This Agreement is made on between:
Stylevilla
Limited ('the Agent' acting for and on behalf of the Owner
of the property described below) of the first part and (the
Tenant) of the second part.
1.
The Agent hereby leases to the Tenant, who accepts the Property
for the period stated in Schedule 1 and for use exclusively
as a residential holiday accommodation in accordance with
and subject to the terms and conditions of this Agreement.
2. In consideration of the
lease, the Tenant undertakes to pay the Agent the rent stated in Schedule
1 together with a reservation deposit equal to one third of the total
rent due (the Reservation Deposit). This agreement is conditional upon
receipt by the Agent of the Reservation Deposit and a properly completed
booking form. The Reservation Deposit is non-refundable except in accordance
with Clause 8.
3. The balance of the rent
plus a refundable deposit of 25% of the total rent (the Security Deposit)
is payable no later than eight weeks prior to the beginning of the tenancy
period. Failure to make payment by the due date gives the Owner or the
Agent the right to cancel this Agreement and to retain the Reservation
Deposit. If the Tenant wishes to cancel this Agreement less than eight
weeks before the commencement of the tenancy period , no rent will be
refunded, only the Security Deposit. If this Agreement is made with
less than eight weeks to go before the start of the tenancy period,
the Tenant must pay the full amount of rent (which shall therefore include
the Reservation Deposit), plus the Security Deposit and provide a properly
completed Booking Form at the time this Agreement is made.
4. The Tenant acknowledges
and accepts that the Security Deposit is required to cover the costs
of any damage or loss to the Property, telephone, fax and electricity
charges, gas to heat the pool - (where applicable), any sundry items
or additional maid service requested during the tenancy period. The
sum of the Security Deposit does not limit the Tenant's liability to
the Owner or Agent. No interest is payable on the Security Deposit.
Normal cleaning means the property should be left as found. Properties
left in an exclusively unclean state will incur penalties, deducted
from the Deposit.
5. Rent does not include
the cost of telephone or fax calls, electricity, gas to heat the pool
- (where applicable) and any loss, damages or breakages to the Property,
any additional maid service requested by the Tenant, repairs or other
work required as a result of any act or omission by the Tenant. These
costs will be borne by the Tenant and will be deducted from the Security
Deposit by the Owner or the Agent. If the Security Deposit is insufficient
to meet these costs, the Tenant agrees immediately to reimburse the
shortfall to the Agent or Owner on first demand.
6. The Owner and the Agent
accept no responsibility for any injury or loss suffered by the Tenant,
the Tenant's family or the Tenant's guests. The Tenant agrees that neither
the Owner nor the Agent will be held responsible for any such injury
or loss, however caused. It is the Tenant's and the Owners responsibility
to take out insurance to cover his party for risk, particularly illness,
cancellation, accident or damage to and loss or theft of personal goods
and possessions.
7. Subject to any comments
received by the Agent within 2 working days of the starting date of
the Tenancy period, the Tenant accepts that the Property is in perfectly
good condition and that all the equipment is in working order and agrees
to take the Property as he or she finds it, so that neither the Owner
nor the Agent shall be liable in respect of such matters. Neither the
Owner nor the Agent shall be liable for the non-provision or shortage
of public services such as electricity, gas, water or telephone facilities,
unless due to the fault of the Owner. The Tenant agrees to take good
care of the Property, to act in a responsible manner throughout the
tenancy period and, in particular, to avoid any risk of fire (from discarded
cigarettes etc.) The Tenant also agrees not to act in any way which
would cause a nuisance or disturbance to those resident in, not trespass
upon, neighbouring properties. No pets or other animals will be allowed
on the Property (unless previously stated in a separate agreement) No
dangerous pets or animals will be allowed in the Property. The Agent
reserves the right to terminate this contract without notice , where
the behaviour of the Tenant or any members of his party is causing any
distress, annoyance or danger to the property owner, the property or
a third party. No refunds will be made in this event.
8. In the unlikely event
of destruction of or major damage to the Property (for instance, by
fire) the Owner will make a pro rata refund of the total rent in proportion
to the number of days that the Property was occupied by the Tenant,
subject to a minimum payment of an amount equal to the Reservation deposit.
The Tenant agrees that in such a situation the Owner's liability is
limited to a pro rata refund of the rent.
9. The Tenant agrees that
no more than _______adults will reside in the Property during the tenancy.
The Tenant agrees to provide a list of names to the Agent of the persons
who will reside at the Property during the tenancy. The Tenant accepts
that he/she is responsible for and accepts any liability on behalf of
all persons who reside at the Property or who are the Tenant's guests
during the tenancy period. The Tenant shall not assign or sub-let the
Property or in any way substitute any other persons in his/her place.
10.
The period of tenancy will commence no earlier than 4pm. or later
than 7pm, on the first day specified. The Tenant agrees that
he/she will vacate the property no later than 10am. on the last
day of the tenancy period, leaving all keys to the Property in
accordance with instructions. The Tenant acknowledges and accepts
that this Agreement is solely for a holiday letting for the duration
of the tenancy period stated in Schedule 1 and that the Tenant
shall have no rights of occupancy beyond that period and that
there shall be no renewal thereof. The Tenant will not be entitled
to any refund or other payment (other than as a direct result
of, and in such case, to the extent provided by Clause 8, in
the event that he/she does not occupy the Property for the entire
duration of the tenancy period.
11. The Owner reserves the
right for his/her appointed Agent to inspect the Property as necessary
during the tenancy, giving reasonable prior notice, except in the case
of emergencies, such as urgent repairs. The Tenant shall immediately
notify the Agent (or such person as the Agent or Owner instructs for
this purpose) in the event that any repairs are required. The Tenant
shall be liable for costs of all loss and damage caused and repairs
required as a result of any act or omission by the Tenant.
12. The Agent and the Owner
shall have the right to cancel this Agreement and require the Tenant
and his/her party to vacate the Property immediately (without any Court
Order or other formality being necessary) in the event that the Tenant
is in material breach of any term of this Agreement. This right is in
addition and without prejudice to the rights of the Owner and Agent
to claim damages or any other payment it sees fit (including by way
of retention of part or all of the Security Deposit) in respect of any
breach by the Tenant of any term of this Agreement.
13. The amount to be deducted
from the Security Deposit shall be estimated by the Agent and such estimate
shall be final and binding on the Tenant. The Tenant undertakes to examine
carefully the inventory upon arrival and unless comments are received
within two working days of the starting date of the tenancy period,
the inventory shall be considered approved.
14. The Agent's responsibility
is only in choosing and recommending the Property to the Tenant. The
Tenant acknowledges and accepts that the only materials representations
upon which he/she has relied are those contained in the Agent's descriptive
sheet on the Property (excluding photographs and subject to any modifications
notified by the Agent) and this Agreement. The Tenant accepts that neither
the Agent nor the Owner shall be liable for any loss, damage or additional
expenses incurred by the Tenant or any member of his party arising directly
or indirectly from or in connection with this Agreement, whatever the
cause, except where there is proven neglect by the Owner. The Tenant
acknowledges and accepts that there is a risk in occupying the Property
(in particular the risks associated with any swimming pool) and that
he/she has voluntarily accepted the risk and that therefore the Owner
nor the Agent is liable for any injury, death, loss, inconvenience or
damage which arises. Except to the extent provided in Clause 8, neither
the Agent nor the Owner shall be liable for alteration, delay in, early
termination or cancellation of the Tenant's occupation of the Property,
because of war, threat of war, riot or civil strife, terrorist activity
(threatened or actual), natural disaster, fire, sickness, weather conditions,
actions at an airport or Port by any Governmental or Public Authority,
technical, mechanical or electrical breakdown with the Tenant's accommodation
or other circumstances amounting to 'force majeure' or Acts of God and
other similar events beyond the control of the Agent or Owner.
15. These conditions and
any contract to which they apply are governed by English Law and English
Courts only shall have jurisdiction in relation to any claim or dispute
arising from them.
16. Any delay or abstentation
by the Agent or Owner in enforcing any rights hereunder or tolerance
of any breach by the Tenant of this Agreement shall not constitute a
waiver of those rights or acceptance of any breach.
17. The Agent will use its
best endeavour to ensure that the Tenant has an enjoyable holiday. If
the Tenant has any complaint, he/she must report it immediately so that
action can be taken to rectify the fault. Neither the Agent nor the
Owner shall be liable for complaints after the Tenant has returned to
his home country unless they have been reported during the holiday and
sent in writing within 28 days of the Tenant's departure from the Property.
18 In the unlikely event
of a cancellation, the Agent will inform the Tenant as soon as possible.
The Agent will try, if required, to arrange alternative accommodation
of a similar type and standard. If no accommodation is available or
acceptable to the Tenant, the Agent will refund all monies paid to the
Agent by the Tenant. Neither
the Agent nor the Owner can be held responsible for noise or disturbances
beyond the boundaries of the property, or which is beyond our control.
In the event that noise has been in existence prior to the Tenants arrival
and the Agent is informed of this, than the Agent will contact the Tenant
as soon as possible.
