Introduction

The contract is made between:

a. the “Guest”: the person who makes the initial booking deposit payment for the “Stay” being the period the Guest wishes to book, being twenty-five years of age or over and who assumes responsibility for all party members and visitors; and,

b. the “Owner”: Abode Design and Development Ltd for Marners Rock No.3 and Lodsworth Holdings Ltd for Marners Rock No.1 and No.2, email: info@marnersrock.co.uk.

The contract confers upon the Guest the right to occupy the booked and paid-for Marners Rock apartment the “Property” for the purposes of a Stay and not for any other purpose. These terms and conditions will apply in every case without alteration unless otherwise agreed in writing before the commencement of the Stay.

2. Reservations and bookings

The minimum Stay is 3 nights although, by agreement, a 2-night Stay may be accepted if the Guest pays an additional short stay premium as shown on the accommodation booking form.  In exceptional cases, Marners Rock No.1 can be booked for 1 night by arrangement and an additional one-night fee.

To make a reservation the Guest must send to the Owner by email (or the Contact form) the following details:

• the dates to be reserved at the published price
• their name, address, home landline number, and mobile phone number to be used during their stay
• the full names of everyone who will be staying and the ages of those under 21

The Owner will also send a payment schedule showing the date by which both the final payment of 50% of the cost of the Stay and the refundable good housekeeping deposit will be due no later than four weeks before the Stay starts. A reminder will normally be sent.

If the Guest books less than four weeks before the arrival date, payment of the total cost including the refundable good housekeeping deposit shall be due immediately.

The Guest by sending a booking request is confirming acceptance of these Terms and Conditions. A booking for a Stay will be confirmed and this contract comes into operation only when the initial booking deposit and a list of everyone who will be staying and the ages of those under 21 have been received.

The Owner will send an email to confirm acceptance of the initial payment and the booking. The Owner reserves the right to refuse any booking prior to the issue of a written confirmation.

Upon receipt of both the final payment of 50% of the cost of the Stay and the refundable good housekeeping deposit, the Owner will send directions, the key safe passcode and useful information.

If payments are not received by due dates, the Owner shall be entitled to treat the Guest’s reservation as cancelled and any monies paid may be forfeited and unpaid monies shall remain payable unless the Owner is able to re-let the Property for the full period originally booked.

The Owner has the absolute right to refuse any bookings. In this case, monies received shall be promptly returned to the Guest. The Owner reserves the right to cancel or alter arrangements made for the Guest whether before or during the relevant visit (a) where any error has arisen regarding availability, (b) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the control of the Owner or (c) wherein the reasonable opinion of the Owner, it is necessary to perform or complete essential remedial or refurbishment works.

Bookings cannot be accepted from groups of single persons under the age of twenty-five nor from groups of all male or all female parties and, if at the commencement of the Stay, it appears to the Owner that this condition has been broken, the Guest and his or her party may be refused access, the booking may be cancelled, any monies paid may be forfeited and unpaid monies shall remain payable.

The Guest cannot allow more people to stay in the Property than expressly authorised or significantly change the makeup of the party during the Stay in the Property. Nor can the Guest take a pet into the Property unless it has been arranged in advance and it is shown on the booking confirmation. If the Guest does so, the Owner can refuse to hand over the Property to the Guest or can require the Guest to leave it. Any of these circumstances will be treated as the Guest cancelling the booking.

Electricity, gas, water services, heating, Wi-Fi are included in the cost of the Stay.

3. Refundable good housekeeping deposit

The Guest must pay a refundable good housekeeping deposit of £350, four weeks before the start of the Stay, against any failure by the Guest to comply with these terms and conditions.

This deposit is held by the Owner and returned to the Guest within 28 days of the end of the Stay (subject to the full vacant possession of the Property) and after deduction of any sums due to the Owner.

The Guest agrees to inform the Owner of all damage or breakages as soon as they occur and before checking out and to pay for all costs of any breakage or damage in or to the Property.

4. Payment

All payments shall be made to the Owner by bank transfer unless otherwise agreed. All bank charges incurred will be charged to the Guest and deducted from the refundable good housekeeping deposit if necessary.

5. Arrival and departure

The Guest agrees to arrive no earlier than 4 pm on the agreed arrival date, and leave no later than 10 am on the agreed departure date unless otherwise agreed in advance in writing.

6. Occupancy

The Guest must not use the Property 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 any neighbours. No fireworks, Chinese or sky lanterns (or other lights or illuminations which have naked flames) shall be let off from the Property.

7. Smoking

Smoking and Vaping is not allowed inside any part of the Property or on the roof terraces.

        8. Health & Safety

a. The Guest warrants to the Owner “Guest Safety Warranties” that he/she shall, and ensure that each member of the Guest party shall:

1. familiarise him/herself with (or be made aware of) the contents of any information pack at the Property, including but not limited to those sections regarding safety and fire escape (“Property Information Pack”);
2. ask the Owner immediately if any instructions in the Property Information Pack are unclear;
3. comply with any instructions in the Property Information Pack. and in any event, shall not (and shall not permit anyone at the Property to):
   – smoke or vape at the Property;
   – leave lit candles or similar in the Property;
   – leave any woodburner, stove, open fire, naked flame, BBQ, gas hob or oven unattended when lit/hot;
   – leave children and/or pets unattended at the Property;
   – leave the Property unlocked when vacant;
   – vandalise, damage or deface the Property;
   – Cause damage to any of the fixtures, fittings, appliances and linens provided
   – cause a nuisance to neighbours;
   – allow any person or pet to reside at the Property who is not a member of the Guest party;
   – do anything which could render the Owner’s insurance policy(ies) in respect of the Property void or voidable

       Collectively “The Guest Safety Warranties”

b. The Lead Guest shall indemnify and keep the Owner indemnified against any loss, cost or expense any of them may suffer from time to time as a result of a breach by the Guest party of any of the Guest Safety Warranties.

c. In the event of a breach of the Guest Safety Warranties the Owner may immediately terminate the Guest Party’s occupation of the Property. In the event that the Contract is brought to an end in this fashion, the Owner shall have no liability in respect of any losses suffered by the Guest party.

d. The Guest shall allow the Owner or its representatives access to the Property during their stay to check compliance with this Agreement.

9. Care of Property, and damages and breakage

The Guest undertakes to take proper care of the Property including all its contents and surrounds and to leave the Property in the same state of repair, condition, cleanliness and tidiness as at the beginning of the Stay. The Guest agrees not to cause any damage to the walls, doors or windows of the Property. The Guest must notify the Owner of any breakages or damages immediately when they happen. The Guest may at the Owner’s discretion be required to reimburse the Owner for replacement, repair or any extra cleaning costs.

The Guest agrees:

• to keep the Property clean and tidy at all times
• to inform the Owner of all damage, loss or breakages as soon as they occur and before checking out
• to the Owner retaining an amount from the refundable good housekeeping deposit to pay for any damage, loss or breakages
• to inform the Owner of any disrepair or defect in the Property as soon as it is noticed
• not to remove any kitchen utensils and equipment from the house, with the exception of the picnic ware and picnic cutlery for the purpose of picnicking.
• not to block the shower, bath, sinks, lavatory, cistern, drains, gutters, pipes, chimneys and the like
• not to put anything down the toilet apart from human waste and toilet tissue.
• not to allow shower water to flow over onto the bathroom floor
• to wash dogs down before entering the Property
• not to wash dogs or sandy items in the shower, bath or sinks
• not to re-arrange, change or remove any of the Property’s installations, furniture, fixtures and fittings
• not to change or install locks on any doors or windows nor have additional keys made for any locks
• to put out all recycling and rubbish for collection on the specified days
• to not go into cupboards that are locked or marked ‘private’
• not to allow children on the terrace unsupervised.

There are certain consumables made available at the beginning of the stay but once they are used it is for the Guest and their party to purchase more if required.

10. Dogs

Well-trained dogs are accepted in advance agreement with the Owner and on the condition that they are not allowed in the bedrooms, on the furniture nor left unattended in the accommodation. Dogs are allowed on the living room furniture provided the Guest brings their own blankets to cover the furniture. A maximum of 2 small dogs or 1 large dog is allowed. A charge of £50 per stay will be made for dogs (guide dogs for the blind and hearing dogs for profoundly deaf people excepted). No other domestic pets can be accepted.

The Guest must bring dog beds and all other equipment needed for their pets. Dogs must have been treated to remove worms, fleas and ticks before arrival.

11. Cancellations due to government public health measures

If the Guest cancels their booking because UK government public health measures mean they are not legally allowed to travel or they are prevented from using their booking, they may choose one of the following options:

• receive a full credit of any amount already paid to use towards rebooking the Stay at a later date. In this case, the Owner will not charge any administration fees and will maintain for 12 months the seasonal rates valid at the time of the Guest’s original booking;
• receive a refund of the amount the Guest has already paid for the booking, excluding £100 to cover administration. If the Guest booked their Stay through an online travel agency, the Guest may still be liable to pay any fees they have charged the Guest according to their own terms and conditions.

12. Cancellation

In the event of cancellation:

a. by the Guest

If the Guest needs to cancel or amend a booking the Owner must be informed in writing or by email. A cancellation will not take effect until the Owner receives written confirmation.

 If the Guest cancels before the due date for payment of the balance of the rent the booking deposit of 50% shall be forfeited.

 Non-payment of the balance of rent by the due date shall cancel the booking and the booking deposit of 50% shall be forfeited.

If the Guest cancels the booking for any reason following payment in full for the Stay, no refund will be made unless the Owner re-lets at full rent which it is under no obligation to do. On receipt of the written cancellation, the Owner will endeavour to re-book the Property for the Stay period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid less £100 (one hundred pounds) to cover administration. The Owner reserves the right to discount the cost of a cancelled stay for late availability bookings, which may lead to no refund being payable.

b. by the Owner

The Owner would not expect to have to make any changes to or cancel a booking but if, due to circumstances beyond the Owner’s control, this does happen the Owner will contact the Guest as soon as is reasonably practical. If it is necessary to cancel a booking, the Owner will refund the balance of any money paid. The Owner will endeavour to find an alternative suitable date for the Guest.

13. Booking amendments

The Owner cannot guarantee the availability of the Property on a different date, but where an amendment can be made, taking account of differing rates, a fee of £50 to cover administration shall be charged.

14. Liability

The Guest agrees to ensure that each member of their party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other Property) and health insurance (including evacuation and repatriation coverage).

Use of the Property is entirely at the Guest’s own risk and the Owner accepts no liability for any accident, damage, loss, injury, expense or inconvenience, which may be suffered, incurred, arrived out of, or in any way connected with the Stay. But nothing in this agreement limits or excludes the liability of the Owner for death or personal injury resulting from the Owner’s negligence.

The provision of wireless broadband internet access is a complimentary facility and the Owner accepts no liability for loss of coverage or quality where technical problems are experienced.

If the Property becomes unavailable or unusable for any reason prior to the start of the date of or during the Stay, then the Owner’s obligation will be to reimburse the Guest for any monies paid or in the case of disruption during a Stay, pro-rata.

The information and description given on the website are for guidance only. The Owner has made every reasonable effort to ensure that the information given in relation to the Property is accurate and complete but no liability is accepted for any minor errors in description. The Owner reserves the right at any time to alter the Property as the Owner sees fit. In case of any discrepancy between the descriptions and pictures of the Property and the Property, these conditions prevail.

If for any reason beyond the Owner’s control, the Property is not available on the date booked (due to fire damage, for example) all monies paid in advance by the Guest will be refunded in full but the Owner shall not have any further liability to the Guest.

The Guest agrees to take all necessary steps to safeguard their personal Property. No liability to the Guest is accepted in respect of damage to or loss of such Property.

If there is any material breach of these conditions including, but not limited to vandalism or disturbance, the Owner and/or their representative reserves the right to re-enter the Property and terminate the Stay without prejudice to the other rights and remedies of the Owner.

15. Rights of entry

The Owner or a representative of the Owner shall be allowed the right of entry to the Property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance.

16. Repeat bookings

The Owner accepts no obligation to reserve specific dates on a repeat basis.

17. Complaints

Every care is taken to ensure that the Property is presented to Guests to a high standard. Should the Guest at any time believe there is a problem or a cause for complaint, it is essential that the Guest contacts the Owner immediately during the Stay, not after it, so that it can be speedily resolved. If any complaint cannot be resolved during the Guest’s Stay, the Guest must write to the Owner with full details within 28 days of the end of it.

      18. Out of Hours Emergency

In the event of an emergency please call the out-of-hours number provided in the Property Information Pack. Please only call this number for the following reasons
a. No Power
b. No Heating
c. No Water
d. Serious Leak
e. Locked Out of the Property
Please note that an inability to access WIFI is not deemed an emergency. Any issue not deemed to be an emergency will be responded to on the next business day.

19. Law

The contract between the Guest and the Owner is governed by the Law of England and any dispute, matter or other issues which arise will be dealt with by the Courts of England.

The person paying the initial payment hereby certifies that he or she is a member of the party intending to occupy, is over twenty-one years old and is authorised to agree to the terms and conditions on behalf of all persons who stay at the Property.