Why The North Lakes Has It All
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TERMS AND CONDITIONS
In these terms and conditions:
1.Nature of the Agreement
Lakelovers are Agents for the Owner and the contract for the rental of the property is made between You and the Owner (not Lakelovers). 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.
1.1 – Suitability for your needs:
You agree that You will take reasonable steps to ensure that the property You book is suitable for your needs. This may include issues such as property type, location, access, facilities, layout, grounds/garden and so on. Lakelovers will answer any queries about properties in order that you can make a fully informed decision about a property’s suitability prior to making a confirmed booking. A confirmed booking is deemed to have been created at the point when the deposit for the rental is paid. Location – all properties are pinpointed on a map on the Lakelovers website. Google street view is usually available for You to see the general setting of the location. If You are still not sure if a location is suitable for Your requirements, You must enquire with Lakelovers to satisfy yourself the property is in a suitable location/setting for You.
Lakelovers are the agents of the Owner and are duly authorised 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.
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. For the avoidance of doubt, further information may be seen on our Frequently Asked Questions (FAQs) section of our website or by calling 015394 88855
The Owner will subject to condition 12 and except in an emergency, allow You and Your Party enjoyment and use of the Holiday Property for the Holiday Period free of interruption except for any purposes detailed in section 5.1
The Owner confirms that:-
he has complied with the requirements of the General Product Safety Regulations Act 2005
• 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.
he will ensure that any private water supply is tested in accordance with local authority requirements for testing for potability.
5. Your Obligations
You or Your Party must:-
5.1 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, allow visits to enable the Owner and/or Lakelovers to 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, allow visits (following advance notification to You) by inspectors representing Visit England to conduct their annual star rating assessment of the Holiday Property You are staying in.
5.2 keep the Holiday Property and furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for the cost of repairing any damage to the same. Not cause any damage to any part of the Holiday Property, its fixtures, fittings, décor, equipment or grounds (within the curtilage of the Holiday Property). Failure to uphold these obligations may lead to a claim against You for costs pursuant to conditions 8.1 / 8.2.
5.3 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.
5.4 not smoke in any part of the Holiday Property. If it is evident that smoking has occurred during Your stay you may be required to vacate the property and forfeit the remainder of Your booking. At the departure date no sign of smoking shall be evident at the Holiday Property, otherwise a charge may be made to rectify issue caused by the effects of members of Your party smoking,up to and including liability for the cost of cancelling all or part of any subsequent booking if the property has been rendered uninhabitable.
5.5 not do or permit any act that would make any insurance policy on the Holiday Property void or voidable or increase the premium to include over occupation of the property, i.e. no more than the advertised number of occupants designated for the property may occupy the property to include infants/babies. You must not permit temporary visitors to the Holiday Property to stay overnight nor block any fire escape routes or access to opening windows. Should you breach this term You may be required to vacate the Holiday Property with the booking being treated as if it had been cancelled by You. In such a situation You will forfeit the value of any unexpired portion of your stay and no consideration will be made towards any associated costs You may incur as a consequence of You being required to vacate the property.
5.6 not bring any pet to a property which is advertised as not allowing pets, otherwise an additional cleaning charge may be made for any additional work required to render the property habitable for any subsequent guests who may suffer from a pet hair allergy.
5.7 Vacate the property by 10am on the departure date. Failure to do so will result in You being charged a further day’s proportionate holiday cost at the prevailing tariff into which Your occupation extends.
You must pay one third of the Holiday Cost, any extras, and a booking fee for each week or part week booked, when placing the booking with Lakelovers. The balance of the Holiday Cost, any extras, and the booking 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. No additional charge will be made for payments made by debit card, credit card or cheque.
7. 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 as per condition 5.7.
8. The Good Housekeeping Deposit/Good Housekeeping Waiver
8.1 The Good Housekeeping Deposit (the cost of which is stated on the booking form or notified to you verbally if booking via telephone) will be held by Lakelovers to be applied against the reasonable costs of miscellaneous repairs and/or replacement and additional 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 it is deemed by Lakelovers/ Owner You have no liability to such costs. Where such costs exceed the Good Housekeeping Deposit for the property you have booked, You will pay such excess to Lakelovers within 14 days of being notified of the excess.
8.2 Where you have agreed on the Booking Form to pay the Good Housekeeping Waiver the Good Housekeeping Deposit is not payable. The Waiver fee is calculated on a per occupant basis (including infants/babies). The maximum waiver fee payable for any property shall not exceed £37.50. The Waiver covers accidental damage repair / extra cleaning costs of up to the value of £200. This is the total sum covered and not the sum covered per Waiver fee. You will be liable for the balance of any costs incurred where the value of these costs exceeds £200.
9. Keys and Parking Permits
Lakelovers will issue to you one set of keys to the Holiday Property at the Commencement Date. You must return the keys to Lakelovers or to the Holiday Property’s keybox where applicable 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.
If a parking permit(s) are issued to you, you must return these as directed to either the Holiday Property or the Lakelovers office as appropriate. Failure to return the permit upon departure will result in a fee of £50 being charged to You.
10.1 10.1 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, oil, telephony, TV services or WiFi. where applicable.
10.2 Fuel for open fires/stoves is not provided unless specifically advertised as being 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.
10.3 Wi-Fi is usually provided free of charge but there are exceptions and if so, this will be made clear in the Holiday Property’s particulars. No warranty is given as to the speed of wi-fi service nor its reliability as these factors vary considerably according to location, service provider and other factors. Wi-fi service is provided with the expectation that speeds/ data allowance may be limited and no compensation will be given as a consequence of slow speeds / over consumption of data usage. Wi-fi may not be available at all times and is provided for pleasure and not business purposes only. Bookings cannot be accepted if they are solely reliant on the provision of uninterrupted and unlimited provision of Wi-fi.
11.1 Cots, where supplied, are travel cots and only supplied with padded bases. High chair type may vary from property to property. All cots and high chairs meet European safety standards. All baby bedding and linen must be provided by You. There is a cost for hiring cots and high chairs which is shown on the booking form.
11.2 The Owner will not be responsible for providing food, washing up liquid, dishwasher and washing machine powders other than a ‘starter pack’ to include a limited supply of washing up liquid, dishwasher tablets, ‘J’ cloth, tea towel and scouring sponge. A minimum of one toilet roll per toilet facility will be provided.
11.3 Clean bed linen will be provided at the commencement of the Holiday Period. No change of bed linen will be provided except where the duration of the rental period exceeds a period of 14 days or longer in which case a weekly change of bed linen and towels will be provided
11.4 One standard size bath towel and one hand towel are provided for You and each member of Your Party. A charge will be deducted from the Good Housekeeping Deposit in respect of each towel lost or damaged.
11.5 In case of any failure of any domestic appliances and equipment, You must report the failure to allow attempts to repair such items wherever practicable. Compensation for non working appliances/ equipment will not be given where access to the property for the purpose of attempted repair is denied by You.
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. See section 5.7
13. Early Termination
This Holiday Let may be terminated before the end of the Holiday Period by the Owner or Lakelovers (as agent for the Owner) directly giving You notice of termination in the event of You or a member of Your Party being in material breach of these Terms and Conditions. The let may also be terminated by reason of fire or other event which renders the property uninhabitable. In the case of termination otherwise than by reason of your breach or the breach 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. No refund of the waiver fee (if paid) shall be made.
Lakelovers (as agents for the Owner) reserve the right to cancel the Holiday Let where operational circumstances cause the Holiday Property to become unavailable or uninhabitable during the Holiday Period, including the withdrawal of the Holiday Property from the Lakelovers Portfolio. In such circumstances Lakelovers will endeavour to offer an alternative property from the Lakelovers Portfolio 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. In any case where an alternative property offered to you costs more than the original property booked, and you accept the alternative property offered, you will agree to paying the balance of the cost between the lower and higher cost properties. Where an alternative property is offered to you and the alternative costs less than the original property booked, and you accept the alternative property option, you shall be refunded the balance of the cost between the higher and lower cost properties.
15. Cancellation by You
15.1 If You cancel the Holiday Let, You are still liable to pay the balance of the Holiday Cost.
15.2 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 on Lakelovers’ 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 £30.00, any extras already paid and a handling charge of £50.00. This refund will be made within two weeks of the end of the Holiday Period.
15.3 No refunds will be given for cancellations made within the four week period prior to the Commencement Date of the Holiday Period.
15.4 Voluntary curtailment. If You depart voluntarily from the property before the end date of the rental period, no refund shall be given in respect of the portion of the rental period when you do no not occupy the property. See also conditions 21, 25.
16. Website Accuracy
Details of the Holiday Property given in the Lakelovers are accurate at the time of publishing on the Lakelovers website. Lakelovers reserves the right to make alterations to their website at any time and you are advised to view the most up to date details of the Holiday Property on the Lakelovers website.
17. 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.
18.1 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 or in the grounds of the Holiday Property. At the Departure Date no sign that the pet has been at the Holiday Property or grounds shall be evident and no nuisance or annoyance shall be caused by the pet to the neighbours to include excessive noise. If pets are permitted in the Holiday Property no guarantee is given that the Holiday Property will have a secured enclosed garden or other means to secure the pet outside. See also conditions 5.3, 8.1
18.2 Where Lakelovers website states pets are not permitted in the Holiday Property neither the Owner nor Lakelovers give any warrantee or undertaking to You or any member of Your Party that the Holiday Property is suitable for sufferers of pet related allergies.
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, noise disturbance 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.
20.1 Vehicles are parked and left at the Holiday Property entirely at your own risk.
20.2 If the Holiday Property has the benefit of an on-street parking permit or any other
form of parking permit You will be responsible for any fines imposed for failure
to display the permit as directed by Lakelovers. You or members of Your party must park only in the designated parking areas, if provided, and not cause any obstruction to occupants of neighbouring properties. Parking may not always be directly outside of your chosen property Please refer to your directions to the property for more details
No liability is accepted by the Owner or Lakelovers for access difficulties to the Holiday Property caused by weather conditions affecting public and private roads. Every effort will be made to keep you informed of adverse weather conditions via the Lakelovers website /social media, which may affect public or private access to the property, however, road conditions can change rapidly. Therefore, you are strongly advised to seek the latest information relating to access prior to setting off on your journey – see term 15.3
22. Water/Utility Supply
22.1 Neither the Owner nor Lakelovers as agents can accept responsibility for water shortages caused as a result of drought conditions, emergency works by utility operator(s) (to include electricity, gas or wi-fi) or an act of omission of the relevant utility operator or any other cause outside the control of the Owner or Lakelovers.
22.2 If the Holiday Property has a private water supply you are advised to boil water before drinking or using it in cooking. See term 4.
Where the Holiday Property has amenities such as swimming pools, boats or other leisure 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. Please enquire if You are not sure about anything to do amenity provisions.
24. 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. You are also required to return the bin to the appropriate location following collection. Notify Lakelovers if a collection is missed.
If problems do occur for whatever reason, we provide our own in-house services to rectify problems whenever possible. The contact number to call out Lakelovers services is 015394 88855. This number is given on booking confirmation correspondence, customer feedback forms and property information folders within properties.
Some properties are managed by the property Owner, not Lakelovers. If this is the case contact details for the Owner’s approved contractor(s) will be left in the property information folder. The Owner or their appointed representative /contractors should be the first person you call if there is a fault in the property, not Lakelovers if the owner arranges his/her own maintenance and housekeeping arrangements. Otherwise your first contact point will be Lakelovers.
If a complaint is not resolved by our own staff, Owner, or associated contractors following your first report, we will put into place the following procedure:
With reference to our booking conditions, the following procedures shall apply:
In order for us to deal with a complaint in these circumstances it is essential that you give Lakelovers reasonable opportunity to rectify the problem. This includes allowing Lakelovers staff or contractors access to the property at a reasonable time to assess and rectify any problems (see condition 11.5, 15.4). No compensation will be offered where opportunity to rectify problems is denied by You. You must not vacate the property as a consequence of any complaint raised by You (unless there is an evident danger to You or Your party) until the complaint can be assessed by Lakelovers or the Owner and reasonable attempts to rectify the problem(s) can be attempted. Any consideration of compensation will be affected by You allowing or frustrating such reasonable attempts to rectify any problem(s)
If you are not satisfied by the attempts to resolve the problem(s) and you have left the property, you are requested to put your comments in writing (by email, letter or Customer Questionnaire) and send to our Windermere Office. We will endeavour to respond to all such complaints within 28 days of receipt. Where this is not possible you will be advised of the estimated resolution timescale.
26. Data Protection
Lakelovers use the information You or Your Party 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. This may include the release of information to third parties such as property owners and their representatives, professional tradesmen, appointed contractors or any other organisation for whose services you have procured through Lakelovers.
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.
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