StayCotswold Booking Terms and Conditions

 

TERMS AND CONDITIONS OF USE

Last updated 26th February 2020
Please note that bookings made through our online booking system are provisional until confirmed by StayCotswold.

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY
 

This terms of use agreement (this “agreement”) (together with the documents referred to in it) is a legal agreement between you and StayCotswold Limited, incorporated and registered in England and Wales with company number 08968561 and whose registered office is at The Studio, Birch Drive, Bradwell Village, Burford OX18 4XH, United Kingdom (“StayCotswold”, “we”, “us” or “our”).

By registering as a Member you must read, agree with and accept all of the terms and conditions contained in this agreement. This agreement is provided to you and concluded in English. We recommend that you store or print-off a copy of this agreement (including all policies) for your records.

If you do not agree to the terms of this agreement (or to the documents referred to in it), please refrain from registering as a Member, making a Booking or requesting any Service.

1. INTERPRETATION

1.1. The following definitions shall apply in this agreement including the Occupancy Agreement:

Additional Guest Services: additional services that StayCotswold may make available to the Guest (for example, taxi booking services, theatre ticket booking or sourcing, babysitting services, laundry services, tour guide services, personal chefs, parking, restaurant bookings, additional cleaning and rubbish removal during the stay, etc.).

Property Profile: the plans and documents showing the layout of the Property and the operating procedures for the services and utilities which form part of the Property together with any special instructions relating to the use of the Property by a Guest.

Booking: a request by a Member to book a stay at a Property. “Book” and “Booked” shall be interpreted accordingly.

Booking Details: the booking details for a Property agreed to by the Guest on the Website, via a platform or by email.

Confirmation of Booking: StayCotswold’s acceptance of the Guest’s Booking Details which has been delivered to the Guest by e-mail or confirmed via a booking platform following receipt of payment by StayCotswold or the relevant platform.

Common Parts: such roads, paths, entrance halls, corridors, lifts, staircases, landing and other applicable means of access in or upon the Property, the use of which is necessary for obtaining access to and egress from the Property as designated from time to time by StayCotswold.

Consents: all consents, licences, permissions, certificates, authorisations and approvals of any kind whether of a public or private nature which shall be required for the performance of this Licence.

Security Deposit: the security deposit of a minimum of 500 GBP as specified by StayCotswold, unless a Guest takes out a Security Deposit Guarantee or equivalent for a greater amount.

End Date: the end date of a Booking specified in the Confirmation of Booking.

Fee: the fee described in the Confirmation of Booking payable by the Guest for a Booking plus any applicable Booking fees required by StayCotswold for the administration of the booking.

Force Majeure Event: means acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions; nuclear, chemical or biological contamination or sonic boom; collapse of buildings, fire, explosion or accident; and interruption or failure of public utility service, excluding wi-fi.

Fully Managed: Where StayCotswold provides marketing and management services for Home Owners

Furnishings: the Home Owner’s furniture and furnishings in the Property (as set out in the Inventory).

Guest: a Member who requests a Booking of a Property via the Website (or its partner listing portals (for example, Booking.com, Homeaway or Airbnb)), or a Member who stays at a Property and is not the Home Owner for such Property.

Home Owner: the Member that holds the freehold or leasehold title to a Property or the person who is duly authorised to enter into the Occupancy Agreement.

Home Owner Confirmation: A Confirmation of Booking notified to the Home Owner through the StayCotswold Home Owner portal or by e-mail or via a booking platform as soon as a Booking has been made and payment confirmed.

Inventory: the detailed inventory created and maintained by the Home Owner or by a third party provider for the Home Owner that details all of the Furnishings and items and located at the Property and the conditions of such Furnishings and items.

Licence Period: the period from and including the start date specified in the Booking Details until the End Date or the date on which this Occupancy Agreement is terminated in accordance with paragraph 9 of the Schedule.

Marketed Only: Where StayCotswold provides only marketing services for Home Owners.

Member: a person who completes StayCotswold’s account registration process and who agrees to the Proposal and (amongst other things) the terms of this agreement.

Occupancy Agreement: The occupancy agreement set out in Schedule 1 of this agreement.

Party: a party to this Licence and that party’s successors and permitted assigns.

Pet fee: the fee required by StayCotswold Ltd applicable to certain properties when a pet is included in a booking. 1 pet fee per property, per booking up to a maximum dictated by the property.

Property: the premises belonging to a Home Owner located at the address that is specified in the Confirmation of Booking.

Proposal: The written proposal to a Home Owner which specifies the percentage of the net rate or fixed nightly rate to be paid to the Home Owner and the key details of the home they will provide which will be relied on by StayCotswold and which can be amended from time to time by StayCotswold sending a revised proposal.

Property Utilities: all media for the supply or removal of heat, electricity, gas, water, sewage, air-conditioning, energy, internet and Wi-Fi, telecommunications, data and all other relevant services and utilities and all structures, machinery and equipment ancillary to those media.

Services: any and all services that StayCotswold provides, including the Additional Guest Services. Start Date: the start date of a Booking specified in the Confirmation of Booking.

Terms of Use: StayCotswold’s terms of use agreement: https://www.staycotswold.com/booking-terms-and-conditions

VAT: value added tax chargeable under the Value Added Tax Act 1994 and any similar replacement tax and any similar additional tax.

Website: StayCotswold’s website located at: https://www.staycotswold.com
 

1.2. Clause and paragraph headings shall not affect the interpretation of this agreement.

1.3. If there is an inconsistency between any of the provisions of this agreement and the provisions of the Occupancy Agreement, the provisions of the Occupancy Agreement shall prevail.

1.4. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.5. A reference to writing or written includes e-mail.

1.6. Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.

1.7. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.8. A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.


2. APPLICABLE TERMS

2.1. By accepting this agreement, you agree to become a Member and may use the Website as a Home Owner and/or as a Guest.

2.2. If you are a Home Owner (or at any point become a Home Owner) the ‘Additional Terms for Home Owners’ section shall also apply to you.

2.3. If you are a Guest (or at any point become a Guest) the ‘Additional Terms for Guests’ section below shall also apply to you.

2.4. This agreement refers to the following additional terms, which shall also apply to you:

(a) the Occupancy Agreement

(b) the Terms of Use, which sets out the terms on which you may use the Website;

(c) our Privacy Policy https://www.staycotswold.com/privacy/privacy.aspx, which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and

(d) our Cookie Policy https://www.staycotswold.com/privacy/privacy.aspx, which sets out information about the cookies on the Website.

2.5. If you subscribe for any other services that are not covered by this agreement, you will also have to agree to the terms that govern the service you have subscribed for.

 

ADDITIONAL TERMS FOR GUESTS


3. BOOKING A PROPERTY

3.1. All Bookings shall take place through the Website, other listing platforms or via email and are subject to availability.

3.2. To be eligible to make a Booking, you must be:

(a) at least 21 years old; and

(b) agree to the terms of this agreement (together with the documents referred to in it).

3.3. You acknowledge that the Home Owner – and not StayCotswold – is responsible for the accuracy with which the description, text, videos or photos depict the Property and StayCotswold shall not be responsible.

3.4. Booking Details do not constitute a booking confirmation. StayCotswold will confirm acceptance of the Booking by sending Confirmation of Booking to the Guest and the Home Owner by e-mail or via a booking platform.

Home Owner Confirmation of a Booking will be confirmed through the StayCotswold Home Owner portal or by e- mail or via a booking platform as soon as a Booking has been made and payment confirmed. For the avoidance of doubt a Booking is confirmed as soon as it is made on the Website or via a booking platform for any available dates provided by the Home Owner and payment has been received and subject to the Additional Terms for Home Owners, the Home Owner cannot cancel a Booking once it has been made.

3.5. StayCotswold shall dispatch the Confirmation of Booking to the Guest upon receipt of the Deposit and/or respective fees as set out in the Booking Details. On dispatch of the Confirmation of Booking you will be liable to pay the Fees in full and StayCotswold will collect a prepayment for an amount as set out in the Booking Details (which may be the entire amount of the fees due).

4. CHECK-IN AND CHECK OUT

4.1. Following receipt of all details reasonably required by StayCotswold, including any relevant pre-check-in forms, StayCotswold will provide the keys or detailed access to a key box to the Property in advance and the terms of the Occupancy Agreement shall apply from receipt of the keys by the Guest. On occasion a representative of StayCotswold may meet the Guest, where possible, at the Property to check-in and provide the keys and access to the Property.

4.2. StayCotswold (or persons authorised by StayCotswold) may both before check-in and after check-our conduct a photo or video inventory to document the condition of the property and Furnishings.

4.3. Guests may self-checkout ensuring that the Property is secure and locked and by depositing the keys the property key box or another agreed place but the terms of the Occupancy Agreement shall apply until the check- out time stated in the original Booking. On occasion and where possible, a representative of StayCotswold may meet the Guest at the Property to check-out and obtain the keys to the Property.

4.4. To the extent that the Security Deposit is not sufficient, the Guest shall reimburse StayCotswold and/or the Home Owner for any losses, expenses and costs (including the cost of replacing the locks) incurred by StayCotswold and/or the Home Owner in connection with the damage, loss or theft of the keys to a Property.

4.5. Check-in and check-out times shall be agreed with StayCotswold prior to the Start Date and confirmed to the Guest by e-mail following receipt of the completed pre-check-in form from the Guest. We cannot guarantee all requests for check-in times and unless otherwise agreed in advance our standard check-in times are after 16:00 and our standard check-out times are before 10.00 and before 11:00 on Sundays and Bank Holidays. If no check-out time has been agreed between StayCotswold and the Guest then the Guest will check-out at 10:00 on the End Date.

4.6. Where StayCotswold agrees in advance to a check-in before 16:00 on any day an additional fee will be payable by the Guest and this will be added to the Fee or if the Fee has already been paid this will be paid by the Guest immediately. Early check-in will only be confirmed on receipt of the additional fee and until we have received the additional fee we are free to accept another Booking for the Property which may result in us being unable to provide the requested early check-in.

4.7. Where StayCotswold agrees in advance to a check-out after 10.00 (or 11.00 Sunday or Bank Holiday) on any day any additional fee will be payable by the Guest and will be added to the Fee or if the Fee has already been paid this will be paid by the Guest immediately. Late check-out will only be confirmed on receipt of the additional fee and until we have received the additional fee we are free to accept another Booking for the Property which may result in us being unable to provide the requested late check-out.

4.8. In the event of an unauthorised use or unauthorised overstay at a Property:

(a) StayCotswold reserves the right to enter the Property, remove your belongings, change the locks and take any further action as may be necessary (and we will charge you for the costs of any such action)

(b) StayCotswold reserves the right to charge unauthorised over staying Guests £500 where their unauthorised overstay impacts on the next booking in the property.

 

5. ADDITIONAL GUEST SERVICES

5.1. StayCotswold may make available to Guests certain Additional Guest Services.

5.2. You agree and acknowledge that you will be responsible to StayCotswold and/or the service providers for the costs (including StayCotswold’s fees, if any) of any Additional Guest Services that you request. You acknowledge that StayCotswold is a booking agent only and shall not be liable for the quality or the provision of the Additional Guest Services.

5.3. StayCotswold provides wireless internet access as standard in all of our homes. This service is provided by the Home Owner’s internet service provider or a wireless dongle and StayCotswold cannot guarantee the quality or reliability of the service. Internet access is provided as an extra service at no additional cost to Guests but Guests must use it responsibly and Guests will be liable for any charges incurred by a Home Owner as a result of any limit on the amount of data available being exceeded. StayCotswold will not be liable for any interruption to the service.
 

6. FEES AND CHARGES 

6.1. You agree and undertake to pay to StayCotswold (without any deduction):

(a) the Fee in full (in GBP) and authorise StayCotswold to collect the full amount of the Fee immediately upon Booking or in accordance with the payment terms of the website or platform where it is advertised;

(b) When paying via a credit card you authorise StayCotswold to deduct any remaining monies due from your fee, on the date due, as made clear in the payment schedule in your booking confirmation, from the same securely tokenised credit card, used for the initial payment. If you wish to use and alternative credit card please inform StayCotswold before any payments are due.

(c) the Security Deposit and you authorise StayCotswold to deduct an amount from a credit or debit card by way of security deposit no less that two weeks prior to arrival;

(d) the cost of any damage to the Property or contents and to pay any fees in relation to overstaying. The Guest authorises StayCotswold to deduct from the credit or debit card immediately upon Booking an agreed amount, which shall be retained by StayCotswold in the event of any damage to the Furnishings, the Property or its contents (other than fair wear and tear), the Common Parts or in the event of late check-out or overstaying.

6.2 All fees and charges will (unless stated otherwise) be exclusive of VAT and shall be payable to StayCotswold in GBP. The Guest shall be responsible for, and shall pay, any fees charged by the Guest’s bank or credit or debit card provider. StayCotswold will not be responsible for any loss suffered by a Guest as a result of any currency fluctuation during the time that the Deposit is held by StayCotswold.

6.3 Unless StayCotswold has reason to retain the Security Deposit or the fees described in clause 6.1(c) (in its sole discretion, acting reasonably), StayCotswold (or its third party agents or representatives) shall within ten (10) days of the End Date authorise the release or return of the Deposit and/or the fees described in clause 6.1(c) but StayCotswold shall not be responsible for any delay in the return of the Deposit and/or the fees described in clause 6.1(c) as a result of the actions of any third party processing such payment.
 

7.  GUEST CANCELLATION OF A BOOKING

7.1 Unless otherwise specified in the Confirmation of Booking the following cancellation policy will apply.

7.2 StayCotswold can only guarantee the availability of the Property for the period between the Start Date and the End Date unless a variation to the Booking has been agreed in advance in writing and a revised Confirmation of Booking has been sent to the Guest following payment of all relevant sums due under the terms of this agreement.

7.3 Unless StayCotswold agrees otherwise in writing, any variation of the Start Date or End Date by the Guest will be treated by StayCotswold as a cancellation of a Booking and the provisions of clause 7.4 shall apply.

7.4 If the Guest provides StayCotswold with written notice that he/she wishes to cancel a Booking and StayCotswold confirms receipt via a platform or by email:

(a) The cancellation policy on the platform or website will apply as defined at the time of booking.

(b) Where booked directly with StayCotswold more than 8 weeks prior to the Start Date, the Guest shall be liable for 30% of the fee, plus a 50 GBP cancellation charge and any relevant playment and/or platform fees or charges;

(c) Less than 8 weeks prior to the Start Date, the Guest shall be liable for the full Fee and will not be entitled to any refund whatsoever.

(d) Where possible StayCotswold will endeavour to re-let the property to provide some form of refund. If a replacement booking is taken but StayCotswold is unable to achieve the same rental amount the shortfall and the Booking Fee will be deducted and the remaining refunded to you.

7.5 Notwithstanding clause 7.1, StayCotswold is unable to provide the Guest with a full refund if the Guest or StayCotswold cancels a Booking prior to the Start Date because a Force Majeure Event prevents the safe or reasonable occupation of the Property.

7.6. If there is any complaint from the Guest, which results in a cancellation, the Guest must notify StayCotswold within 24 hours of check-in via written notice to stay@staycotswold.com or the platform on which the booking was confirmed.

7.7. If the Guest cancels a Booking in accordance with the terms of this clause 7 the cancellation will show in the Home Owner’s account in the StayCotswold booking system portal and StayCotswold will use reasonable endeavours to send a courtesy notification in writing to the Home Owner of the cancellation as soon as reasonably possible after the cancellation.
 

8. GUEST INDEMNITY

8.1. You the Guest hereby agree to indemnify defend and hold harmless StayCotswold, its subsidiaries, successors, assignees, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, liabilities, obligations, damages, losses, expenses, and costs, (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a fullindemnitybasis) and all other reasonable professional costs and expenses) suffered or incurred by StayCotswold arising out of or in connection with:

(a) the Guest's breach, negligent performance or non-performance of agreement;

(b) loss or damage to the Property or common parts of the building by the Guest;

(c) theft, damage to, or duplication of the key(s) or lock(s) to the Property;

(d) the enforcement of this agreement.

8.2. We recommend that you take out travel insurance to cover your potential losses including cancellation due to illness, death in the family or any disruption to travel howsoever caused.
 

9. TERMINATION

9.1. Provided that a Guest owes no further obligations to StayCotswold (whether under this agreement or otherwise), a Guest (but not a Home Owner) may terminate this agreement at any time, immediately and without notice to us by deleting your account and refraining from using the Website.
 

OTHER TERMS APPLICABLE TO ALL MEMBERS

10. INSURANCE

StayCotswold (or its partner listing portals (for example, Booking.com, HomeAway or Airbnb, etc.)) may provide certain insurance cover to the Home Owner to cover the additional risk to your home’s contents caused by any acts or omissions of a Guest. To find out more about insurance, please email stay@staycotswold.com.

11. HOLIDAY LET

You acknowledge and agree that StayCotswold provides a holiday let platform and that nothing in this agreement shall entitle the Guest to be a tenant of a Property. You acknowledge and agree that the Home Owner shall grant to the Guest a licence to occupy the Property and not a tenancy.

12. INTEREST

If you fail to make any payment due to StayCotswold under this agreement by the due date for payment, then, without limiting StayCotswold's remedies, you shall pay interest on the overdue amount at the rate of 4% per annum above Barclay Bank plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.

13. CHANGES TO THESE TERMS

We may revise this agreement (or any of the documents referred to in this agreement) at any time by amending this contract. Please check https://www.staycotswold.com/booking-terms-and-conditions from time to time to take notice of any changes we made, as they are binding on you. Notice of any material changes will be sent to Home Owners via email.

14. DUPLICATE ACCOUNTS

StayCotswold reserves the right to refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, StayCotswold reserves the right to close or merge these duplicate accounts without notification.

15. STAYCOTSWOLD’S LIABILITY

15.1. Nothing in this agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

15.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

15.3. Subject to clause 15.1, StayCotswold’s maximum aggregate liability under or in connection with this agreement, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to: (a) the total fees, payments and charges paid by StayCotswold to Home Owner in any 12 calendar months, if you are a Home Owner; (b) the total fees, payments and charges paid by a Guest to StayCotswold for the relevant Booking, if you are a Guest; or (c) 500 GBP in all other circumstances.
 

16. CONSEQUENCES OF TERMINATION

16.1. Upon termination for any reason:

(a) all rights granted to you under this agreement shall cease;

(b) you must cease all activities authorised by this agreement; and

(c) you must immediately cease using your account and the Website.

16.2. Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.


17. TRANSFER OF RIGHTS AND OBLIGATIONS

17.1. This agreement is binding on you and us and on our respective successors and assignees.

17.2. You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent. This clause applies to all Members, whether you are a Home Owner, a Guest or otherwise.

17.3. StayCotswold may assign, charge, novate or otherwise dispose of this agreement without your prior written consent.
 

18. COMPLAINTS AND DISPUTE RESOLUTION

18.1. If you have cause for complaint you should immediately contact StayCotswold by e-mail at stay@staycotswold.com

18.2. If any dispute arises in connection with this agreement, a representative of StayCotswold with authority to settle the dispute will, within ten (10) working days of a request from a Member (whether a Guest or a Home Owner) meet (either in person or by telephone conference) in a good faith effort to resolve the dispute.

18.3. You may not commence any court proceedings in relation to any dispute arising out of this agreement until you have attempted to settle the dispute by negotiation and either the negotiation has not resolved the dispute within 30 days or StayCotswold has failed to participate in the negotiation, provided that the right to issue proceedings is not prejudiced by a delay.

18.4. Notwithstanding anything else in this agreement, StayCotswold shall be entitled to seek the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this agreement.
 

19. GENERAL TERMS

Communications

19.1. We are required to provide certain information to you in writing. By accepting this agreement, you agree that we can communicate in English with you electronically by email.

Entire Agreement

19.2. This agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.

Law and Jurisdiction

19.3. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19.4. Any dispute or claim arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.


20. CONTACT US

To contact us, please email stay@staycotswold.com


 

 

Schedule 1

OCCUPANCY AGREEMENT

This licence to occupy agreement (together with the documents referred to in it) (this “Licence”) is a legal agreement between the Home Owner, the Guest and StayCotswold for the licence and occupation of the Property.

AGREED TERMS

1. CONFIRMATION OF BOOKING

1.1. The Confirmation of Booking forms part of this Licence and shall have effect as if set out in full in the body of this Licence. Any reference to this Licence includes the Confirmation of Booking.

2. FRAMEWORK

2.1. Each Party acknowledges and agrees that:

(a) subject to paragraph 2.4, the terms and conditions contained in this Licence (as updated from time-to- time in accordance with the Terms of Use) shall apply to any and all bookings of the Property made by a Member (whether as a Home Owner or a Guest) via the Website, email or otherwise;

(b) under an agreement between the Home Owner and StayCotswold, the Home Owner has appointed StayCotswold to be its agent to, amongst other things, promote and manage the Property;

(c) StayCotswold agrees to perform, on behalf of the Home Owner, the services specified in the Confirmation of Booking on the terms and conditions set out in this Licence;

(d) it has the power to enter into this Licence and to perform the obligations contained in this Licence;

(e) the Home Owner’s acceptance of the terms of this Licence shall constitute its irrevocable agreement for StayCotswold to conclude the booking of the Property between the Guest and the Home Owner, irrespective of the date on which it commences in accordance with clause 2.4;

(f) notwithstanding clause 2.1(b) the Home Owner (and not StayCotswold) grants to the Guest the licence to occupy the Property on the terms and conditions of this Licence;

(g) the Guest is not a tenant of the Property and nor is the Guest granted exclusive possession of the Property; and

(h) the Home Owner has, by way of separate agreement between the Home Owner and StayCotswold, granted StayCotswold a licence to occupy the Property and accordingly StayCotswold (and any persons authorised by StayCotswold) shall be entitled to enter the Property during the Licence Period at any time and for any reason.

2.2. This Licence applies to the exclusion of any other terms that the Guest or Home Owner seeks to impose or incorporate, or which would otherwise be implied by trade, custom, practice or course of dealing.

2.3. Booking Details do not constitute a booking confirmation. StayCotswold will confirm acceptance of the booking by sending Confirmation of Booking to the Guest by e-mail.

2.4. This Licence shall commence (and shall bind each of the Parties) at the date the Confirmation of Booking has been sent to the Guest. The licence to occupy the Property granted in paragraph 3.1 shall commence on the start date specified in the Confirmation of Booking.
 

3. LICENCE TO OCCUPY

3.1. Subject to paragraph 4 and paragraph 9, the Home Owner permits the Guest and the members of the Guest’s party as listed on the pre-check-in form or equivalent provided by the Guest to occupy the Property for the Licence Period in common with StayCotswold (and all others authorised by StayCotswold (so far as is not inconsistent with the rights given to the Guest to use the Property)) together with the right for the Guest to use:

(a) such parts of the Common Parts as is necessary for the purpose of access to and egress from the Property;

(b) the Furnishings;

(c) the Property Utilities serving the Property.

3.2. The Guest acknowledges that:

(a) the Guest shall occupy the Property as a licensee and that no relationship of landlord and tenant is created between the Home Owner and the Guest by this Licence;

(b) StayCotswold shall undertake the sole management of the Property during the Licence Period.

(c) the Home Owner retains control and possession of the Property and the Guest has no right to exclude the Home Owner or StayCotswold (and any persons authorised by StayCotswold) from the Property;

(d) the licence to occupy granted by this Licence is personal to the Guest and is not assignable. The rights given in paragraph 3 may only be exercised by the Guest;

(e) the Home Owner and StayCotswold shall retain keys to the Property during the Licence Period, and the Home Owner and StayCotswold (and any persons authorised by StayCotswold) reserve their right (acting reasonably) to use these keys and enter the Property at any time during the Licence Period.
 

4. GUEST'S OBLIGATIONS AND INDEMNITY

4.1. The Guest agrees, warrants and undertakes:

(a) to keep and leave the Property clean, tidy and clear of rubbish and to follow any relevant recycling rules where applicable. The Guest will pay for additional rubbish removal if more than two large refuse bags are left per week or part thereof;

(b) to keep the Property and the Furnishings in the same decorative condition throughout the Licence Period as they were in at the start of the Licence Period;

(c) not to use the Property other than as personal residential accommodation;

(d) to notify StayCotswold immediately (and in any event within 48 hours) of any: (i) damage to the Property or Furnishings, whether caused by the Guest, the Guest's visitors or otherwise; (ii) issues or complaints of any nature;

(e) not to sublicence, share possession or to allow any person other than the person named in the Booking Details (together with the named additional Guests whose identity details were provided prior to check-in) to occupy the Property at any time;

(f) not to use the Property for business purposes, unless specific permission is given in writing by StayCotswold; (Covers us for corporate use)

(g) not to use the Property for events or parties unless specific permission is given in writing by StayCotswold;

(h) not to access or open any cupboard, drawers or other storage which has been marked as private. These may be identified by the application of blue ribbons and/or tamper proof tape;

(i) not to make any alteration or addition whatsoever to the Property;

(j) not to display any advertisement, signboards, nameplate, inscription, flag, banner, placard, poster, signs or notices at the Property;

(k) not to make a copy of the set of keys provided by the Home Owner or StayCotswold or change any of the locks on the property;

(l) if the Guest loses the keys provided, to notify StayCotswold without delay, and bear the cost of replacement keys and locks (as appropriate) to a similar standard for the Property. Guests acknowledge that the replacement of keys and/or locks can be expensive. If StayCotswold have to attend the Property to give the Guest access to the Property during the Licence Period the Guest will pay an additional fee of 50 GBP to be granted access between the hours of 09:00 and 21:00 and 150 GBP to be granted access between the hours of 21:00 and 09:00 and such fee will be payable on demand.

(m) not to smoke inside the Property, unless expressly authorised in the Confirmation of Booking. If StayCotswold has reasonable cause to believe that a Guest has been smoking at the Property the Guest will pay an additional fee of 200 GBP which will be payable on demand. Guests may smoke outside the Property if expressly authorised and provided that cigarettes (or similar) are properly disposed of;

(n) not to cook any pungent or odorous food which may cause a nuisance to the Home Owner or the occupiers of any adjoining or neighbouring properties;

(o) not to request any services from any porter within the building or complex of which the Property forms part nor to make any requests of any neighbours;

(p) not to allow any pets or animals in the Property, unless expressly authorised in the Confirmation of Booking;

(q) subject to paragraph 4.1(p), not to play any musical instrument or loud music between the hours of 10 pm and 8 am;

(r) not take or remove any Furnishings, property, belongings or personal effects from the Property;

(s) not to move any Furnishings from the original position and/or room within the Property;

(t) to keep the property secure at all times, including by properly managing all utilities and appliances;

(u) to notify the appropriate emergency services in the event of an emergency. An HSSE form together with instructions for its completion will be provided by StayCotswold at check-in together with a list of relevant telephone numbers;

(v) not to do or permit to be done on the Property anything which is illegal, immoral or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to the Home Owner, StayCotswold or to any tenants or occupiers of the building in which the Property is located (if applicable) or any owner or occupier of neighbouring property (this includes nuisance caused by noise

(w) not to cause or permit to be caused any damage to:

(i) the Furnishings;

(ii) the Property, the building in which the Property is located (if applicable) or any neighbouring property;

(iii) any property, belongings or personal effects at the Property, or any neighbouring property; or

(iv) the Service Media;

(x) not to obstruct the Common Parts, make them dirty or untidy or cause any damage to leave any rubbish on them;

(y) not to do anything that will or might constitute a breach of any Consents affecting the Property or which will or might vitiate in whole or in part any insurance effected by the Home Owner or StayCotswold in respect of the Property and/or the building in which the Property is located (if applicable), or increase the insurance premium(s);

(z) to comply with all laws and with any recommendations of the relevant suppliers relating to the supply of electricity, gas, water, sewage, telecommunications and data and other services and utilities to or from the Property;

(aa) to observe all rules and regulations the Home Owner or StayCotswold makes and notifies to the Guest from time to time governing the Guest's use of the Property and the Common Parts;

(bb) to leave the Property in a clean and tidy condition and to remove the Guest's possessions from the Property at the end of the Licence Period including any rubbish as instructed in the Guest guide;

(cc) to comply with the terms of this Licence;

(dd) if applicable, not to do anything on or in relation to the Property that would or might cause the Home Owner to be in breach of its covenants as a tenant; and

(ee) to vacate the Property on the End Date at the agreed check-out time and to leave the Property in the same condition as it was in at the start of the Licence Period.

4.2. The Guest shall indemnify StayCotswold and the Home Owner against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by StayCotswold and/or the Home Owner arising out of or in connection with:

(a) the Guest's breach or negligent performance or non-performance of this Licence;

(b) loss or damage to the Property or common parts of the building by the Guest;

(c) theft, damage to, or duplication of the key(s) or lock(s) to the Property; and

(c) the enforcement of this Licence.
 

5. HOME OWNERS OBLIGATIONS AND INDEMNITY

5.1. The Home Owner confirms, warrants and undertakes:

(a) the Home Owner has obtained (and shall maintain at all times) the necessary Consents and has notified all relevant parties of the existence of this Licence, including (but not limited to) the Home Owner’s mortgage company (if applicable) insurance provider and the Home Owner’s council or local authority (if required);

(b) the Furnishings are fire resistant and comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended;

(c) the Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451) have been satisfied and where applicable an electronic copy of the gas safety certificate is available upon request for inspection by the Guest;

(d) the electrical appliances provided by the Home Owner are safe and comply with the Electrical Equipment (Safety) Regulations 1994 and the Plugs and Sockets, etc (Safety) Regulations 1994 and all appliances manufactured after 19 January 1997 are marked with the relevant CE symbol;

(e) the Home Owner shall be responsible for any and all taxes (whether of the UK or elsewhere) for which the Home Owner is liable in connection with this Licence;

(f) that

(i) the Property shall be vacant during the Licence Period;
(ii) the Property has been left by the Home Owner in excellent condition; and
(iii) the Home Owner shall bear the costs of bringing the condition of the Property to the required standard if the Property is not left by the Home Owner in excellent condition;

(g) to provide StayCotswold with, and to maintain, the Inventory and the Property Profile. The Home Owner shall promptly notify StayCotswold of any changes to the Inventory and/or the Property Profile; and

(h) to comply with the terms of this Licence;

(i) to vacate the Property by 09:00 on the Start Date and not to return unless agreed in advance with StayCotswold earlier than 18:00 on the End Date.

5.2. Unless otherwise agreed with StayCotswold, the Home Owner shall be responsible for, and shall promptly arrange and pay for, any and all maintenance required at the Property (whether before, during or after the Licence Period) and all Service Media. StayCotswold reserves the right to deduct any maintenance costs it incurs in relation to the Property from the Accommodation Fee if such sums have not been reimbursed by the Home Owner.

5.3. The Home Owner shall indemnify StayCotswold and the Guest against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by StayCotswold and/or the Guest arising out of or in connection with:

(a) the Home Owner's breach or negligent performance or non-performance of this Licence;

(b) the unavailability of the Property;

(c) the enforcement of this Licence.


6. FEES AND CHARGES

6.1. The Guest agrees and undertakes:

(a) to pay to StayCotswold (without any deduction):

(i) the Fee, together with booking charges or other charges payable under the terms of this agreement, in full (in GBP) and hereby authorises StayCotswold to collect the full amount of the Fee immediately upon booking;

(ii) the Security Deposit and hereby authorises StayCotswold to pre-authorise or deduct an amount from a credit or debit card by way of security deposit;

(iii) the cost of any damage to the Property or contents and to pay any fees in relation to any unauthorised overstay. The Guest authorises StayCotswold to deduct from the deposit or credit or debit card in the event of any damage to the Furnishings, the Property or its contents or in the event of late check-out or overstaying;

(iv) the fees for any additional services that StayCotswold agrees to provide to the Guest pursuant to the terms of this agreement immediately following written confirmation from StayCotswold of their agreement to provide those services.

6.2. Except as expressly set out in this Licence, the Guest shall not have any obligations or liability to make any payment to the Home Owner.

6.3. All fees and charges will be exclusive of VAT (unless otherwise stated) and shall be payable to StayCotswold in GBP. The Guest shall be responsible for, and shall pay, any fees charged by the Guest’s bank or credit or debit card provider.


7. CANCELLATION

7.1. The provisions of clause 7 of this agreement shall also apply in relation to this Licence.

7.2. Subject to paragraph 7.3, once a Confirmation of Booking has been sent to the Guest the Home Owner is not entitled to cancel or terminate the Guest’s or StayCotswold’s right to occupy the Property pursuant to paragraph 3.1.

7.3. There may be circumstances beyond the reasonable control of the Home Owner and StayCotswold, or emergencies in which the Property is unavailable for all or part of a Licence Period. In such exceptional circumstances StayCotswold will use reasonable endeavours to locate alternative accommodation for the Guest (which will be of comparable quality and location to the Property). If that is not possible, StayCotswold shall use reasonable endeavours to provide the Guest with alternative accommodation elsewhere. If that is not possible or the Guest would prefer to cancel the booking instead of relocating in these circumstances, StayCotswold will issue a full refund to the Guest within 5 working days.

7.4. StayCotswold reserves the right to cancel any Booking without penalty if a fully completed pre-check-in form or the information contained in the pre-check-in form including valid identity documents for the Guest and all persons who will be staying at the Property with the Guest is not received at least seventy-two hours prior to the Start Date or within twelve hours of a Booking being made if it is made less than seventy-two hours prior to the Start Date.

7.5. Unless StayCotswold agrees otherwise in writing, any variation of the Licence Period or the Property will amount to a cancellation of a booking.


8. INSURANCE

8.1. StayCotswold recommends that the Guest and the Home Owner shall each take out appropriate insurance cover. In particular:

(a) StayCotswold requires that the Home Owner takes out contents insurance to cover, amongst other things, any belongings in the Property during periods where the Property is not occupied by Guests or for any claim which is not the result of any act or omission of a Guest or which is not the direct result of the occupation of the Property by a Guest; and

(b) StayCotswold requires that the Home Owner has in place at all times buildings insurance which includes public liability cover.

(c) the Guest acknowledges that the Home Owner’s insurance policy (if any) will not cover the Guest’s possessions or any matters relating to the Guest’s travel arrangements. The Guest is strongly advised to insure his or her belongings and travel arrangements with a reputable insurer through a relevant travel insurance policy.

8.2. StayCotswold (or its partner listing portals (for example, Booking.com, HomeAway or Airbnb) may provide certain contents insurance cover to the Home Owner for additional risks to the contents of the Property due to the acts or omissions of a Guest during the Confirmed Booking periods.
 

9. TERMINATION

9.1. This Licence shall end on the earliest of:

(a) the End Date; or

(b) the expiry of any notice given by StayCotswold to the Guest at any time of breach of any of the Guest's obligations contained in paragraph 4. For the avoidance of any doubt, StayCotswold may exercise its right to terminate this Licence (in StayCotswold’s sole discretion), pursuant to this paragraph 9.1(b), immediately.

9.2. Termination of this Licence shall not affect the rights of any Party in connection with any breach of any obligation under this Licence which existed at or before the date of termination. The clauses in this Licence which by the context are intended to survive termination, shall survive termination or expiration of this Licence for any reason.
 

10. NOTICES

10.1. Any notice or other communication given under this Licence shall be in writing and shall be delivered by e-mail or by pre-paid first-class post or other internationally recognised delivery services to the relevant e-mail or postal address stated in the Booking Details or as otherwise specified by the relevant Party by notice in writing to each other Party.

10.2. Any notice or other communication given in accordance with paragraph 10.1 will be deemed to have been received:

(a) if delivered by e-mail, on the date and time of a delivery receipt or, if none, at the time the notice is sent to the proper e-mail address;

(b) if delivered by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c) if delivered by an internationally recognised delivery service, at 9.00 am on the fourth working day after posting

10.3. This paragraph does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
 

11. LIMITATION OF LIABILITY

11.1. Subject to paragraph 11.2, neither the Home Owner nor StayCotswold shall be liable for:

(a) the death of, or injury to the Guest or visitors to the Property; or

(b) damage to, or theft of, any possessions of the Guest or the Guest's invitees to the Property;

(c) any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill claims, any indirect or consequential loss incurred by the Guest or the Guest's invitees to the Property in the exercise or purported exercise of the rights granted by paragraph 3.

11.2. Nothing in this paragraph 11 shall limit or exclude the Home Owner's or StayCotswold’s liability for:

(a) death or personal injury or damage to property caused by negligence on the part of the Home Owner (or its agents) or StayCotswold (or its employees or agents); or

(b) any matter in respect of which it would be unlawful for the Home Owner or StayCotswold to exclude or restrict liability.

11.3. Subject to this paragraph 11, the Home Owner’s and/or StayCotswold’s liability to the Guest for the non-availability of the Property during the Licence Period shall be limited to the Fee for the relevant Booking.

11.4. Nothing in this agreement shall limit:

(a) the Home Owner’s and/or the Guest’s liability to StayCotswold; or

(b) the Guest’s liability to the Home Owner.

11.5. Subject to this paragraph 11, StayCotswold’s liability to each of the Home Owner and the Guest shall be limited to:

(a) the total fees, payments and charges paid by StayCotswold to Home Owner in any 12 calendar months, if you are a Home Owner;

(b) the total fees, payments and charges paid by a Guest to StayCotswold for the relevant Booking, if you are a Guest; or

(c) 500 GBP in all other circumstances.

11.6. Subject to this paragraph 11, the Home Owner’s liability to the Guest shall be limited to the higher of:

(a) the total fees, payments and charges paid by a Guest to StayCotswold for the relevant Booking; or

(b) 500 GBP in all other circumstances.

11.7. Subject to paragraph 11.2, the limitation of liability at paragraphs 11.5 and 11.6 shall apply for each and every claim arising out of the same originating cause or source. In addition, the limit shall apply however that liability arises, including, without limitation, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty.


12. ASSIGNMENT AND OTHER DEALINGS

12.1. Neither the Home Owner nor the Guest shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Licence.

12.2. StayCotswold may at any time and without notice:

(a) assign, transfer, mortgage, charge or deal in any other manner with any or all of its rights and obligations under this Licence;

(b) disclose to a proposed assignee any information in its possession that relates to this Licence or its subject matter, the negotiations relating to it and the other Party which it is reasonably necessary to disclose for the purposes of the proposed assignment; and

(c) subcontract or delegate in any manner any or all of its obligations under this Licence to any third party.


13. WAIVER

No failure or delay by a Party to exercise any right or remedy provided under this Licence or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

14. ENTIRE AGREEMENT

14.1 This Licence (together with the documents referred to in it) constitutes the entire agreement between the Parties in respect of the occupation of the Property by the Guest and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

14.2 Each Party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Licence. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Licence.

15. FORCE MAJURE

Neither the Home Owner nor StayCotswold shall be in breach of this Licence nor liable for delay in performing, or failure to perform, any of its obligations under this Licence if such delay or failure result from events, circumstances or causes beyond its reasonable control or a Force Majeure Event.

16. SEVERANCE

If any provision or part-provision of this Licence is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Licence.
 

17. THIRD PARTY RIGHTS

A person who is not a Party to this Licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.

18. COMPLAINTS AND DISPUTE RESOLUTION

18.1. Should the Guest find that there is a problem, or has cause for complaint, the Guest should immediately contact StayCotswold and in any case within 24 hours of becoming a aware of the problem or cause for complaint. All relevant contact details can be found on the website for reference.

18.2. In the event of any major maintenance problems (meaning a problem which renders the Property unfit for occupation and use) StayCotswold will use reasonable endeavours to ensure that a suitably qualified engineer or contractor inspects the Property within 24 hours of the Guest making StayCotswold aware of the problem and StayCotswold will use reasonable endeavours to have any such problem repaired as soon as reasonably practicable.

18.3. In the event of any minor maintenance problems (meaning a problem which does not render the Property unfit for occupation and use) StayCotswold will use reasonable endeavours to ensure that a suitably qualified engineer or contractor inspects the Property within 72 hours of the Guest making StayCotswold aware of the problem and StayCotswold will use reasonably endeavours to have any such problem repaired as soon as reasonably practicable.

18.4. If any dispute arises in connection with this Licence, a representative of StayCotswold with authority to settle the dispute will, within ten (10) days of a request from a Member (whether a Guest or a Home Owner) meet (either in person or by telephone conference) in a good faith effort to resolve the dispute.

18.5. No Party may commence any court proceedings in relation to any dispute arising out of this Licence until it has attempted to settle the dispute by negotiation and either the negotiation has not resolved the dispute within 30 days or the other Party has failed to participate in the negotiation, provided that the right to issue proceedings is not prejudiced by a delay.

18.6. Notwithstanding anything else in this Licence, a Party shall be entitled to seek the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this Licence.

This Licence has been entered into on the date stated in the Booking Details.

StayCotswold Ltd 

 

StayCotswold - The Studio, Birch Drive, Bradwell Village, Burford, Oxfordshire, OX18 4XH 

01993 259 444 - stay@staycotswold.com