Any contract to hire a holiday home incorporates Conditions 1 to 17 below and is between Elysian Fields and you as the hirer. The contract does not take effect until Elysian Fields dispatches written confirmation of your booking to you. The contract is made in England and is governed in all respects by English Law.
1 HIRE TERMS
All terms are quoted in £ sterling for the holiday home, equipped as described, unless otherwise stated. As soon as the booking is confirmed by Elysian Fields the hire terms are guaranteed.
2 NUMBERS OF PERSONS
The maximum number of persons allowed in each holiday home is 2. Additional persons may not be accommodated. Elysian Fields reserves the right to terminate the hire without notice and without refund for breach of this condition
3 EXTRA COSTS
If extra items or services are available or offered they will be additional to the hire terms. All items currently included in the hire terms are clearly indicated in the particulars issued.
Only dogs are accepted and a maximum of two per ground floor holiday home. An additional charge is payable. When you make you booking you must inform Elysian Fields that you intend bringing a dog. Record this on the Booking Form. Dogs must be on a lead when outside (except when within the front field). Dogs are not allowed other than in the holiday home lounge and are not to be left unattended at any time.
5 INITIAL PAYMENTS
If booking is more than 30 days ahead you must send the deposit stated on the booking form when this is returned.
6 LATE BOOKINGS
If a booking is made less than 30 days before the holiday start date, full payment must be sent with the booking form.
7 BALANCE OUTSTANDING
Once your booking has been confirmed by Elysian Fields you are responsible for the whole of the hire terms. The balance of hire must be paid to Elysian Fields no later than 28 days before the hire start date. No reminders are sent if the balance is not paid by the due date. Elysian Fields reserves the right to cancel the booking and treat it in accordance with Condition 8.
In no circumstances are post dated cheques acceptable and Elysian Fields reserves the right to recover the cost of any bank charges incurred in handling dishonoured cheques.
8 BOOKING CANCELLATIONS
If you cancel your booking you must immediately notify Elysian Fields in writing by first class Recorded Delivery, quoting your Booking Reference. In all cases of cancellation the deposit is forfeited. Elysian Fields will use its best endeavours to re-let the holiday home on the same hire terms but unless such a re-let is obtained you will remain responsible for the payment of the full balance of hire, less only an allowance for services not provided. If your cancellation reaches Elysian Fields more than 56 days before the holiday start date, then this requirement will be waived.
9 NON ARRIVAL
If you do not arrive at the holiday home by midday of the day following your hire start date and you have not advised Elysian Fields that you will be late, Elysian Fields shall be entitled to place the holiday home for re-let forthwith. Under the foregoing circumstances and in accordance with condition 8 above, if the Holiday home is not re-let you will remain responsible for the balance of hire, if any; or if the holiday home is re-let for only part of the period or for less monies, you will remain responsible for the outstanding balance of hire.
The normal time of occupation is after 3pm on the hire start date. If your arrival is delayed you must advise Elysian Fields so that suitable arrangements can be made for entry to the property. If Elysian Fields are prevented by circumstances beyond their control from making the holiday home available and another similar unit is available, this will be used. If Elysian Fields cannot provide an alternative, they will refund all monies paid by you but no further liability will be accepted.
The holiday home must be vacated by 10am on the final day of hire and must be left in a clean condition. Breakages and damages must be reported.
12 UNSUITABLE HIRERS
Elysian Fields reserves the right to decline to accept a booking or refuse to hand over a holiday home to any persons where in the opinion of the owner of Elysian Fields facilities are not suitable for the persons on the ground of age, ill health, disability, inexperience or any other reason. In such cases all monies paid shall be refunded in full and the contract shall be discharged without further liability on either party. Elysian Fields reserves the right to repossess the holiday home at any time where damage has been caused by the hirer or any member of his party. In such cases Elysian Fields shall not be liable to make a refund of any part of the monies paid.
Every effort is made to ensure that the description of each holiday home is accurate when provided at the time of booking. Elysian Fields reserves the right to make modifications to the holiday home whether required by law or operating considerations. If modifications are made after the booking is confirmed, full details will be sent to the hirer, who may within 7 days cancel the booking and Elysian Fields will return all monies paid by the hirer but no further liability will be accepted.
14 HIRER’S RESPONSIBILITIES
The hirer is responsible for the holiday home and its’ equipment during the period of hire and is expected to take all reasonable care of it. The holiday home is let fully furnished. Bed linen is provided. The hirer undertakes to report and pay for any damage caused to the holiday home or for equipment lost, damaged, broken or stolen during his occupancy of the holiday home. Replacements are not acceptable. All the equipment must be left in a clean condition at the end of the period of hire. A charge may be made by Elysian Fields if any additional cleaning is required.
15 HIRER’S PROPERTY
Elysian Fields does not accept any liability for loss of, or damage to personal effects, baggage, motor vehicles, or any other item belonging to the hirer or any member of his party, except in so far as the loss or damage arises from a substantial defect in the holiday home and which should have been known to the owner of Elysian Fields.
If the hirer is not satisfied with some aspect of the holiday home the hirer should contact the owner of Elysian Fields immediately to resolve the problem. If he is not satisfied with the action taken by the owner, he must within 7 days of the end of the period of hire put his comments in writing to Elysian Fields by first class Recorded Delivery. Unless this procedure is strictly observed Elysian Fields cannot entertain any claim arising out of the complaint. Any dispute which cannot be settled between the parties shall be referred to the Cumbria Tourist Board acting as an arbitrator, or to a single arbitrator agreed to between the parties (or failing agreement to be nominated by the Chartered Institute of Arbitrators on application of either party) in accordance with the Arbitration Act 1950 or any statutory modifications or re-enactment thereof for the time being in force.
17 PREVIOUS CONDITIONS
These conditions supersede and replace all previous issues.