A North Yorkshire Luxury Holiday Cottage

For the purposes of these Terms and Conditions, ‘Visitor’ means the person named in the confirmation invoice (the "Confirmation Invoice"), and ‘The Owner’ means E.K.Smith

1 Agreement
1.1　These Terms and Conditions are printed on the reverse of the Confirmation Invoice. The making of a booking (unless cancelled within 7 working days of receipt of the Confirmation Invoice) will form an agreement on these Terms and Conditions (the ‘Agreement’) between the Visitor and The Owner for the holiday rental of the cottage shown in the Confirmation Invoice.or as otherwise agreed in writing by The Owner and the Visitor (the ‘Accommodation’).

1.2　The Owner permits the Visitor to occupy the Accommodation for the period shown in the Confirmation Invoice ("Holiday Period") together with the use of the furniture, fixtures and effects.

1.3 　The Visitor will be responsible for all payments and for any damage whether caused by the Visitor or his or her party. References to ‘party’ in these Terms and Conditions will include the Visitor’s family, servants, agents or guests. The Visitor is advised to make his or her party aware of these Terms and Conditions.

1.4　The Confirmation Invoice will show the holiday price at the time of booking.　

2 Cancellation
The reservation may be cancelled at any time by the Visitor giving The Owner notice in writing. A 100% cancellation charge will be payable. On receipt of the written cancellation The Owner will endeavour to re-book the Accommodation for the Holiday Period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid less £50.00 (fifty pounds) to cover office administration.

3.1　The Owner reserves the right to refuse any booking.　

3.2　The Owner reserves the right to cancel or alter arrangements made for the Visitor whether before or during the relevant visit (a) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the Owner or (b) where in the reasonable opinion of The Owner it is necessary to perform or complete essential remedial or refurbishment works.

3.3　If a booking has to be cancelled by The Owner, The Owner will return to the Visitor the relevant proportion of the money paid by the Visitor to The Owner in respect of the Accommodation and will not otherwise be liable for any loss caused by cancellation or alteration if it arises out of circumstances beyond its control.

4 Visitor Accommodation Limitation
Occupation must be limited to the maximum number of persons for the Accommodation stated in the brochure or on the website.　

5 Joint Bookings
The booking should be made in one name only and that person (the Visitor) shall not, without the written consent of The Owner, assign the booking.

6 Services
Unless otherwise stated in writing, the holiday price will include all charges for water, gas, electricity, or oil. Visitors must comply with the instructions found in the welcome pack regarding the appropriate use of open fires . Any damage caused by using fires inappropriaty will be charged to the Visitor.

7 Loss of Visitor Property
7.1　Except as indicated below, The Owner cannot be held responsible for loss or damage to any belongings, or for injury sustained by the Visitor or members of his or her party during their stay at the Accommodation. The Owner excludes liability for loss or damage to any belongings, or for death or injury sustained to the Visitor or members of his or her party during their stay at the Accommodation except to the extent that such injury or loss or damage to any belongings is caused by the negligence or default or breach of The Owner of any duty.　

7.2　The Visitor shall be liable for and indemnify The Owner against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by The Owner arising from the Visitor’s use or occupation of the Accommodation which arise from any breach by the Visitor of his or her obligations under the Agreement or from any negligence or wilful default of the Visitor and/or the Visitor’s party.

　
8 Owner Right of Entry
The Owner and/or its agents reserve the right to enter the Accommodation at any reasonable time for reasonable cause. This includes the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process.

9 Visitor Obligations
9.1　The Visitor undertakes to keep the Accommodation and all the furniture, fixtures and effects in the same state of repair and condition as at the commencement of the booking period (reasonable wear and tear excepted) and shall pay to The Owner the value of any part of the Accommodation, furniture, fixtures, fittings and effects so destroyed or damaged as to be incapable of being restored to its previous condition. Breakages and damage must be reported as soon as possible.

9.2　The Visitor must allow The Owner and/or its agents to enter the Accommodation to inspect the state of it, on prior appointment save in emergency when immediate access must be granted.

9.3　The Visitor must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to The Owner or to any neighbours.

9.4　Smoking is not permitted in any part of the Accommodation and the Visitor and any member of his or her party undertakes not to smoke inside the Accommodation.

10 Property Cleanliness
The Visitor and members of his or her party are asked to leave the Accommodation clean and tidy. The Owner reserves the right to make a reasonable charge for extra cleaning if the Accommodation is not left in a satisfactory condition.

11Family Occupation
11.1 　The Accommodation shall be for family use only, not for youth groups or student parties. Sleeping in tents or motor vehicles adjacent to the Accommodation is not permitted.

11.2　The Agreement is personal to the Visitor.　 The Visitor must not use the Accommodation except for the purpose of a holiday by the Visitor and the Visitor’s party during the Holiday Period, and not for any other purpose or longer period.

11.3 The maximum occupancy of the Accommodation shall not be exceeded.　 If the Visitor wishes to hold any function or celebrations exceeding this limit it must first obtain the written permission of The Owner.　 If permission is granted, an additional charge will be levied.　

12 Comments/Complaints
Every reasonable care will be taken to ensure that the Accommodation is presented to visitors to a high standard. Should the Visitor find on arrival that there is a problem, or cause for complaint, the Visitor should immediately contact the local representative. Reasonable steps will then be taken to assist the Visitor. The Owner will not normally make any refunds in respect of complaints made after the Visitor's departure from the Accommodation if the Visitor did not make the complaint or the problem known to the local contact during the holiday.　

13 Arrival and Departure Times
13.1 　Adherence to the arrival and departure times forms part of the Agreement and any stay that extends over this period will be subject to a charge being made for additional days. Arrival time is after 3.30pm on the first day of the holiday and Departure time is before 10.00am on the last day of the holiday.

14 Right to Evict
The Owner reserves the right to ask the Visitor and his or her party to leave the property (without compensation being payable to the Visitor or any member of his or her party) if this is deemed necessary by The Owner where if there is a serious　 breach by the Visitor of the Agreement or their behaviour is such as to endanger the safety of other visitors or members of staff . If any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed we shall give the visitor an opportunity to rectify the breach and failure to do so shall entitle the owner to terminate the agreement.　

15　 Failure to exercise
The fact that The Owner does not exercise any of its rights under the Agreement in any particular incidence of breach or default by the Visitor shall not constitute a waiver by The Owner of such right in that or any subsequent incidence.

16 Severance
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be affected.

17 Rights of Third Parties
The Contracts (Rights of Third Parties) Act 1999 might give rights to third parties who are not parties to this contract.　　 The parties agree that this will not apply and that, subject to clause 1.3, only those signing the contract shall have rights and obligations under it.

18 Headings
The headings in this document are included only for convenience, and do not affect the meaning of the clauses to which they relate.

19 No Tenancy
The Agreement is for the Holiday Period and is not intended to create the relationship of Landlord and Tenant between the Visitor and The Owner.　 The Visitor shall not be entitled to a tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure now or upon termination of the Agreement.