Curated Property
Terms & Conditions of Contract
1. Definitions
1.1 ‘Agency' means LUXURY PROPERTY MANAGEMENT LTD trading as Curated Property of 1 Queen Square, Bath, England, BA1 2HA, a company registered in England and Wales under company number 13661653.
1.2 'Agency's Website' means the website you have used to book the property.
1.3 'Balance' means the total amount payable by You for the Rental Period (including the Cautionary Deposit) less any Booking Deposit paid in accordance with clause 5.
1.4 'Booking Deposit' means a deposit which may be payable by You to the Agency on acceptance of the booking by the Owner in accordance with clause 5.
1.5 'Booking Form' means the form provided by the Agency in which you provide information with respect to your booking and requirements and make an offer to the Owner in accordance with clause 3.1.
1.6 'Booking Service' means the service which the Agency provides to Owners through the Agency's Website whereby prospective customers for holiday lets are able to choose and book a holiday property.
1.7 'Cautionary Deposit' means the deposit to be paid by You and held by the Agency on behalf of the Owner as security against any damages and/or any requirement for additional cleaning, whether discovered during the Rental Period or after your departure, as further described in clause 5.
1.8 'Force Majeure Event' means any circumstance not within a party's reasonable control including, without limitation: (a) acts of God, severe floods, droughts, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom.
1.9 'Property' means the property let or to be let by the Owner to You through the Agency (to include the Property's grounds and any outbuildings).
1.10 'Owner' shall mean the owner of the Property by whom the Agency is appointed agent.
1.11 'Owner's Representative' means the person appointed by the Owner to represent the Owner at the Property.
1.12 'You' shall mean the person who completes and submits the Booking Form and to whom the Owner lets the Property under the Contract; where more than one person is taking the holiday, 'You' also means the 'party leader'.
1.13 'Booking Fee' means the administration charge payable by You to the Agency on acceptance of the booking by the Owner in accordance with clause 5.
2. The Agency's Role
2.1 The Agency does not own the Property but acts as an agent for the Owner by taking and arranging bookings for the Property through the medium of the Agency's Website.
2.2 The Agency's role is limited to providing the Booking Service and communicating, where necessary, with the Owner on your behalf. The Agency accepts no liability for any defect in or the unavailability of the Property for any reason, or for any other issues concerning the letting or the Property during the Rental Period.
2.3 When a Written Confirmation of Rental has been issued by the Agency, a Contract will be formed between You and the Owner in accordance with clause 3 below, to which the Agency shall not be a party. Further to this contract your contact details will be shared with the Owner once the booking is confirmed.
3. Basis of Contract
3.1 The submission of the Booking Form by You constitutes an offer to take a letting of the Property from the Owner in accordance with these Conditions.
3.2 Where You are also a Party Leader, You are responsible for compliance with these Conditions and the Contract by all members of the party. 'You' shall also mean any member of your party, unless stated otherwise.
3.3 At the time of booking You must be over the age of 18 and you must be in attendance at the Property for the duration of any period in which any member of the party is in occupation of the Property.
3.4 Your booking of the Property shall only be deemed accepted by the Owner upon Written Confirmation of the following, at which stage a contract will be made between You and the Owner ('Contract'): (a) Confirmation that You are over the age of 18 (the Agency reserves the right to ask You and any member of your party for certified photographic ID); (b) The Owner's consent to let the Property to You for the period and duration submitted on the Booking Form; (c) Receipt by the Agency of the Booking Deposit, or full payment of the Balance; and (d) Receipt by You of written confirmation by the Agency that the above matters have been concluded and that the Property is available ('Written Confirmation of Rental').
3.5 By submitting the Booking Form, You confirm that You will assume responsibility for the whole party and for compliance with these Conditions and Contract.
3.6 Save where refusal would be unlawful, the Agency, on behalf of the Owner, has the right to refuse any Booking, without reason.
3.7 Should the Agency refuse your booking, any monies paid by You will be returned within 5 Business Days and (save only where refusal would be unlawful) neither the Agency nor the Owner shall have any further responsibility or liability to You.
3.8 Any disputes or queries with respect to these Conditions, or any other matter, will be dealt with by You as the party leader.
3.9 The Contract creates a licence to occupy for the purposes of a holiday (and not for any business purpose) and nothing in the Contract or these Conditions shall create the relationship of landlord and tenant between You and the Owner.
3.10 Neither the Owner nor the Agency provides any promise with respect to the quality of services provided by third parties at the Property including, but not limited to, internet service, telephone reception and television reception.
3.11 The maximum number of occupants at the Property shall be the number stated on the Booking Form.
4. Advertisement of the Property
4.1 The Agency makes all reasonable attempts to ensure that the information provided by the Owners in relation to the Property and services are accurately stated on all literature, including the Agency's Website.
4.2 The advertisement of the Property is intended to create a general idea of the Property and whilst all reasonable efforts have been made by the Agency to ensure that information on the Agency's Website about the Property and its facilities and services is kept up to date, there may be some differences between the description on the Agency's Website and the actual state of affairs at the start of the Rental Period.
5. Booking and Payment
5.1 All payments shall be made by Credit or Debit Card unless agreed otherwise. A 50% deposit is required at the time of booking to confirm your reservation, with the remaining balance due 60 days prior to arrival. Unless you have selected a Flexible Cancellation Policy at the time of booking, both the deposit and the balance payment are non-refundable. Payments will be automatically collected when due using the payment method provided at the time of booking.
Payment terms maybe different based on the websites used for booking.
5.2 The total price for your entire stay will be presented to you before you confirm your booking and make payment. The cancellation terms will be communicated to you at the time of the booking.
5.3 The Agency acts as an agent of the Owner and all monies paid by You shall be held by the Agency for the Owner.
5.4 All payments shall be made by You in Pounds Sterling and neither the Agency nor the Owner shall be responsible for any currency conversion costs You may incur.
6. Cautionary Deposit and Indemnity
6.1 A Cautionary Deposit is payable by You along with the rental payment. The amount of the Cautionary Deposit to be paid by You is set by the Owner and is shown on the Agency's Website and also within the Booking Form.
6.2 The Agent and/or Owner is entitled to use the Cautionary Deposit in the following circumstances: (a) Should You or any member of your party damage the Property, or any equipment or fittings, or leave it in a condition where additional cleaning is required; (b) Should You or any member of your party be in breach of any of these Conditions; (c) Should the Owner be required to remedy any damage caused to the Property during the Rental Period; (d) To charge for additional guests which have not been approved by either the Agency or the Owner; or (e) To make such payments to the Owner or third party contractors (with prior written notice to You) should the evidence of damage caused by You result in the Owner having to take reasonable action to correct such damage.
6.3 The Agency will contact you within 7 Business Days after the Rental Date to advise you whether the full amount of the Cautionary Deposit will be refunded or whether the Owner intends to make a claim for any damage against the Cautionary Deposit.
6.4 Should a claim be made by the Owner against the Cautionary Deposit, details of such claim will be provided to You within 14 days of the expiry of the Rental Period. Any disputes or queries with respect to the claim must be received from You within 14 days of the claim notification from the Agency.
6.5 Should the Cautionary Deposit provide an insufficient remedy, the Owner shall have the right to recover any sum from You so as to make up any shortfall.
6.6 We will assist in the negotiation of damage claims between owner and guest; however, if we are unable to reach a resolution we will ask the guest and owner to communicate directly on the matter. In these cases the cautionary deposit will be held by us until the outcome is advised to us by both parties.
6.7 In the event that You or any member of your party causes severe damage to the Property which results in the Owner having to cancel subsequent bookings and/or pay compensation to any person due to the Property being left in an uninhabitable state, You shall indemnify the Owner in full for any loss incurred which the Cautionary Deposit does not cover.
6.8 Refundable cautionary deposit of £1,000 for Penpol, £2,000 for Polpier and £3,000 for both. Additional £500 refundable deposit for events involving additional guests.
7. Duration and Term of Rental
7.1 The letting will commence on the Rental Date and continue for the duration of the Rental Period and shall terminate on the last day of the Rental Period in accordance with this clause 7 and the Written Confirmation of Rental.
7.2 Check in and check out times for properties advertised on the Agency's Website shall vary, depending on the Rental Period you have chosen.
8. House Rules
8.1 If you use your own caterer, you will need to provide the housekeeper with a copy of their insurance policy.
8.2 Guests who smoke outside need to put their cigarette ends in the ashtrays and bins provided, not in the flower beds.
8.3 Fireworks are not allowed. Guests who set off fireworks at the property will be subject to a £500 charge which will be donated to Mevagissey Feast Week.
8.4 Please note an uncovered 30cm-deep pond in the Chapel Garden behind a closed gate; please keep the gate shut and supervise children at all times.
8.5 If the AGA is tampered with or switched off during a stay the guest will be charged £200 and this will be deducted from their cautionary deposit.
8.6 Towels damaged by fake tan will be charged for via the damage deposit. The deposit will be held until it can be established they cannot be cleaned. Cost per item is £20 for a large bath sheet, £10 for a hand towel or bath mat. If you or persons in your party wear fake tan it is advisable to bring your own towels for showering and the pool to prevent these charges.
8.7 Please be advised that deductions will be made to the cautionary deposit for any excessive cleaning required.
8.8 Hen parties are welcome.
8.9 Dogs welcome at £50 per dog – pet policy in place.
8.10 Celebrant weddings and receptions welcome to up to 50 guests – pre-approval needed and additional charges apply.
8.11 Extra day guests permitted up to 20 – pre-approval needed and additional charges apply.
8.12 Car charging is not available from the sockets at this property.
8.13 A sit-down meal for up to 42 can be arranged.
9. EV Charger Policy
9.1 This property does not have a dedicated electric vehicle charger available. The nearest charger can be found at The Willow Carpark in Mevagissey, PL26 6SB. Please note: domestic chargers are not permitted at the Property.
9.2 Most EVs are supplied with a domestic charger, commonly known as a 'granny charger' or a 'trickle charger'. These cables recharge the EV using a domestic power source via a 3-pin wall socket.
9.3 Domestic chargers are not suitable for use in the Property and will create a fire hazard. The use of domestic chargers is strictly forbidden.
9.4 We retain the right to carry out reasonable inspection, on a without-notice basis, to ensure that granny chargers are not in use in the Property.
9.5 You are solely liable for any damage or loss suffered by us as a result of your unauthorised use of domestic chargers.
10. Your Obligations with Respect to the Property and Its Use
10.1 You confirm that the information you have provided to the Agency is true, accurate, current and complete in all respects. Should any information provided change, you should notify the Agency immediately. Neither the Agency nor the Owner shall be liable if any incorrect information provided by You results in the Agency or Owner being entitled to terminate the Contract.
10.2 You promise to the Owner and Agency that the nature of your stay is the same as described in the Booking Form. Should it vary, the Owner shall have the right to terminate the Contract with you immediately in accordance with clauses 11 and 12.
10.3 You agree to: (a) Not cause any damage to the Property, including all furniture, fixtures and fittings; (b) Keep the Property and all furniture, fixtures and fittings in the same state of repair as to which you found them at the commencement of the Rental Period; (c) Leave the Property in the same state of cleanliness as that in which You found it; (d) Keep all furniture as you found it, and return it to its original place prior to the end of the Rental Period; (e) Empty any bins and dispose of any rubbish in the outside bins provided, following the instructions of the Owner where provided; (f) Report any damage at the Property not caused by You to the Owner's Representative on your day of arrival; (g) Report as soon as possible to the Agency, any breakages or damage caused by You or your party during the Rental Period; (h) Not undertake any repairs of any kind to the Property yourself; (i) Not use the Property for any illegal purpose or take any illegal substance thereon; and (j) Abide by the Conditions.
11. Cancellation Policy
11.1 The cancellation policy will be communicated to you at the time of booking.
11.2 The Agency reserves the right to terminate the Contract, on behalf of the Owner, or refuse to hand over to you the Property, at any time where there are reasonable grounds to suspect that: (a) You or your party are likely to breach any of the Conditions in terms of the number of persons staying at the Property, or their age; (b) You have provided incorrect information to the Agency with respect to your booking; or (c) You have behaved in a vexatious, abusive or unlawful manner towards the Agency, the Owner, any third party supplying services to the Property or any neighbours of the Property.
11.3 The above actions shall constitute a breach of contract by You and the Agency and Owner shall consider the booking as cancelled by You. In these circumstances, neither the Owner nor the Agency shall be liable to You in any respect and You shall not be entitled to a refund of any monies or alternative accommodation.
12. Right of Re-Entry and Right to Evict
12.1 The Owner is entitled to enter the property, without providing You with prior notice in the following circumstances: (a) In an emergency, to include where repairs are required to be carried out due to a report made by You or damage caused by You; (b) Should you be in breach of any of these Conditions or the Agency, the Owner or the Owner's Representative has reasonable grounds to believe that you are in breach of these Conditions and of the Contract; or (c) The Agency or the Owner have received reports from a third party that may lead to you being in breach of these Conditions or Contract.
12.2 The Owner or the Owner's Representative is allowed to enter the property to inspect it (including but not limited to where you have complained about the property). In this circumstance, reasonable notice will be given first.
12.3 Should re-entry be required on the basis that you are in breach of these Conditions, no notice of re-entry is required and you may also be required to leave the Property immediately at the request of the Agency or the Owner, in which case the Contract shall terminate immediately, with no compensation or liability being owed to You by either the Agency or the Owner.
12.4 Should access be required pursuant to this clause 12, You agree not to obstruct the re-entry of the Owner and/or the Owner's Representative (to include workmen) to the Property.
13. Limitation of Liability
13.1 Neither the Agency nor the Owner excludes or limits their liability where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence or the negligence of employees or agents; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Booking Service.
13.2 Nevertheless, to the fullest extent permissible by law the Agency disclaims any and all promises, warranties, conditions or representations relating to the Booking Service. In particular, the Agency does not make any promises with respect to: (a) The availability of the Agency's Website; (b) Errors contained in any documentation supplied by the Owners or their representatives; (c) The quality or suitability of the Property or the Owner.
13.3 The Agency shall not be liable to You or any member of your party for any loss You incur in the event that the Owner overbooks the Property or cancels your booking. Should the Agency be deemed to be liable by order of a Court in any respect, such liability will be limited to the amount the Agency receives by way of commission from the Owner and shall only be paid once to You.
13.4 Should a suitable insurance policy be obtained, You or any member of the party must first claim for any such loss under that policy, with the Agency being liable only for the difference (if any) between the amount achieved by way of commission by the Agency and the amount the insurance company has paid to You.
13.5 You acknowledge that in booking the Property, all personal belongings and vehicles, including the contents of those vehicles, belonging to You and any member of your party, are left at the Property entirely at your and their own risk. The Agency shall accept no responsibility for any loss, damage or injury to You or your guests and to yours or their personal property during the Rental Period, except for any such loss which has been caused by the Agency's own negligence.
14. Complaints
14.1 Should You wish to make a complaint during the Rental Period, You should notify the Owner or the Owner's Representative during the stay and as soon as you become aware of the issue so that every attempt can be made to resolve the issue as soon as possible. The complaint should be followed up in writing no later than 14 days from the end of the Rental Period to The Agency. If you cannot contact the Owners or the Owner's Representative during the stay then please call The Agency on 01242 235151.
14.2 Should You be dissatisfied with the Owner's response, the Agency may (but is not obliged to) liaise with the Owner in an attempt to resolve the complaint.
14.3 Should the Agency attempt to resolve a complaint pursuant to clause 14.2 above, every attempt will be made by the Agency to reach a resolution between You and the Owner, which may include a relevant compensatory amount; however should You not accept the suggested resolution, the Agency and Owner are under no obligation to offer you anything further.
14.4 If the complaint is not resolved, nothing in this section affects your legal rights.
15. Force Majeure Event
15.1 The Agency/Owner shall not be in breach of these conditions nor liable for delay in performing, or failure to perform, any of its obligations set out in these conditions or otherwise, if such delay or failure results from events, circumstances or causes beyond its reasonable control.
15.2 Should a Force Majeure Event happen during the Rental Period, the Agency will do all that is reasonably practicable to provide You with alternative accommodation. The Agency/Owner shall not be liable to You for any loss incurred by You (which may include but is not limited to additional travel costs, booked third party suppliers, any contracts agreed by You externally from the property) for events that are outside of our control.
16. Severance
16.1 If any provision or part provision of these Conditions 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 the Conditions.
16.2 If one party gives notice to the other of the possibility that any provision or part provision of these Conditions are invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and to the greatest extent possible, achieves the intended commercial result of the original provision.
17. Governing Law and Jurisdiction
17.1 These Conditions and any disputes or claims arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) are governed by, and construed in accordance with the law of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.