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  1. Contract Particulars

    This contract is made between the Holidaymaker and the Owner of the property for which the booking is made, and is deemed to be made subject to these Conditions of Hire and the Booking Conditions and information contained herein.

    Home from Home acts only as Agent for the Owner of the property, and therefore will not accept any legal responsibility for any act or neglect on their part or of anyone representing or employed by them and we will not accept any liability for any problems or faults with or in any property as all properties are only controlled by the Owner. Our responsibilities to you are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the property its location amenity or suitability for your holiday which we pass on to you from the owner in good faith.

    Holidaymakers have the right to occupy the property as holiday accommodation only for the period of the booking. Once the booking and Deposit have been received, the holiday booking is then firm, and the full rent will be required, even if you have to cancel your holiday (see Clause 3 in these Booking Conditions).

    You warrant that your occupation of the Property will at all-time be only for the purpose of a genuine holiday and no occupation of the property for any other reason is agreed or permitted.
    The Holidaymaker will indemnify both the Agent and the Owner in respect of any liability of any description that arises from their occupation other than for the purpose of a genuine holiday


  2. Reservations and Payments

    Reservations

    When submitting a booking via our online reservation system, you will receive an automatically generated booking summary by email to the email address you provide in the booking field. This does not form a contract between Home from Home or the Owner; a contract shall only arise when your booking is subsequently confirmed in writing via letter of confirmation sent by post or email. By submitting an online reservation you are agreeing to the Conditions of Hire, which are available to view on our website and can be requested in writing from our office. Once the Deposit has been paid, you confirm that you have read and fully understand their content and agree to be bound by their conditions.

    If for any reason beyond the Owner’s control, the property is not available for the hire period, all rent and related charges paid in advance by the Holidaymaker will be refunded in full, and you the Holidaymaker will have no further claim against the Owner or the Agent as a result of such cancellation.

     

    Occupancy

    All persons in the Holidaymaker’s party must be named on the Booking Form and the Holidaymaker must not sublet the accommodation nor share it except with those named on the Booking Form. The Holidaymaker cannot arrange for visitors to stay at the property without the advance consent of the Owner and they must advise Home from Home in advance of any change to the number of adults, children and infants due to stay at the property. Under no circumstances may the maximum number of persons stated in the booking form be exceeded at any time. The Agent and/or the Owner reserve the right to terminate the contract if the number of persons staying at the accommodation is exceeded without notice and without refund. Neither Home from Home nor the Owner will be legally responsible to the Holidaymaker and we are not required to find the Holidaymaker alternative accommodation should this situation arise.

    If your booking at any property has been accepted at a reduced rate for a smaller party, this is agreed strictly on the understanding that it will be occupied only by those persons whose names appear on the Booking Form. If you wish to accommodate further guests during your stay this must be agreed in advance with the Agent and any such approval will be subject to the payment of a further fee provided to the Agent, along with the names of the additional occupants and any other information that the Agent deems necessary.

    Bookings will not be accepted from groups of single people under the age of 18.

    Payments

    Direct reservations to the office will be held for three working days and officially confirmed once a Deposit and/or full payment is received. A Deposit, the sum of which is to be agreed at the time of booking, is required for holidays booked more than 6 weeks in advance. Where the Agent has not received the balance by the due date, an overdue reminder letter may be issued to the Holidaymaker and a charge of £25 (inc. VAT) will be added to the balance due. If the balance is then not received within 4 days of that reminder, then the Agent reserves the right to treat the booking as cancelled by the Holidaymaker (see Clause 3 in these Booking Conditions) and the Holidaymaker will have no claim against the Agent or the Owner for compensation or reimbursement whatsoever. For bookings made less than 6 weeks before the holiday start date, the total amount is due at the time of the booking, to include the Rent, Security Deposit, Booking Fee, utility charges (where applicable) and Pet Fee (where applicable).

    We can charge a Booking Fee for the services we provide in administering your booking. Any booking fee will be stated on our website and will be shown as a separate charge on your confirmation.

    Payments for bookings can be made by debit card, credit card or Bank Transfer; we are unable to process cheques. No surcharges are applicable for any of these payment methods. Payment by Bank Transfer can be made to our Account at National Westminster Bank PLC, 107 St James’ Square, Newport, Isle of Wight, Client Account Number 05077311, Sort Code 54-10-34, quoting the Booking number as a reference. IBAN: GB54 NWBK 5410 3405 0773 11, BIC number: NWBK GB 2L.

    Property Pricing

    The prices charged by the Owner are under constant review and the prices of advertised available accommodation may be increased or reduced at any time. We may also correct mistakes in the pricing of advertised available accommodation at any time. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check the price and all other details of your chosen arrangements at the time of booking.

    All accommodation prices are for the property as a whole and are not on a per person basis, except when an extra person charge applies.

    Security Deposit

    The Security Deposit will be held against damage, breakages and extra cleaning if necessary, which is caused by you or any members of you party and anyone else invited into the property by you. The Security Deposit may also be used to cover cancellation charges (see Clause 3 in these Booking Conditions) and any outstanding gas, electricity and telephone charges calculated at the end of the Hire Period (as applicable). Properties will be checked on departure days and any deductions to the Security Deposit will be notified and the cost for repair/remedy will be deducted accordingly.

    Home from Home will hold the Security Deposit as Agent for the Owner and the Owner will be liable to account to the Holidaymaker for the full sum of the Security Deposit less any deductions applicable pursuant to the Conditions of Hire and Booking Conditions and information contained herein. Home from Home will hold all Security Deposits in a Client Bank Account and no interest will be payable to either the Owner or the Holidaymaker.

    Unless they are managing the property on behalf of the Owner, the Agent will not become involved in any dispute regarding the retention of any/all of the Security Deposit. The Agent is further unable to arbitrate deductions between Holidaymakers and Owners and any query relating to such deductions will be referred to the Owner.

    The Security Deposit will be returned to the Holidaymaker within 21 days of departure, providing that everything is in order and all outstanding charges have been paid/deducted. If you discover that anything is missing or damaged on arrival please notify the owner/key holder immediately.

    You and all members of your party agree:

    • To keep the property clean and tidy;
    • To report any breakages or damage that occur by
      00pm on the next available working day;
    • To leave the property in a similar condition as you
      found it when you arrived;
    • To behave in a way at all times while at the property
      which does not break any law;
    • Not to use the property for any illegal or commercial purpose;
    • Not to sublet the property or any part thereof or otherwise allow anyone to stay in it who we have not previously accepted on behalf of the owner as a member of your party;
    • Not to behave in anti-social manner, breach the peace
      or otherwise act in a way which may disrupt or affect
      the enjoyment of others.

    Additional Charges

    A £30 (inc VAT) administration charge will be payable by the Holidaymaker if they wish to change their holiday dates and/or ferry booking after the Confirmation of Booking has been issued, subject to availability and the agreement of the Owner.

    If any items left behind after your departure are to be collected from a property and/or returned, then a £30 (inc. VAT) handling charge plus postage and packing will be deducted from your Security Deposit.

    Any personal property left after you leave that is not claimed within (48) hours of your departure will be disposed of as we see fit – without any liability on our part

    Arrival and Departure

    Arrival and departure times are clearly detailed in the supporting booking confirmation documentation. Please note: early arrival or late departure may result in an additional charge and a deduction from your Security Deposit.

    The Owner or Agent can refuse the Holidaymaker entrance to the property or ask you to leave the property with a minimum of 12 hours’ notice if the unreasonable behaviour of anyone in your party is likely to cause offence to other guests, to members of staff or to neighbours, or if they reasonably believe you or any member of your party are behaving illegally or demonstrating anti-social behaviour, or if the owner has reasonable cause to believe you or any member of your party will cause damage or loss to the property, its services or facilities. If this situation arises, the contract between you and the Owner will end and you shall have no claim for compensation or reimbursement whatsoever, and neither we nor the Owner will have any further responsibility to you.

    Key Instructions

    The details concerning the access arrangements for each property, including key codes, will be issued once the full rental payment has been received. The majority of properties will have a key safe located at the property for ease. On the day of departure, keys must be replaced in the key safe, as detailed in your access letter. Please note: failure to replace the keys may result in a delay and deduction from your Security Deposit return.

    Home from Home cannot be held liable for any matters arising from the misuse or malfunction of the key safe box. All boxes are checked and deemed to be in a satisfactory working order at the commencement of all hire periods.

    Linen

    Linen and towel provision is clearly detailed in the property description and in supporting booking confirmation documentation; please refer to these details prior to the holiday. Beach towels are generally not provided, unless otherwise stated.

    Television and Internet

    Where Broadband, Wi-Fi and satellite television is an advertised feature, please note that its provision is subject to availability and network conditions. Network connectivity may not always be possible due to circumstances beyond the control of the Owner or Agent. No warranty is offered that such will be operating at any particular time and no loss will be accepted by the Owner or the agent for any failure thereof.

    Holidaymakers are asked to observe a fair use policy during their stay in relation to internet download limitations. The Owner reserves the right to charge the Holidaymaker any additional fees levied by their Broadband provider for exceeding download limits. Holidaymakers undertake to indemnify the Owner for downloading illegal or copyrighted material and where applicable provide consent for their information to be passed onto the relevant authorities for further investigation. Holidaymakers should have their own virus protection system and child protection measures.

    Rubbish Collection

    Dustbins and recycling must be disposed of as per the instructions contained within the property. Please note: failure to adhere may result in a deduction from your Security Deposit.

    Pets

    All property details clearly state if pets are permitted and where permitted, a charge of £35 (inc VAT) per pet per week will be applicable. The Holidaymaker will:

    • Keep any garden, patio paths or other outside space clear of fouling throughout the hire period and will deliver it free from such fouling at the end of the hire period
    • Keep the animal under control and not allow the animal to create noise or a nuisance to adjoining
      properties or neighbours
    • Bring animal bedding for the animal to use during the hire period
    • Ensure the animal does not go upstairs or sleep on any furniture or beds
    • Ensure the animal is not left unattended in the property, including any garden
    • Keep dogs on a lead within the boundaries of the property, including any garden

    Any damage caused by the animal to the Premises and Fixtures and Fittings will be charged and result in a deduction from your Security Deposit.

    If you or any member of the party has a pet allergy, we cannot guarantee that dogs, or other pets, have not stayed in your chosen property, even if the Owner does not allow pets, nor can we accept any responsibility for any subsequent health reaction. It is the Holidaymakers responsibility to make specific enquiries before booking as for example some Owners may take their own pets to a property.

    Swimming Pool, Lake, Pond and Trampoline Use

    Such items are dangerous and the Holidaymaker before permitting their use will satisfy themselves as to their state and condition and that they can safely be used by members of their party.

    For properties hired with a swimming pool, lake, pond or trampoline, the Holidaymaker confirms that no one will enter the pool/lake unless they are a competent swimmer, they will not dive into the pool/lake, they must check the depth of the water before entering, all children and vulnerable adults will be supervised at all times whilst using the pool/lake or around the pond, the pool/lake will not be used after consuming alcohol, no pets will be allowed to enter the pool/lake and that they will act responsibly at all times when using these facilities. Swimming pools, lakes and trampolines are used at the Holidaymakers own risk with no liability on the Agent or Owner for any injury sustained in doing so.

    Property Visits and Inspections

    The Holidaymaker must allow the Owner or their representative, including contractors, access to the property at any reasonable time during the hire period. Whilst the Holidaymaker has the right to enjoy the property uninterrupted, the Owner and Agent retain the right to inspect the property and arrange essential repairs where necessary in accordance with good estate management. You will receive advance notice of any visits, except in an emergency or if a problem requires prompt action and we are unable to contact you. In these situations, the Owner and Agent can enter the property at any time without giving you prior notice.

    Damp and Water Ingress

    We let several properties which were built before the days of damp proof courses and cavity wall construction. Although these properties tend to have more character and atmosphere they sometimes have a tendency to damp. The Isle of Wight’s climate often produces warm moist air which can cause condensation particularly with solid stone walls. Therefore you are required to ensure that the Premises are adequately ventilated at all times to prevent mould and condensation.


  3. Cancellations

    Once the Deposit has been paid and the booking has subsequently been confirmed, Holidaymakers are liable for all the charges of the holiday, as a binding contract has been made between the Holidaymaker and the Owner. Any cancellation made by the Holidaymaker, for whatever reason, shall be in writing addressed to Home from Home. The effective date of cancellation is when written notification is received. Home from Home will endeavour to re-book the holiday accommodation but a cancellation charge of £100 (inc. VAT) will be levied on the Holidaymaker. If we are unable to re-book the accommodation, the Holidaymaker will be liable for the full amount due even if the accommodation is not taken up; payment is due 6 weeks prior to the start date of the holiday.

    We strongly recommend Holidaymakers arrange full travel insurance including cancellation cover at the time of making the booking.


  4. Complaints

    Complaints about the Property

    In the event of any issues encountered during the hire period, including cleanliness, the Holidaymaker must contact Home from Home on the day of arrival or if later as soon as such issue is known and we will endeavour to resolve the problem during the course of your holiday; referral to the Owner and/or their representative may be required before any action can be taken. Please note: complaints will not be considered unless raised immediately during the course of the hire period to enable the complaint to be verified.

    All complaints and requests for refunds or compensation must be made in writing and addressed to the ‘Cottage Owner’ c/o Home from Home, stating the date of the hire period and property in question. This will then be forwarded to the Owner of the property for their consideration; the Agent cannot make arrangements for any refunds or compensation payments without authority from the Owner. In the event of a dispute between Owner and Holidaymaker the Agent reserves the right to provide each party with the relevant contact details so that a resolution can be made between both parties.

    Liability

    Neither the Agent nor the Owner will accept liability or responsibility for:

    • Problems outside their reasonable control, including but not limited to, breakdowns of mechanical equipment, domestic appliances and plumbing or the failure of public utilities such as water, gas and electricity, although very effort will be made to rectify the situation as soon as possible;
    • Any disappointment or distress as a result of the property or its location or amenity not being to the Holidaymakers expectation.
    • Work taking place outside the boundary of the property nor for any noise or nuisance arising from works or actions over which the Agent or the Owner have no control.
    • Loss or damage to a Holidaymakers belongings, their car or its contents, or injury to an occupant, their guests or third parties except in the case of death or personal injury resulting from gross negligence.

    Complaints about Home from Home

    If you have any complaints about any services Home from Home have provided, you must let us know immediately in writing and in any event within seven days of the end of any arrangements booked through us. Please note: we will not accept any legal responsibility if this is not adhered to.

    If we are found to be at fault in relation to any service we provide, we will not pay more than the commission we have earned for the booking, or the appropriate proportion of this if not everyone on the booking is affected, plus any reasonable expenses you cannot recover from elsewhere. We do not exclude or limit what we will be legally responsible for if death or personal injury is caused as a result of our negligence or that of our employees whilst acting in their course of their employment, or for any criminal act we may commit.


  5. Marketing Materials

    Every effort has been made to ensure the accuracy of the information provided on our website, web portals, brochures and other promotional literature or material; it is all given in good faith and is believed to be correct at the time of publication. There may be differences between the actual property and its description; this is usually because the Owner and Agent are always aiming to improve services and facilities.

    Neither the Agent nor the Owner will accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and services, unless this was caused by our negligence, nor for changes or closures to local services or attractions advertised in any of our marketing materials.


  6. Disabilities & Medical Problems and Force Majeure

    Some properties are not suitable for the disabled, infirm or children. Should you have any concerns, or if any member of your party has any medical problem or disability that may affect your booking, please inform us in writing prior to booking. If the Owner reasonably feels unable to meet the needs of you and/or your party members, we can refuse or cancel the reservation.

    Access Statement

    It is the responsibility of the Holidaymaker to satisfy themselves that the property is going to be suitable for the individual needs of all the members in their party. A full access statement and specific details relating to each property can be provided upon request and no claim for compensation will be considered by the Agent or the Owner should a problem arise which causes the hire period to be cancelled or terminated early by the Holidaymaker.

    Force Majeure

    No liability can be accepted and no compensation will be paid by the Agent or the Owner where the Holidaymaker and/or any person in the party or their personal property suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Agent or Owner are prevented or affected by any event which the Agent or Property Owner could not have reasonably foreseen, including but not limited to:

    • Strike, lock-out or labour dispute
    • Industrial action
    • Natural disaster
    • Acts of terrorism, war, threat of war, riot or civil strife
    • Malicious damage
    • Keeping to any law or governmental order, rule, regulation or direction, including advice from the foreign office to avoid or leave a country
    • Accident
    • Disease
    • Breakdown of equipment or machinery or interruption to services/utilities
    • Insolvency or bankruptcy of an owner or service provider
    • Fire, flood, snow or storm
    • Difficulty or increased cost in getting workers, goods or transport
    • Other circumstances affecting the supply of goods or services

  7. Ferry Travel

    Home from Home do not act on behalf of any ferry company and whilst the Agent may make arrangements for Holidaymakers to travel to the Isle of Wight via Red Funnel or Wightlink ferries we cannot be held liable or responsible for any problems, damage, cancellations or any other matter which may arise from making such arrangements. The Holidaymaker may become liable for additional charges levied by the ferry operator as a result of cancellation or amendment of your original ferry booking. The Agent is unable to enter into correspondence or arbitrate any disputes which may arise as a result of travel arrangements made with a third party. The agent also reserves the right to deduct any charges Home from Home may become liable to pay to a third party travel partner from any funds held prior to being sent to the Holidaymaker, including their Security Deposit. All ferry crossings are subject to the relevant terms of carriage on the ferry company’s website which can currently be found at either: https://www.redfunnel.co.uk/en/info/holiday-booking-conditions/ or https://www.wightlink.co.uk/information/terms-conditions


    General Information & The Legal Part

    Conflict of Interest

    We endeavour to provide an excellent service and comply with the Codes of Practice of the Property Ombudsman Scheme and those of the Royal Institution of Chartered Surveyors. You should none the less be aware that the Home Owner is our client and, as such, we cannot advise you or act in any manner which might bring about a conflict of interest in respect of our duty to act in the Home Owners best interests at all times.

    Data Protection

    We collect and process your information. All information will be processed in accordance with the applicable data protection laws.

    We may share this information with other companies within Countrywide plc group, who may use it to advise you of their services or issue quotations connected to you.

    Full details of how we process your information can be found on our website – www.countrywide.co.uk/notices/PrivacyNotice.pdf

    Printed copies of our privacy notice are available on request. You may change your communication preferences or withdraw from any further communications from us by contacting us at [email protected]

    Indemnity

    You will indemnify us against loss, injury, damage or costs, howsoever caused or incurred, which may result from your occupation of the property and/or your breach of, or failure to comply with, the terms of the tenancy agreement.

    Services & Contractors

    A wide variety of property related services may be offered to you or may benefit you when taken by the Home Owner. In consideration of the work/business we introduce we may receive and retain a commission from the provider. This commission is levied against the provider benefitting from the introduction of additional business and not the Home Owner or you.

    Variation

    No amendment or variation to the content of this form will have any effect unless approved in writing by a Director of Home from Home by Hamptons.

    VAT

    The VAT inclusive charges are based on the current rate of VAT. If the rate changes the charges will be adjusted to reflect that change.

    DEFINITIONS

    “Security Deposit” means the sum payable by the Holidaymaker before the start of the Hire Period and in accordance with the terms of the Hire Period, the aim of which is to ensure that the Holidaymaker fulfils their obligations under the Booking Conditions of Hire.

    “Fees” means the Additional Services Fee(s), Cancellation Fee, Commission Fee.

    “Owner” means the owner or joint owners of the Property, or persons duly authorised under Power of Attorney, or any other legal power, to let out the Property and receive the Services under these Terms.

    “Personal Data” means the following categories of information shared between you and us relevant to the following categories of data subject: Prospective Holidaymaker and Holidaymaker data – name, contact number, email address, postal addresses, bank details.

    “Rent” means the money payable by the Holidaymaker in accordance with the terms of the Booking Conditions of Hire.

    “Holidaymaker” means the person who enters into a Hire Period.

    “Hire Period” the right of the Holidaymaker to occupy the Property under the Booking Condition of Hire.

    “Booking Conditions of Hire” means the agreement (including any continuation, extension or renewal of the agreement) between the Holidaymaker and the home Owner setting out the terms of the Holidaymaker’s occupation of the Property.

    “we, our, us” means Countrywide Residential Lettings Limited and any and all trading subsidiaries of Countrywide plc. Countrywide Residential Lettings Limited is an agent and subsidiary of Countrywide Estate Agents, whose registered office address is Greenwood House, 1st Floor, 91-99 New London Road, Chelmsford, Essex, CM2 0PP. Countrywide Estate Agents is an appointed representative of Countrywide Principal Services Limited, which is authorised and regulated by the Financial Conduct Authority.

    “you, your” means the Holidaymaker who shall comprise of one or more persons.