Booking Terms

These Terms and Conditions apply to lettings of the accommodation by James Service & Christina Lapsa (“Owner”, “Us”). These Terms and Conditions, together with your Confirmation Acceptance Letter received upon submitting the booking form, form the basis of your contract with for the Rental Letting so please read them carefully before making a reservation.

1. Definitions

1. 2. Booking and Payment of Booking Deposit

      2.1 A booking is made by completing and submitting the Booking Form and paying the Booking Deposit.
      2.2 The Customer must pay the 50% Booking Deposit to the Owner within 7 days of receiving bank details from the owners, at which point the booking is confirmed. The booking deposit is non-refundable, however may be transferable at the owners discretion. If the period of rental is within those 7 days, then the deposit must be paid at the time of booking and in advance of any stay.
      2.3 Once We have received the Booking Form and the Booking Deposit We will send the Customer a Booking Confirmation. At this point a binding contract for the rental exists.
      2.4 We do not usually accept bookings from large single-sex groups. Please contact us prior to booking if this impacts you. Please note that we reserve the right to refuse any booking at our absolute discretion.

   3. Payment of Rental Fees

      3.1 The Customer must pay the balance of the Rent due to the Owner at least 6 weeks before the rental Start Date. In the event the commencement date is less than 6 weeks then the full rental amount must be paid in advance of the desired commencement date.

   4. Cancellation of Booking

      4.1 If the Customer cancels the booking less than 6 weeks before the Start Date then the customer will lose their deposit payment.
      4.2 If the Customer cancels the booking by giving less than 6 weeks’ notice the Owner retains 100% of the Rent and will refund all other sums (if any) paid by the Customer.
      4.3 If the Customer has not paid the Rent by the date specified in Clause 3.1 the Customer will be deemed to have cancelled the booking under Clause 5.1.
      4.4 In the event of cancellation due to circumstances such as illness, emergency intervening actions preventing your booking taking place, we will at our discretion, allow the Customer to transfer that cancelled booking to another date, subject to availability of the booking date/s requested.

   5. Owner’s obligations during the Rental Period
      
      5.1 The Owner agrees that the Customer may quietly possess and enjoy the Property during the Rental Period without any interruption from the Owner or any person claiming under or in trust for the Owner.
      5.2 We shall provide adequate bed linen, towels and other amenities as shown in the listing and/or inventory at the Property. Please not that any items of our inventory that are taken, missing or damaged beyond reasonable use hall be charged for at their actual cost of replacement.
   6.  Customer’s obligations during the Rental Period
      
      6.1 The Customer shall use the Property in a reasonable and careful manner, and not allow it to be misused. Please note that you should ensure adequate safety and usual security precautions are adopted, as we cannot accept any responsibility for any theft, loss or damage to your belongings, personal property, or for any loss or injury to children or pets.
      6.2 The Customer shall make good all damage caused to the Property (including the Owner’s fixtures and fittings) or to any other property owned by the Owner through:
             6.2.1 any breach of the obligations set out in these Terms and Conditions;
             6.2.2 any improper use by or negligence of the Customer or any person at the Property with the Customer’s permission.6.3 The Customer shall keep the items specified in the Inventory clean and in the same condition as at the commencement of the Rental Period (fair wear and tear and damage by insured risks only excepted) and shall be responsible for the replacement of the damaged articles of the same sort and equal value such as may be lost broken or destroyed (or at the option of the Owner to pay compensation to the Owner and/or deduction of the same from the security deposit).
      6.4 The Customer shall not block or otherwise damage the taps, baths, wash basins, toilets, cisterns or pipes within or exclusively serving the Property.
      6.5 The Customer shall keep the Property heated to a reasonable level during the winter months to prevent damage to the Property or the water pipes drains tanks and other plumbing apparatus by cold weather.
      6.6 The Customer shall report to the Owner any damage, destruction, loss, defect or disrepair affecting the Property as soon as it comes to the attention of the Customer.
      6.7 The Customer shall place all refuse in the appropriate receptacle(s) provided for the Property by the Owner or any other competent authority.
      6.8 The Customer shall allow the Owner and/or his agent or anyone with the Owner’s written authority together with any workmen and necessary appliances to enter the Property at reasonable times of the day to inspect its condition and state of repair and to carry out any urgent repairs provided the Owner has given reasonable notice (with regard to the work to be undertaken) beforehand and the Customer shall not interfere with or obstruct any such persons.
      6.9 The Customer shall in cases of emergency allow the Owner or anyone with the Owner’s authority to enter the Property at any time and without notice.
      6.10 The Customer shall use the Property as a private holiday let for a maximum of the time shown in the agreed rental period, and for the specified number of people only.
      6.11 The Customer shall not do anything on the Property which may be a nuisance to or cause damage or annoyance to the Owner or the tenants or occupiers of any adjoining property.
      6.12 The Customer shall not play any musical instrument or other music device which can be heard outside the Property after 10pm or before 9am.
      6.13 The Customer shall not use the Property for any illegal or immoral purposes or for any business or commercial purposes.
      6.14 The Customer shall not use the Property in a way which contravenes a restriction affecting the Owner’s freehold (or superior leasehold) title which the Owner has brought to the Customer’s attention.
      6.15 The Customer shall not cause or permit any dangerous or inflammable substance to be in the Property apart from those needed for general domestic use. Nor to cook any noxious ingredients or ‘exotic’ or prohibited
      6.16 The Customer shall not display any notice or advertisement or slogan or poster that is visible from outside the Property.
      6.17 The Customer is prohibited from using the address of the property as their correspondence address or for the regular delivery of parcels and packages, except for the urgent delivery of required medical prescriptions.
      6.18 The Customer shall not keep any animal or pet on the Property without first obtaining the Owner’s written consent and subject to any conditions imposed by the Owner. We will usually allow 2 small well behaved and house-trained dogs or a larger single well behaved and house-trained dog.
      6.19 The Customer shall not smoke at the Property. Nor shall any recreational or prohibited drugs be used or consumed at the property.
      6.20 The Customer shall comply with any planning conditions affecting the Property which the Owner has brought to the Customer’s attention.
      6.21 The Customer shall not assign or sublet the Property or any part of the Property and shall not part with possession or share occupation of the Property or any part of it.
      6.22 The Customer shall not permit any person to occupy the Property as a lodger.
      6.23 The Customer shall not alter add to or interfere with the appearance structure exterior or interior of the Property or the arrangement of the fixtures furniture and effects belonging to the Owner.
      6.24 At the end of the Rental Period the Customer shall remove their belongings from the Property and leave the Property clean and tidy so that the Property is ready for immediate re-occupation.

   7. Forfeiture

      7.1 If there has been a substantial breach of any of the Customer’s obligations the Owner may forfeit (immediately bring to an end) the letting that exists in relation to the Property and may recover possession of the Property. The other rights and remedies of the Owner will remain in force.

   8. General

      8.1 Any obligation on the Customer in these Terms and Conditions not to do an act or thing also includes an obligation not to permit or allow another person to do such act or thing.
      8.2 If you have booked using a third-party online website, you will also be bound by these Terms and Conditions, which you hereby accept, shall ride with and in any event, take precedence over theirs.
      8.3 Whenever there is more than one person comprising the Owner or the Customer their obligations may be enforced against all of them jointly and against each of them individually.
      8.4 The Owner and Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
      8.5 The rental of the property does not create or constitute a Tenancy or AST.
      8.6 Circumstances Beyond Our Control (Force Majeure).
      8.6.1 No Party to this Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause, that is beyond the reasonable control of that Party. Such causes include but are not limited to, the likes of power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, pandemic or epidemic, health restrictions or government lockdowns, restrictions or closures, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
      8.6.2 In the event that a Party to this Agreement cannot perform their obligations herein as a result of force majeure for a continuous period of 3 months, the other Party may at its discretion terminate this Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all expenses provided up to the date of termination.
      8.7 With regard to the above and in relation to your personal travel and belongings, (see also 7.1) you are strongly advised to take out your own temporary holiday insurance.
      8.8 The Customer is hereby notified that notices (including notices in proceedings) must be served on the Owner by the Customer at the following address:  James & Christina, 9 Coniston Road, Coventry, CV5 6GU ([email protected])

   9. Laws

      9.1 This contract between the Owner and the Customer shall be governed by the laws of England and Wales. The Parties hereby agree that any dispute or grievance or action will be under the jurisdiction of the court in England as the venue.