Terms and Conditions

TERMS AND CONDITIONS

1.             Definitions

In these terms and conditions:

 

• The ‘Booking’ means the agreement for the Holiday Let

• The ‘Booking Form’ means the form sent to you by letter fax e-mail or any other electronic form confirming the agreement for the Holiday Let for the Holiday Period.
• The ‘Commencement Date’ means the date shown on the Booking Form as the commencement date of the Holiday Period.
• The ‘Departure Date’ means the Departure Date referred to in the Booking Form as the date on which you are required to vacate the Holiday Property.
• The ‘Deposit’ means the deposit referred to in the Booking Form.
• The ‘Good Housekeeping Deposit’ means the amount stated in Lakelovers’ brochure and website in respect of the Holiday Property.
• The Good Housekeeping Waiver means the non-refundable payment by You to Lakelovers in lieu of the Good Housekeeping Deposit of £5 per person including You in Your Party per week or part of a week of the Holiday Period.
• The ‘Holiday Cost’ means the Holiday Cost stated in the Booking Form and includes the Good Housekeeping Deposit or Good Housekeeping Waiver as appropriate.
• The ‘Holiday Property’ means the property referred to in the Booking Form.
• The ‘Holiday Let’ means the agreement made on the date shown on the Booking Form between the Owner and You under which the Owner grants to you and Your Party licence to occupy the Holiday Property for the Holiday Period for the purpose of a holiday subject to the Terms and Condition
• The ‘Holiday Period’ means the period from 4:00 pm on the Commencement Date to 10:00 am on the Departure Date.
• ‘Lakelovers’ means Traditional Lakeland Cottages Limited whose registered office is at Belmont House, Lake Road, Bowness on Windermere, Cumbria, LA23 3BJ.
• The ‘Lakelovers Portfolio’ means the properties available from time to time and displayed on Lakelovers website and brochure for letting to the public for the purpose of a holiday.
• The ‘Owner’ means the owner of the Holiday Property.
• ‘These Terms and Conditions’ means the terms and conditions (including the definitions) set out in this document.
• ‘You’ means the person or persons referred to on the Booking Form as the customer.
• ‘Your Party’ means the other person or persons staying with you at the Holiday Property.

2. Nature of the Agreement

This Holiday Let is granted by the Owner to You for the purpose of a holiday and is not intended to create the relationship of landlord and tenant between the parties.  You shall not be entitled to a tenancy, or to any form of statutory security of tenure either now or when the Holiday Period ends.

 

3. Licence to Occupy

The Owner permits you to occupy the Holiday Property as stated in the Booking Form for the Holiday Period for the Holiday Cost and to the use of the furnishings, kitchen equipment, crockery, glasses, bedding and towels provided in the Holiday Property.

 

4. Payment

You must pay one third of the Holiday Cost, any extras, and an administration fee of £25.00 for each week or part week booked, when placing the booking with Lakelovers.  The balance of the Holiday Cost, any extras, and the administration fee is due eight weeks before the Commencement Date.  Where a Booking is made less than eight weeks before the Commencement Date the Holiday Cost, any extras, and the administration fee is payable in full when making the Booking.

 

 

5. The Holiday Period

The Holiday Period will commence at 4:00 pm on the Commencement Date and you must have vacated the Holiday Property with Your Party and effects by 10:00 am on the departure date.  Failure to do so will result in You being charged a further day’s proportionate Holiday Cost.

 

6. The Good Housekeeping Deposit/Good Housekeeping Waiver

6.1 The Good Housekeeping Deposit will be held by Lakelovers to be applied against the reasonable costs of repair, replacement and cleaning of furnishings, kitchen equipment, crockery, glass, bedding and towels damaged or soiled otherwise than by usual wear and tear during the Holiday Period by You or other members of Your Party.  The balance of the Good Housekeeping Deposit will be returned to you within 21 days of the Departure Date.  Where such costs exceed the Good Housekeeping Deposit You will pay such excess to Lakelovers within 14 days of   being notified of the excess.

 

6.2 Where you have agreed on the Booking Form to pay the Good Housekeeping Waiver the Good Housekeeping Deposit is not payable and clause 6.1 shall not apply.

 

7. Keys

Lakelovers will issue to you one set of keys to the Holiday Property at the Commencement Date.  You must return the keys to Lakelovers on the Departure Date as directed by Lakelovers.  If you lose a key Lakelovers will replace it upon you paying the reasonable costs of having the replacement cut or alternatively the cost of replacing the key will be deducted from the Good Housekeeping Deposit.

 

8. Outgoings

8.1 Electricity, gas and oil are included where applicable in the Holiday Cost.  The Owner reserves the right to charge You for any excessive use of electricity, gas and oil where applicable.

 

8.2 Fuel for open fires/stoves is not provided.  If inappropriate fuel is used on an open fire or stove you will be liable for the cost of making good any damage.  If You are in any doubt about how to use an open fire/stove or what fuel to use, You must first check with Lakelovers.

 

9. Linen/Equipment/Food

9.1 Cots, where supplied, are only supplied with mattresses.  All baby bedding and linen must be provided by You.

 

9.2 The Owner will not be responsible for providing food, washing up liquid, dishwasher and washing machine powders.

 

9.3 Clean bed linen and towels will be provided during the Holiday Period.

 

9.3 One standard size bath towel and one hand towel are provided for You and each member of Your Party.  A minimum charge of £10.00 per towel will be deducted from the Good Housekeeping Deposit in respect of each towel lost or damaged.

 

10. Use

The Holiday Property must not be used except for the purposes of a holiday by You and Your Party during the Holiday Period and not for any other purpose or longer period.

11. Your Obligations

You must:-

• allow the Owner and/or Lakelovers access to the Holiday Property at all reasonable times and in the case of emergency at all times with or without You or Your Party being present to enable maintenance work to be carried out and to enable the Owner and/or Lakelovers comply with all relevant statutory requirements and the requirements of all regulatory bodies to which the Owner and/or Lakelovers belong relating to the Holiday Property
• keep the Holiday Property and furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage;
• not cause any damage to the walls, doors or windows of the Holiday Property.
• not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises;
• not do or permit any act that would make any insurance policy on the Holiday Property void or voidable or increase the premium; and

 

12. Owner’s Obligations

The Owner will subject to clause 11 above and except in an emergency allow You and the Your Party enjoyment and use of the Holiday Property for the Holiday Period free of interruption;

 

13. Safety Regulations

The Owner confirms that:-

 

• the furniture and furnishings comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended.
• that the electrical appliances and equipment provided by the Owner are safe and will not cause danger and that all electrical appliances and equipment manufactured after 19 January 1997 are marked with the appropriate CE symbol.
• he has complied with the Gas Safety (Installation and Use) Regulations 1998 and the Safety Certificate is available for inspection by You at the registered office of Lakelovers.

 

14. Early Termination

This Holiday Let may be determined before the end of the Holiday Period by Lakelovers (as agent for the Owner) giving You notice only in the event of You or a member of Your Party being in material breach of the terms of these Terms and Conditions or by reason of fire or some other catastrophic event of the type covered in a comprehensive insurance policy.  In the case of determination otherwise than by reason of your default or the default of a member of Your Party Lakelovers (as agents for the Owner) shall return to You the appropriate proportion of the Holiday Cost attributable to the unexpired remainder of the Holiday Period and the balance due of the Good Housekeeping Deposit.

 

15. Cancellation

Lakelovers (as agents for the Owner) reserve the right to cancel the Holiday Let where operational circumstances cause the Holiday Property to become unavailable during the Holiday Period, including the withdrawal of the Holiday Property from Lakelovers Portfolio.  In such circumstances Lakelovers will endeavour to procure that an alternative property from the Lakelovers Portfolio of the same specification as the Holiday Property is offered to You from the Commencement Date to the Departure Date.  Should Lakelovers cancel the Holiday Let in this way and You do not accept an alternative property or a suitable alternative property is not available from the Lakelovers Portfolio a refund will be made to You of all monies paid.

 

16. Cancellation by You

16.1 If You cancel the Holiday Let, You are still liable to pay the balance of the Holiday Cost.

 

16.2 Lakelovers (as agents for the Owner) will seek to re-let the Holiday Property at the best possible price for the Holiday Period (but not necessarily at the Holiday Cost advertised in Lakelovers brochure and/or website.  If the Holiday Property re-lets for the Holiday Period, monies received by Lakelovers as agents for the Owner will be used to refund You for the Holiday Cost paid less an administration Holiday Cost of £25.00, any extras already paid and a handling charge of £50.00.  This refund will be made within two weeks of the Holiday Period.

 

16.3 No refunds will be given for cancellations made within the four week period prior to the Commencement Date of the Holiday Period.

 

17. Brochure and Website Accuracy

Details of the Holiday Property given in the Lakelovers brochure and website are accurate at the time of printing/publishing.  Lakelovers reserves the right to make alterations to their brochure/website at any time and shall inform You of any such alterations.  The most up to date details of the Holiday Property can be viewed on Lakelovers website.

 

18. Lost Property

Lakelovers will retain any items left at the Holiday Property for a period of 28 days from the Departure Date.  Items will be returned to You if requested, at a cost of £10.00 plus postage and packing.  Lakelovers do not accept responsibility for the safe carriage of any items returned.  Items of food and drink will not be returned.

 

19. Payments

No additional charge will be made for payments made by debit card or cheque.  If You opt to pay for anything by credit card, a 2.75% surcharge will be levied.

 

20. Pets

20.1 If pets are permitted in the Holiday Property this will be stated in Lakelovers brochure/website.  Pets are not allowed onto the furniture or into bedrooms and are not to be left alone in the Holiday Property.  At the Departure Date no sign that the pet has been at the Holiday Property shall be evident and no nuisance or annoyance shall be caused by the pet to the neighbours.  If pets are permitted in the Holiday Property no guarantee is given that the Holiday Property will have an enclosed garden or other means to secure the pet outside.

 

20.2 Where Lakelovers brochure/web site states pets are not permitted in the Holiday Property neither the Owner nor Lakelovers give any warrantee or undertaking to the You or any member of Your Party that the Holiday Property is suitable for sufferers of pet related allergies.

 

21. Compensation

Neither the Owner nor Lakelovers can accept responsibility or pay any compensation where the Holiday Let is frustrated in circumstances amounting to force majeure, including events such as the destruction and damage of the Holiday Property through fire, flood, explosion, storm or weather damage or adverse weather conditions, neighbouring building works, burglary, criminal damage, riot or civil strife, industrial action, natural or nuclear disaster, war or threat of war, actual or threatened terrorist activity, non-availability of public transport, destruction/interruption of utility services, epidemic, temporary invasion by pests and/or similar situations beyond the control of the Owner or Lakelovers, either before the Commencement Date or during the Holiday Period.

 

22. Vehicles

22.1 Vehicles are parked and left at the Holiday Property entirely at your own risk.

 

22.2 If the Holiday Property has the benefit of an on-street parking permit or any other form of parking permit the You will be responsible for any fines imposed for failure to display the permit as directed by Lakelovers.

 

23. Weather

No liability is accepted by the Owner or Lakelovers for access difficulties to the Holiday Property caused by weather conditions affecting public roads.

 

24. Water Supply

24.1 Neither the Owner nor Lakelovers as agents can accept responsibility for water shortages caused as a result of drought conditions, an act of omission of the relevant utility operator or any other cause outside the control of the Owner or Lakelovers.

 

24.2 If the Holiday Property has a private water supply you are advised to boil water before drinking or using it in cooking.

 

25. Amenities

Where the Holiday Property has amenities such as swimming pools, boats or other facilities, the use of these amenities are offered entirely at your own risk and no responsibility can be accepted for injury, loss or damage to You or members of Your Party, except where the Owner and/or Lakelovers have breached a legal duty of care owed to You or a member of your party or breached the terms.

 

26. Refuse Collection

You are required to put refuse/recycling in the appropriate place to await collection in accordance with the instructions left at the Holiday Property.

 

27. Lakelovers

Lakelovers are the agents of the Owner and are duly authorised to enter into the Holiday Let and to act on the Owner’s behalf in all matters relating to the Holiday Let in accordance with the Terms and Conditions and the Booking Form.

 

28. Data Protection

 

DATA PROTECTION

Lakelovers use the information You provide for the purpose of providing holiday services to You and Your Party and also for related purposes of administration, statistical analysis, marketing, customer services and improving customer services.

 

Lakelovers use of that information is subject to the Data Protection Act 1998.  You and Your Party have a right of access under data protection legislation to the personal data that Lakelovers hold about you and Your Party.

 

Lakelovers may from time to time send you information which Lakelovers think might be of interest to you.  If you do not wish to receive that information please notify Lakelovers in writing at the address given in These Terms and Conditions.