HOUSE RENTAL TERMS AND CONDITIONS
1. Booking and General
1.1 “135” and “St Clements House” (the Homes and, individually, the Home) are the trading names for properties for rent at 135 All Saints Street, Hastings and 29 Croft Road, Hastings respectively, belonging to A G Hendy & Co (we, us).
1.2 You have agreed to rent, and we have agreed to let, one or both of the Homes (the Rental) on the following terms and conditions.
1.3 The period of the rental (the Rental Period) and the fee for renting the Home (the Fee) are agreed or are to be agreed between you and us.
1.4 Your Rental Period can be one of the following:-
a Weekend Booking, which comprises a Friday, Saturday and Sunday night;
a Weekly Booking, which comprises seven successive nights starting on a Monday (or on another night with our agreement); or
a Mid-week Booking, which comprises a Monday, Tuesday, Wednesday and Thursday night.
1.5 The Fee is payable in full in respect of each Rental Period and none of it will be refunded if you stay for part of, but not all of, your Rental Period.
1.6 To rent a Home you must first send a completed booking form (the Booking Form) to us, which we will send to you upon request. By completing and returning the Booking Form, you are representing that:
you have authority to agree these terms and conditions on behalf of all persons included on the booking form, including those substituted at a later date; and
you are over 18 years of age and a member of the party intending to occupy the Home.
1.7 All bookings, enquiries and correspondence should be directed to:
A G Hendy & Co
8-13 New Inn Street
London EC2A 3PY
+44 (0)20 7739 5995 or +44 (0)1424 447171
1.8 You will take responsibility for the acts of all the other persons occupying the Home with you and you will procure that they will comply with these terms and conditions.
1.9 You will not allow the number of people staying overnight at the Home to exceed the number stipulated in the online property description unless you have previously agreed this with us.
1.10 Your Rental is not transferrable to any other person.
1.11 You warrant that the Rental is not for a corporate booking, location hire or other commercial event (an Event), which is subject to different terms and conditions, at rates which vary from our standard Rental fees. If your Rental is for an Event, you must inform us and you will receive details of the applicable rates and packages. We reserve the right at any time to refuse to rent a Home or terminate a Rental without notice if you do not disclose that the Rental involves an Event.
2. Deposit and payments
2.1 If your Rental Period is due to start more than 60 days from the time of booking, you must send us a single payment of 50% of the Fee (the First Rental Payment) at the same time as you send the Booking Form to us. The First Rental Payment is not refundable.
2.2 If your Rental Period is due to start less than 60 days from the time of booking, you must send us a single payment of 100% of the Fee (Full Rental Payment), 50% of which is not refundable.
2.3 If you purchase any item or service from us that is extra to the Rental, these will be separately charged for.
2.4 Once funds have cleared on the First or Full Rental Payments (as the case may be) you will receive a booking confirmation, a receipt of your payment and a date by which any remaining payments (the Balance) must be made.
2.5 You must pay the Balance in cleared funds by the due date. Any failure to pay it may be treated as a cancellation in which case you will forfeit the First Rental Payment (or 50% of the Full Rental Payment, whichever is applicable). If the Balance is accepted by us after the due date, it will include an extra surcharge amounting to 1% per day of the Fee.
2.6 You agree that we may take a payment in respect of any possible loss or damage during the Rental Period (the Damages Deposit), which will operate on the terms as set out in clause 8. We require your card details for this or a refundable payment of £500 by bank transfer or by cheque with cleared funds seven days before your Rental Period starts (see clause 8).
2.7 All payments must be made in British Pounds Sterling. You will pay any bank charges to us that are associated with your payment (such as charges from our bank for handling payments received from overseas, dishonoured cheques, bank transfers or any other such charges) no later than seven days after we have given you notice.
2.8 We will not send you reminders so it is your responsibility to pay on time.
2.9 The First and Full Rental Payments and the Balance must be paid by the same person.We accept only a single payment for each of the Fee installments.
3. Method of Payment
3.1 Payments can be made by debit or credit card or by bank transfer or by cheque. A 3% surcharge is payable if your payment is made by credit card. Cheques are payable to “A G Hendy” and you must write your booking dates and booking name on the reverse side. Post-dated cheques are not accepted. These are our details: the account is ‘A G Hendy’, number 00021213; and the sort code is 30-94-93.
3.2 If you are paying by credit or debit card, the same card must be used to pay both the First and Full Rental Payments.
4. Changing a Booking
You may change the Rental Period provided that:-
the Home is available for the new Rental Period that you request; and
your request to change it is made in writing and no later than 60 days before the original day of arrival.
5. Cancellation and termination
5.1 If you cancel the Rental, the First Rental Payment (or 50% of the Full Rental Payment, whichever is applicable) is non-refundable, irrespective of the circumstances.
5.2 If you cancel the Rental after the Balance has been paid, all but the First Rental Payment (or 50% of the Full Rental Payment, whichever is applicable) will be refunded to you on the following basis:
100% will be refunded if you cancel the booking 60 days or more before the Rental Period;
50% will be refunded if you cancel the booking between 59 and 30 days before the Rental Period; and
25% will be refunded if you cancel the booking up until between 29 and 15 days before the Rental Period.
5.3 If you cancel the Rental less than 15 days before the Rental Period, there will be no refund save in circumstances which we, in our absolute discretion, consider to be exceptional.
5.4 We reserve the right to cancel your Rental upon reasonable notice for any cause. If we cancel it, all monies paid in respect of the Rental will be refunded.
5.5 If you or any of the persons occupying the Home with you are in breach of these terms and conditions, we may cancel or terminate the Rental at any time with immediate effect and without prior notice.
6. What we provide
6.1 We have taken reasonable care to make sure that online and printed media represent the Homes accurately but any descriptions and photographs are a guide only. From time to time we may update fixtures, fittings and facilities and we reserve the right to make these changes without prior notice.
6.2 Hot water, heating and fuel for the fireplaces are provided.
6.3 We do not provide a washing machine.
6.4 We provide fully-equipped kitchens suitable for self-catering. Although St Clements House has a dishwasher and microwave, 135 does not.
6.5 Where an inventory is provided, you must report any discrepancy to us within one day of arrival, otherwise the inventory will be deemed to be accurate.
6.6 Freshly laundered bed linen, bath towels, soap and kitchen tea towels are provided, and changed weekly during any Rental Period that extends beyond one week.
6.7 If you require laundry to be changed more frequently, please let us know prior to your arrival so this service can be arranged. An extra charge will be made for this service.
6.8 We are not be liable to you for the failure for any equipment installed at the property whether mechanical or electrical, but we will use all reasonable endeavours to repair it during the Rental Period.
7. Your obligations during the rental period
7.1 You agree to take good care of the Home and leave it in a clean and tidy condition at the end of the Rental Period. If you do not and atypical cleaning is required as a result (including but not limited to a breach of clause 10.1), we will deduct a minimum of £200 from the Damages Deposit (see clause 8).
7.2 You will allow us reasonable access to the property for inspection, security and maintenance during the Rental Period.
7.3 You will not remove any items from the Home.
7.4 You will not cause an annoyance or a nuisance to neighbours and, in particular, you will not:
use a sound system of any description;
make any noise outside the Home after 9pm; or
7.5 You will take great care with lit fires in fireplaces and lit candles at all times. No fire is to be left unattended at any time without a fireguard, and no candle left burning without an occupant in the same room.
7.6 You will take extra special care of the valuable antique furniture, upholstery, fittings and fixtures.
7.7 You will exercise reasonable care for your own safety and the safety of the other persons staying at the Home.
8. Loss or damage
8.1 A Damages Deposit is operated by us on the following terms. It is a condition of your booking that you agree to pay for any Damage which means any losses or damage caused by you or a fellow guest directly or indirectly to the Home or its contents or if you leave the Home in a condition such that atypical cleaning is required.
8.2 We will take payment for any Damage from the card you used for the booking. If you want to use another card, please tell us no later than seven days before your arrival. By proceeding with your booking, you consent to us holding your card details for up to 30 days after you leave, and that we can make the payment that we reasonably consider is due. If you prefer not to use your card for this, you can pay £500 to us by cheque or bank transfer for us to hold for up to 30 days. If you do this, cleared funds must reach our account no later than seven days prior to the Rental Period.
8.3 An inspection of the Home will take place following your departure. If we identify any Damage that has occurred during the Rental Period, details of the cost associated with the loss or damage (the Costs) will be notified to you before we take payment. If we conclude that there has been no damage, there will be no deduction from your card (or the £500 will be repaid to you in full, whichever is applicable) as soon as is reasonably practicable.
8.4 If the Costs exceed the amount of the Damages Deposit, the Damages Deposit will be forfeited and you will settle the remaining balance of the Costs in full within seven days of being notified of them.
8.5 A minimum of £200 may be taken from the Damages Deposit to pay for atypical cleaning in the circumstances set out in clauses 7.1 and 10.1.
8.6 For the avoidance of doubt, we are not liable for any damage caused to your possessions as a result of any accident or other event occurring in the Home.
9.1 We take complaints seriously. You must refer any complaint to us during the Rental Period so that, if necessary, an on-the-spot investigation can be made and remedial action taken.
9.2 We will not compensate you or refund any part of the Fee in respect of complaints you raise after the Rental Period.
10.1 Pets are permitted only with our prior consent and provided that they are:
kept under control at all times;
kept out of the bedrooms and off furniture (if pet hair is found in these places, this will require atypical cleaning and we will deduct a minimum of £200 from the Damages Deposit); and
never left in the Home unsupervised.
10.2 We are not liable for the safety or well-being of your pets.
In case of any inconsistency between these terms and conditions and statements made elsewhere, such as on our website, elsewhere online, in promotional literature, reviews, or testimonials, these terms and conditions shall take precedence.
Some of the information on our website may refer to local shops, attractions and public houses. We rely on these businesses to supply us with accurate information. Any closure of such premises or changes to their opening times, facilities or admission prices are outside our control and, to avoid disappointment, you should always check directly with them.