Terms and Conditions of Hire
“the Lodge” shall mean Seaview Lodge, Morar
“the Owner” shall mean the owner or owners for the time being of the lodge who accepts a booking request from the Hirer.
“the Hirer” shall mean the person or persons who enters into a booking for hire of the lodge.
“the Hire Fee” shall mean the amount payable to the Owner by the Hirer for the temporary occupation of the lodge for a period of hire agreed between the parties, made up as to an initial deposit of £100 payable at the time of booking and the balance to be paid no later than six weeks before commencement of the Holiday Period
“the Holiday Period” shall mean the period of hire agreed with the Owner and shall commence at 4pm on the date of hire “commencement date”) until 9am on the date of termination (“Departure date”) of hire.
Where Hirer consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under this agreement and not just a proportionate part).
The Owner permits the Hirer to occupy the lodge for the Holiday Period in return for a hire fee (payment of which is required in advance) and to use the furnishings, kitchen equipment, crockery, glasses, bedding and towels as provided in the property by the Owner on the commencement date.
a) The Hirer must pay the hire fee. If they paid by cheque they must be cleared funds no later than 6 weeks before the Commencement Date.
b) If the Hirer fails to pay the hire fee and/or security deposit in full no less than six weeks before the commencement date, then the Owner reserves the right to cancel the booking and retain the deposit paid by the Hirer.
c) If the Hirer books the lodge within six weeks of the commencement date, the whole of the hire fee shall become immediately payable, unless agreed otherwise with the Owner, and if not paid immediately, then the Owner reserves the right to cancel the booking.
d) If the Hirer cancels the reservation no later than six weeks before the commencement date, then the Owner will retain the deposit but no further amount will be payable by the Hirer
e) If the Hirer cancels the reservation less than six weeks before the commencement date, then the whole of the balance is payable by the Hirer (net of the Security Deposit) and in those circumstances, if the Owner obtains an alternative booking for the same Holiday Period, then a full refund will be payable to the Hirer, but without creating any obligation on the Owner to find and secure an alternative booking to replace the Hirer’s booking.
f) The hirer must have vacated the lodge, with all his family and effects, by the end of the Holiday Period (that is to say 0900 hours on the Departure Date). Failure to do so may result in the Hirer being charged a further day’s hire fee calculated proportionately by reference to the published hire fee and the Security Deposit may be used in part or in whole in respect of the additional cost.
The Owner will issue to the Hirer one set of keys to the lodge on the Commencement Date and the Hirer must return them to the Owner on the Departure Date. If the Hirer loses a key the Owner will replace it upon the Hirer paying the reasonable cost of having a replacement cut.
4. Hirer’s obligations
The Hirer must:
a) keep the lodge and the furnishings, kitchen equipment, crockery and glasses clean and in good condition and the bedding and towels in good condition and be responsible for repairing any damage;
b) not cause any damage to the walls, doors or windows of the lodge;
c) 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;
d) NO PETS WILL BE ALLOWED IN THE LODGE
f) The Hirer must not use the lodge except for the purpose of a holiday by the Hirer and those persons notified to the owner and in any event no more than 7 persons during the Holiday Period and not for any other purpose or longer period.
g) The flowers and plants in the garden are not to be picked or pulled up.
h) No washing is to be hung out or left to dry outside the lodge [except on the washing line provided].
i) The Hirer’s car, motor cycle or other vehicle must only be parked in the parking space marked as allotted to go with the lodge.
5. Owner’s obligations
The Owner must:
a) allow the Hirer and his family enjoyment and use of the lodge for the Holiday Period free of interruption except in emergency;
b) provide clean bed linen and towels, drying-up cloths, soap, an initial supply of lavatory paper, washing-up liquid, soap powder and cleaning materials as reasonably required during the Holiday Period.
6. Early termination
The period of hire may be determined before the end of the Holiday Period by the Owner without notice in the event of the Hirer being in material breach of these terms or if the lodge becomes uninhabitable by reason of an event covered by the Owner’s Insurance Policy; and in such circumstances, the Owner will communicate details to the Hirer. In the case of determination otherwise than by reason of the Hirer’s default, the Owner shall return to the Hirer the appropriate proportion of the Hire Fee attributable to the then unexpired remainder of the Holiday Period.