Booking Conditions

In these Conditions of Hire "we" "us" "our" means "Peak Cottages .Limited", Strawberry Lee Lane, Totley Bents, Sheffield, S17 3BA, acting as booking and letting agent for and on behalf of the owner of the Premises ("the Owner").

"the Hirer" means the person or persons whose name or names appear on the Booking Form

"the Booking Form" shall mean the booking form as set out in this brochure

"the Premises" means the house / flat / holiday Ghalet I bungalow / cottage including yard / garden / the paths with them owned by the Owner as detailed in the Booking Form.

"the Furniture" means the fixture fittings fiurniture and effects set out in the inventoly held by us which sets out the individual items and their present condition.

"occupancy" each of the Premises property is of offered only on the understanding that no more than the maximum number of people indicated in the brochure shall use it.

"Services" the service provided to the Hirer by us under the terms of these conditions.

We reserve the right to refuse or curtail any booking which appears (via the booking form, or from other information received) not to meet this requirement, either by numbers in the party or composition. We also reserve the right to make any booking subject to deposit/returnable bond being received against inventory and cleaning, refundable after the holiday, less any damaged or missing items and less any other than normal cleaning being necessary by us. Returnable bond of 100 (with the final balance payment) is taken for all Christmas and New Year bookings and is refunded within two weeks after the end of the holiday period. Please note your holiday is not confirmed until you have received written confirmation from Peak Cottages and we reserve the right to refuse any booking before we have issued the written holiday confirmation.

Credit Card Payments To recover credit company charges on the company we levy a 21/2 % charge which will be added to the total cost per transaction. There is no charge for debit cards.

1. These Conditions of Hire and the Booking Form when signed by us shall constitute a binding contract between the Hirer and the Owner.

2. The Hirer takes the Premises and agrees to pay to us the Rent in accordance with the provisions of the Booking Form and these Conditions of Hire otherwise we shall be free to cancel the booking, by giving notice to the Hirer and to retain all monies paid by the Hirer and relet the Premises and to claim all losses and expenses incurred (including the loss of rent commission and otherwise) incurred by us and the Owner, from the Hirer. Once the booking is received by Peak Cottages the clients are liable for payment of the balance of the rent.

3.1 We and/or the Owner will release the keys of the Premises to the Hirer (or any one of them provided written consent authority from the remainder of the persons to occupy the Premises is (produced) on payment of the Rent in accordance with the Booking Form.

3.2 In order that Premises can be thoroughly inspected between lets, holidays commence at 3.00 pm on arrival day and terminate at 10.00 am on departure day.

4. The Hirer will:

(i) not make any alterations or additions to the Premises the decorations Furniture, nor deface the Premises, and will keep and leave the premises and the Fumiture clean and tidy and in the sarne state of repair and condition as they are in on the day the Hirer takes up occupation, and not remove any of the Furniture from its position in the Premises;

(ii) not do anything on the Premises which may be or tend to be a nuisance annoyance or cause damage to the owners or occupiers of any neighboslring or adjoining property;

(iii) use the Premises for the purpose only of a private holiday residence for the number of persons indicated in this brochure and we reserve the right to withhold and/or withdraw the keys of the Premises if such number is exceeded. The Hirer will not assign sub let or part with or share possession of the Premises or any part of them under any circumstances whatsoever;

(iv) permit us or the Owner or our representatives to have Access to the Premises at all reasonable times;

(v) deliver to us all the keys of the Premises on the last of the dates mentioned in the Booking Form. In the event of any failure by the Hirer to do so the Hirer is liable to us for payrnent on demand of the full cost of any replacement keys and/or locks to the Premises.
(vi) upon us or the Owner or our representatives being called upon by the Hirer to provide entry to the Premises, as a result of the Hirer having left the keys inside the Premises or elsewhere or having lost the keys ofthe Premises, the Hirer will be required to pay all charges and costs incurred and there will be a minimum charge of 40.00 per call out together with the cost of any replacement keys and/or locks where the Hirer hereby agrees to pay on demand by us or the Owner.

5. If due to circumstances beyond our control we find it necessary to alter or cancel the reservation of the Premises by the Hirer use shall upon becoming aware of the circumstances inform the Hirer of the alteration or cancellation and

(i) endeavour to arrange and offer to the Hirer alternative accommodation of a similar type and standard and in a similar location as that reserved by the Hirer subject to our right to charge the Hirer any difference in price.

(ii) if the alternative accommodation is not available to the Hirer or it is not reasonably practical for us to arrange alternative accommodation or if the Hirer states in writing that the alternative accommodation offered by us is unacceptable to him within 10 days of our offering such accommodation, we shall refund in full all monies paid to the Hirer and shall not be under any further liability to the Hirer.

6. Cancellation Cover is not available – please take independent advice appropriate to your circumstances.

7. It is agreed by us and the Hirer:

(i) That the Premises are to be occupied by the Hirer for a holiday home as mentioned in the Housing Act 1988 Schedule I Paragraph 9 and the Hirer acknowledges that the tenancy granted by this Agreement is not an Assured Tenancy and that no statutory periodic tenancy will arise on the determination of the Term.

(ii) That we do not own the Premises and we are acting as letting and management on behalf of the Owner.

(iii) We will incur no personal liability for any error or misdescription in the particulars of the Premises as set out in our brochure which has been produced by us on instructions from the Owner and which to the best of our knowledge information and belief was correct at the time it was printed nor for any subsequent alteration in those particulars made on the Owners instructions.

8. Whilst every effort is made to ensure the accuracy of the information glven either orally or written and all representations are made in good faith, no such representations will create any liability on our part.

9. Price Changes. We reserve the right to amend prices quoted in the brochure due to errors or omissions, or changes in the VAT rate.

10. Brochure Descriptions. Some of the information in our descriptions details factors outside the Premises such as shops, public houses, churches. Closure of such premises and other changes to external facilities are outside our control and therefore these details cannot be relied upon absolutely. Bookings are accepted on the understanding that you have read the description in the brochure or on the current website.

11. Changing a Booking. Once a booking has been accepted by us the booking can be considered to be changed to another date/Premises providing the new dates and the Owners are agreeable to the change. In either event an administration charge of 25 will be levied.

12. This brochure and these Conditions of Hire supersede all previous issues.

13. If any clause contained in these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other clauses and the remainder of the clause shall not be affected.

14 The Hirer acknowledges that any claim relating to any matter arising out of these Conditions shall Hire against the Owner, and the Hirer accepts that we have no liability to the Hirer in relation to any matter other than any matter that arises out of our obligations as herein specified.

14.1 Except in respect of death or personal injury caused by our negligence or our employee or agents, we shall not be liable to the Hirer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract between us, for any indirect, special or consequential loss or damage, loss of profit, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or our employees or agents or otherwise) which arise out of or in connection with the supply of the Services and our entire liability under or in connection with the contract between us shall not exceed the price of the Services.

14.2 We shall not be liable to the Hirer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations, if the delay or failure was due to any cause beyond our reasonable control.

14.3 Data Protection - The Company needs to pass on your details to the owner/organisations that need to know. The owner or their representative will be supplied with the booking details and contact number of the client.

14.4 Liability - As the company acts only as an agent for the owner, the company cannot accept any liability for any act(s) or omission(s) of the owner or anyone representing or employed by the owner. Further, the company cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the owner.

15 Law
15.1 The laws of England shall govern the contract made between us, and the Hirer agrees to submit to the exclusive jurisdiction of the English courts.

16 Consumer
16.1 Where the Services are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the consumer are not affected by these terms.

17 Third Party Rights
17.1 The Contracts (Third Party Rights) Act 1999 shall apply to the terms of this agreement and the Hirers obligations to us or the Owner.

18. Waiver
18.1 No waiver by us of any breach by the Hirer of any provision shall be deemed to be a waiver of any subsequent breach of that provision or any breach of any other provision.
18.2 Rental Prices for 2011 may be subject to change and uplift.