BOOKING TERMS AND CONDITIONS
These Terms and Conditions apply to lettings of holiday accommodation by Kumari Hart Properties Ltd (“Manager”). The Terms and Conditions form the basis of your contract with the Manager so please read them carefully before making a reservation.
1. Definitions
“Block”
means the building and grounds known as The Limes or Abbey Court, Coventry.
“Booking Confirmation”
means the confirmation of booking provided to the Customer when a booking has been accepted;
“Customer”
means the person booking holiday accommodation;
“End Date”
means 10am on the last day of the Rental Period;
“Inventory”
means the inventory of fixtures furniture and effects at the Property a copy of which is kept at the Property;
“Property”
means the flat or apartment identified in the initial booking contact with the Customer together with the fixtures furniture and effects specified in the Inventory;
“Rent”
means the rent specified in the initial booking contact with the Customer;
“Rental Period”
means the rental period specified in the initial booking contact with the Customer;
“Start Date”
means from 3pm on the first day of the Rental Period.
2. Booking
2.1 A booking is made by the Customer agreeing to pay the Rent specified via text or WhatsApp message for staying in the Property.
2.2 Once the Manager has received the message from the Customer confirming acceptance of the Rent, the Manager will send the Customer a Booking Confirmation. At this point a binding contract exists.
2.3 If the Customer wishes to extend the Rental Period a request must be submitted to the Manager via Text/WhatsApp message and the Manager may at its discretion and subject to availability, grant such request.
2.4 In the case of an extension under clause 2.3, payment of the Rent must be paid at the time of the extension.
2.5 Where the Property specified in the Booking Confirmation becomes unavailable prior to the commencement of the Rental Period, the Manager may relocate you to an apartment of similar type and standard in a similar location. Where such alternative apartment is priced lower than the apartment specified in the Booking, the Rent shall remain the same. Where such alternative apartment is priced higher, the Rent may be subject to change.
2.6 Check-in to the property is between 15.00hrs and 22.30hrs on the Start Date. Check Ins later than 22.30hrs will incur a charge of £25 paid upon check in unless authorised in advance by the Manager.
2.7 The Customer must check-out of the Property by 10:00 am on the End Date. Failure to do so may result in a late check out fee of £20.
2.8 Earlier check-in or later check-out is subject to availability and will incur a £10.00 fee.
2.9 The Manager will provide the Customer with more specific instructions relating to check-in (including key collection) prior to the commencement of the Rental Period; and check-out instructions (including key return) on the day before the End Date
3. Payment of Rent
3.1 The Customer must pay the Rent due to the Manager at least 14 days before the Start Date.
4. Cancellation of Booking
4.1 All Booking cancellations must be notified to the Manager via email or text/WhatsApp message details specified in the Booking Confirmation.
4.2 If the Customer cancels the booking more than 5 days before the Start Date the Manager will refund all sums paid by the Customer.
4.3 If the Customer cancels the booking by giving less than 5 days notice the Manager shall be entitled to charge a cancellation fee equivalent to the full Rent.
4.4 If the Customer does not show to check-in to the Property as agreed the Manager will charge a cancellation fee equivalent to the ful Rent.
4.5 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.
5. Manager’s obligations during the Rental Period
5.1 The Manager agrees that the Customer may quietly possess and enjoy the Property during the Rental Period without any interruption from the Manager or any person claiming under or in trust for the Manager.
5.2 The Manager shall provide adequate bed linen and towels at the Property.
5.3 The Customer may use the paths drives hall corridors staircase and lift (if any) leading to the Property to go to and from it.
6. Customer’s obligations during the Rental Period
6.1 The Customer shall use the Property in a reasonable and careful manner, not allow it to deteriorate and keep it clean and tidy at all times.
6.2 The Customer shall make good all damage (both physical and non-physical (for example, bad odours from smoking or cooking) caused to the Property (including the Manager’s fixtures, fittings, and soft furnishings) or to any other property owned by the Manager 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 make good or replace with articles of the same sort and equal value such as may be lost broken or destroyed (or at the option of the Manager to pay compensation to the Manager).
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 Manager 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 receptacle(s) provided for the Property by the Manager or any other competent authority.
6.8 The Customer shall allow the Manager or the owner of the Block or their respective agents or anyone with their 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 necessary repairs provided the Manager 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 Manager or the owner of the Block or anyone with their authority to enter the Property at any time and without notice.
6.10 The Customer shall use the Property as a private holiday residence for a maximum of 4 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 Manager or the tenants or occupiers of any adjoining property.
6.12 The Customer shall not play any musical instrument or other 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.
6.14 The Customer shall not use the Property in a way which contravenes a restriction affecting the leasehold title which the Manager has brought to the Customer’s attention.
6.15 The Customer shall not cause or permit any dangerous or inflammable substance to collect in or on the Property apart from those needed for general domestic use.
6.16 The Customer shall not display any notice or advertisement that is visible from outside the Property.
6.17 The Customer shall not keep any animal or pet on the Property.
6.18 The Customer shall not smoke at the Property.
6.19 The Customer shall comply with any planning conditions affecting the Property which the Manager has brought to the Customer’s attention.
6.20 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.
6.21 The Customer shall not permit any person to occupy the Property as a lodger.
6.22 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 Manager.
6.23 The Customer shall not leave any belongings place any items or hang any washing in the communal areas of the Block.
6.24 The Customer shall comply with any regulations which the owner of the Block, its agents or any management company for the Block may from time to time make in the interests of good management of the Block.
6.25 At the end of the Rental Period the Customer shall remove the Customer’s belongings from the Property and leave the Property in good repair and condition (in the state it was provided) and clean and tidy.
6.26 Indemnify the Manager against all reasonable costs incurred by the Manager as a result of any failure to comply with return conditions as set out in Clause 6.
7. Forfeiture
7.1 If there has been a substantial breach of any of the Customer’s obligations the Manager may forfeit (i.e. bring to an end) the tenancy that exists in relation to the Property and may recover possession of the Property. The other rights and remedies of the Manager 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 includes an obligation not to permit or suffer another person to do such act or thing.
8.2 Whenever there is more than one person comprising the Owner or the Customer their obligations may be enforced against all of them jointly and a gainst each of them individually.
8.3 The Manager 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.
8.4 An obligation in these Terms and Conditions to pay money includes an obligation to pay Value Added Tax in respect of that payment (if applicable).
8.5 This Agreement between the Manager and the Customer shall be governed by the law of England and Wales.
8.6 The parties agree that any disputes arising under or in any way connected with the subject matter of this Agreement (whether of a contractual or tortuous nature or otherwise) shall be governed by the law of England and Wales and to the exclusive jurisdiction of the English courts.
8.7 No party will be liable to the other for and delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, pandemic, governmental act, war, fire, flood, explosion or civil commotion.
8.8 An omission by a party to exercise, or a delay in exercising, any right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies which that party may otherwise have and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
Any waiver of a breach of any of the terms of this Agreement or of any default under this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect the other terms of this Agreement.
8.7 Each party acknowledges that this Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior discussions, understandings and agreement between the parties and their agents except for such variations as shall be agreed inwriting by us and you.
Each party also agrees that in entering into this Agreement, it is not relying on any statements, warranties or representations given or made (whether negligently or innocently and whether express or implied), or any acts or omissions by or on the part of any other party in relation to the subject matter of this Agreement (except those expressly set out in this Agreement) and it undertakes not to enforce or pursue any rights or remedies with respect to such subject matter otherwise than under this Agreement and hereby waives and releases the other party in respect thereof absolutely.
8.10 Any notice or demand to be given under this Agreement by either party to the other shall be in writing and shall be deemed to have been properly served if left at or sent by first class pre-paid post to or text or WhatsApp message to the current number for that party’s address as mentioned in this Agreement or last known to the party sending the notice or demand and if so posted shall be deemed to have been received on the day following the date of posting and if sent by text or WhatsApp message shall be deemed to have been received one hour after the time of transmission or, if transmitted out of normal business hours, one hour after the subsequent opening of business.