccuracy. The Owners shall not accept responsibility for any sickness, injury, loss, damage, additional expense or inconvenience, directly or indirectly, caused by or arising out of the property or its appearance, plumbing, gas, electrical or otherwise or exceptional weather conditions. The Owners shall not accept responsibility or any liability if Tomhara does not meet the Hirer’s expectations once they arrive at the property. If the Hirer decides not to stay in the house or the Hirer decides to cut short their stay early, the Owners shall not be liable to make any refund of any part of the rental. Further, no responsibility is accepted by the Owners for the personal property (including pets), car or the car’s contents belonging to the Hirer or any member of the party during their occupancy. The Owners do not carry insurance for the Hirer’s to protect against any of these eventualities.
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FORCE MAJEURE. In the event that, following confirmation of the booking, the Owners are unable to honor the booking as a consequence of the Owners being unable to manage Tomhara, due to either (i) a loss of staff, including (but not limited to) the loss of cleaning staff, gardeners and the like; or (ii) an issue or problem with the property which the Owners are unable to remedy by the time the Hirer is due to commence the holiday, then the Owners shall be entitled, without liability, to cancel the booking. In such event, the deposit and any other monies paid shall be returned to the Hirer whereupon the Owners’ liability will cease.
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GENERAL DATA PROTECTION REGULATION. The Hirer can view the Owners privacy policy at www.luxuryselfcateringrockcornwall.com. The privacy policy sets out how the Owners may share and use the Hirer’s personal information which is held by the Owners. By completion of this booking form (or by rental of Tomhara), the Hirer agrees and confirms its authority to the Owners collection and use of any personal information the Hirer may hold in accordance with the privacy policy. The Hirer may opt out at any time by written notification to the Owners.
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INDEMNITY. The Hirer shall pay and/or indemnify the Owners for any damage, liability, loss, cost and expenses howsoever caused as a result of a breach or non-compliance by the Hirer (or any person occupying the property during the course of the rental period), with these Terms and Conditions.