Short Term Accommodation Terms & Conditions
SHORT-TERM RENTAL AGREEMENT
This Short-Term Rental Agreement (herein referred to as “Rental Agreement”) sets out the terms and conditions on which a person (the “Guest” or “you”) can book accommodation (a “Property”) through any properties hosted by Harry Albert Lettings & Estates Ltd with or on behalf of the person(s) who owns that Property or is authorised to arrange rentals of the Property (the “Hosts”) by the owner(s) of the property (the “Owners”)(Hosts and Owners are collectively referred to as the “Host”). By making a Booking via Harry Albert Lettings & Estates Ltd or any booking platform or another alternative booking method you agree to be bound by this Rental Agreement.
Harry Albert Lettings & Estates Ltd (“Harry Albert” or “we”) acts as an agent on behalf of the Host in respect of any Bookings for a Property and this Rental Agreement is between you and the owner(s). As such, Harry Albert has no liability for any breaches of this Rental Agreement by the Host or the Guest.
WHAT IS A BOOKING?
1.1 A “Booking” is an agreement between you and the Hosts for the occupation of a Property for a specified time (the “Rental Period”). You can make a Booking directly with Harry Albert or on websites where Harry Albert advertises Properties. No Booking will exist until we or our booking partners send you an email confirmation (the “Booking Email”), at which point it will be legally binding on you and the Host.
1.2 By Booking, you agree to the details set out in the Property Listing prior to your Booking and the terms of your non-exclusive licence to occupy the Property for your stay.
1.3 You agree that we may pass on certain information about you to relevant persons or authorities in connection with a Booking where required to do so by law. We agree to remain compliant with data protection regulations at all times.
1.4 You acknowledge that the Booking will only entitle the guests listed at the time of booking to occupy the Property during the Rental Period, and no one other than the guests is permitted to enter or occupy the Property during the Rental Period.
1.5 You are aware that the Property is a home and as such may contain personal possessions; these remain the property of the Host and any removal of these possessions may be treated as theft.
1.6 Failure to vacate the property at the agreed date and time set out in the Booking will result in a late check-out fee of £200 and removal from the property and criminal prosecution under Section 73 Criminal Justice and Public Order Act 1994.
WHAT IS THE RENTAL FEE?
2.1 The “Rental Fee” means the amount paid or payable by you for the occupation of the Property for the Rental Period. The Rental Fee is as stated at the time you place a Booking request or as otherwise stated by us prior to you and the Host confirming a Booking, except in the case of obvious error.
2.2 We try to ensure that all prices are accurate and reserve the right to change or vary prices across platforms prior to booking confirmation. We reserve the right to change the price of any Booking in the case of error. If we discover an error in any fees we will inform you as soon as possible and give you the option of reconfirming your Booking at the correct price or cancelling it without any penalty on any party of this agreement.
2.3 In respect of each Booking we will charge you the Rental Fee which we will collect at the time of you making a Booking by taking payment from your credit/ debit card or Paypal account as soon as the Booking is made, unless we notify you otherwise prior to you making a Booking.
2.4 You confirm that the credit/debit card or Paypal account that is being used is yours. All credit/debit card holders and Paypal account holders are subject to validation checks and authorisation by the card issuer/ Paypal (as applicable). If the issuer of your card/ Paypal refuses to authorise payment we will not accept your Booking and we will not be responsible for any consequences of such refusal.
2.5 We or booking platform will not be held responsible for your card issuer, bank or Paypal charging you as a result of our processing of your payment in accordance with this Rental Agreement.
2.6 The Rental Fee does not include any additional guest services which you may book. The Rental Fee includes charges levied in respect of any utilities unless agreed prior to booking or listed in the description of the Property.
2.7 We are entitled to deduct from any money we hold on your behalf any monies you owe to us even if the money we are holding relates to a different Booking.
2.8 The Rental Fee will be payable in full, even if you do not occupy the Property for the entirety of the Rental Period.
2.9 If you make a Booking but do not arrive at the Property for that Booking, change the dates of the Booking or cancel the Booking in accordance with paragraph 3.4, the cancellation fees stated in paragraph 3.4 shall remain payable.
WHAT HAPPENS IF I WANT TO CANCEL MY BOOKING?
3.1 You acknowledge that as a Guest you do not have the right to cancel a Booking for any reason under consumer law. However, you are entitled to cancel Bookings in accordance with and subject to this paragraph 3.
3.2 You may request a cancellation of your Booking by contacting us prior to booking, subject to clause 3.3 and 3.4 below:
3.3 The minimum notice period for cancellation of any Booking that will apply to you (the “Minimum Notice Period”) will be the Minimum Notice Period set out at the time of Booking. The standard Minimum Notice Period will be set out prior to booking and before your occupation of the property is due to commence.
3.3.1 Standard Cancellation Terms: Unless you select Free Cancellation at the time of booking, if you cancel a Booking prior to the Minimum Notice Period for the relevant Property then you will receive a 50% refund of the Rental Fee unless otherwise stated at the time of booking. If you cancel with less than the Minimum Notice Period, you will still be required to pay the full Rental Fee. If the Rental Fee has not already been paid you will remain liable to pay such Rental Fee.
3.4 If you vary the Rental Period or Property, this will constitute a cancellation of the Booking, unless we notify you otherwise.
3.5 We offer limited refunds to Guests for Bookings which are cancelled, as stated in paragraph 3.4, in order to compensate the Host who may be unlikely to receive another Booking for the relevant Property and dates.
3.6 In the unlikely event that a Host cancels your Booking, or the Property is unavailable due to an emergency, we will communicate this to you and use reasonable endeavours to help you find an alternative Property, if available (“Alternative Accommodation”). If you agree to such Alternative Accommodation, you acknowledge that the Booking will be cancelled and you will enter into a new booking in respect of the Alternative Accommodation selected where you request alternative accommodation is found, where we have paid any fees for Alternative Accommodation, even if you refuse to stay at the Alternative Accommodation, you will not be entitled to a refund. If we are unable to find you Alternative Accommodation, or you do not want to book Alternative Accommodation:
3.6.1 we will not take any further payments from you in respect of the Booking; and
3.6.2 if you have already paid any amounts in respect of the Booking, we will refund them to you.
WHAT IS THE CHECKOUT POLICY?
4.1 The check-out time at the Property is as notified to you prior to you making a Booking and at the time of booking. Unless you have agreed to a late check-out with us, you will be liable for a full day’s Rental Fee for any occupation of the Property after the check-out time. You will also be liable for an additional charge of £200 for each day or part day that you overstay.
4.2 If you remain in the Property for more than 3 hours after check-out time without authority then we reserve the right to enter the Property, remove your luggage, and change the locks on the Property. We also reserve the right to take any other action that may be necessary and to charge you for the costs of that action. Failure to vacate the property when ordered to do so will result in removal from the property and criminal prosecution under Section 73 Criminal Justice and Public Order Act 1994.
4.3 The Host reserves the right to order the Guest to check-out at any time prior to the check-out time set out at the time of booking should this agreement or any agreements in relation to the Booking be broken or the Guest exhibits offensive or threatening or any other antisocial behaviour. In this event, Guests will not be entitled to any refunds.
4.4 The Host reserves the right to order the Guest to check-out at any time prior to the check-out time set out at the time of booking for any extenuating circumstances. In this event, we will find alternative accommodation for the Guests or issue a refund relative to the remaining time prior to check-out.
HOW DOES THE SECURITY DEPOSIT WORK?
5.1 You pre-authorise the payment to us of £1200 from your credit/debit card or Paypal account at the commencement of the Rental Period, or such other amount notified to you by us prior to making a Booking (the “Security Deposit”). You agree that we may use the Security Deposit in our sole discretion to compensate the Host for any damage to the Property, its fixtures or fittings or furnishings, or for any loss or damage caused to the Host due to your breach of this Rental Agreement. We will aim to return your Security Deposit, or any remaining amount of it, within 14 working days of the end of your stay.
5.2 The Security Deposit terms set out at the time of booking via the respective booking platform will supersede section 5.1 of this Rental Agreement.
WHAT IDENTIFICATION DO I NEED TO BRING TO THE PROPERTY?
6.1 To protect the Host’s interest in the Property, you agree to provide evidence of your identity at check-in, as set out in the Booking Email.
6.2 No access to the Property can be given until the Host’s representative has seen satisfactory identification (such determination to be at the Host’s sole discretion).
6.2.1 In the event it later transpires that the identification is not satisfactory, the Host reserves the right to terminate the Booking.
6.3 Failure to provide suitable identification at the commencement of the Rental Period will constitute an immediate cancellation of the Booking by the Guest. Under such circumstances, no refund can be paid.
7.1 You agree not to use the Property in the following ways:
7.1.1 Business: You will not operate any form of business from the Property including any filming, production or other commercial activity, without the prior written consent of the Host and shall use the Property for residential purposes only.
7.1.2 Illegality: You will not use the Property for any illegal or immoral purpose.
7.1.3 Drugs: You will not consume or keep or occupy whilst under the influence of illegal drugs/substances at the Property.
7.1.4 Smoking: You will not smoke in the Property.
7.1.5 Damage: You will not carry out any action that would cause damage or deterioration of the Property.
7.1.6 Animals: You will not bring animals into the Property. This does not apply for guide dogs or medical assistance dogs.
7.1.7 Advertising: You will not display any form of sign or logo that is visible from the exterior of the Property and agree not to use the Property, its address, or location in any form of advertising or promotional material.
7.1.8 Noise & Nuisance: You will not cause excessive noise in the Property and agree to use the Property in a manner which does not cause a nuisance to other persons residing in neighbouring or nearby buildings and not to obstruct, harass, cause a nuisance to, or inconvenience any person residing, working for or on behalf of the Host, or carrying out their lawful business in the building or immediate area.
7.1.9 Property Left Behind: You will not leave any item behind in the Property at the end or sooner termination of the Occupation Agreement which is bulky or not easily portable, in which case you shall be liable to pay the pro rata equivalent if the Rental Fee until such time as the Host can remove the property and you shall also be liable for any costs incurred in removing or storing this property. If you leave any other item behind then you will be liable for any storage costs incurred in storing it and if any item is not claimed within 14 days of your departure then it shall be deemed abandoned and the Host can sell or dispose of it at his sole discretion retaining any proceeds of any sale to offset his storage and administrative costs.
7.1.10 Parties: You will not host parties or gatherings in the Property. Any substantiated complaint of a party will result in any visitors to the Property involved in the party being asked to leave and will lead to termination of the Occupation Agreement. We also reserve the right to enter the Property or have a security service or the police enter the Property in order to remove visitors, remove your belongings, change the locks to the Property or take other action as may be necessary. You will be liable for a fixed charge of £1200, and other charges if damage has occurred, if you are found to be hosting or have hosted a party.
7.1.11 Host Property: You will not damage, rearrange or remove any of the personal belongings of the Host from the Property and you shall not alter the Property in any way. You will not any parts of the property except where designated to do so.
7.1.12 Confidentiality: You will not invade the privacy of the Host nor publish or reveal anything which might allow a third party to identify the address of the Property or the identity of the Host (even if such information is already in the public domain).
7.1.13 Correspondence: You will not authorise be sent to you or receive any letters, parcels or other post (“Post” to the Property. You agree that any Post addressed to any Guests received is to be destroyed with an incurred fee of £1200
7.2 You agree to comply with the following obligations in respect of the Property:
7.2.1 Fixtures and Fittings: You will operate any appliance, fixtures and fittings provided by the Host in accordance with instructions provided and in a reasonable and careful manner. You will not operate any appliances, fixtures or fittings provided by the Host if you are unaware of how to operate them correctly, instead you should contact the Host.
7.2.2 Ventilation: You will keep the Property properly ventilated to ensure that there is no build-up of damp or moisture or of cooking smells, smoke, or grease.
7.2.3 Rubbish: You will dispose of all rubbish and waste promptly using the facilities provided, not dispose of waste or rubbish in any system not designed for this purpose, take care to avoid blocking of or damage to drains or sanitary appliances by seeking to dispose of inappropriate items or abrasive, corrosive, or hazardous substances using them.
7.2.4 Cooking: You will use the cooking facilities provided if permission is granted with reasonable care and according to the manufacturer’s instructions and with proper ventilation so as not to cause damage to the Property, building or any fixtures and fitting and so as not to cause a fire or smoke alarms to be activated. You will be held responsible for any damages.
7.2.5 Cleaning: You will keep the Property clean and tidy and will bear primary responsibility for its condition on his departure, even if the Host has supplied separate cleaning services.
7.2.6 Security: You will take care to ensure the security of the Property by taking care of access keys, tokens, or codes and not giving them to persons other than employees, contractors, agents, or representatives of the Host and not propping or holding open external doors, windows and other forms of access to the Property when you are not supervising them.
7.2.7 Health and safety: You will read any health and safety guidance which is provided to you and will comply with any instructions given to you by the Host on check-in. If you have any concerns or become aware of any health and safety risks during the Rental Period you must inform Harry Albert immediately.
7.2.8 Vacant Possession: On termination of the Occupation Agreement, you agree to provide vacant possession of the Property, removing all occupants or other persons, all possessions and rubbish from the Property, and leaving the Property and fixtures and fittings in the same good clean condition it was provided at the commencement of the Rental Period set out in the Occupation Agreement, subject to an allowance for fair wear and tear.
7.3 If there has been a breach of this Rental Agreement you will forfeit the entire Security Deposit.
WHAT HAPPENS IF I DAMAGE THE PROPERTY?
8.1 You agree to promptly report any items within the Property that require repair to us. You also agree to take action as soon as you become aware of any problem to minimise its effects and prevent it becoming worse or causing a nuisance to the occupier of any neighbouring premises.
8.2 You agree to compensate the Host for any losses he might suffer due to damage to the Property, any of its fixtures or fittings, or due to any nuisance or annoyance caused to any occupier of a neighbouring premises which occurs as a result of any failure by you to report any required repair to us or the Host promptly or to take reasonable action to minimise the effects of any issue and prevent the problem becoming more serious and you acknowledge that these losses may be greater than the Security Deposit.
8.3 If you do not report a required repair to us and it only becomes obvious after you have left the Property then the Host shall be entitled to assume that the damage has been caused by your negligence or carelessness or out of malice and charge you accordingly.
8.4 The Host may terminate the Booking at any time where you are in breach of any part of this Rental Agreement.
8.5 The Guests will not be entitled to any refunds and will forfeit any security deposits or pay any amounts agreed at the time of booking in the event the Booking is terminated under section 8.4 of this agreement.
HOW DO I MAKE A COMPLAINT?
9.1 If you have a complaint about the Booking or Property, then please contact us as soon as possible by email at email@example.com and by referring to our complaints procedure which can be found here: https://www.harryalbertgroup.co.uk/complaints
9.2 We will always try to assist with Guest complaints about a Booking where we can.
9.3 You agree to co-operate with us in resolving any issues or complaints and keep us fully informed (including informing us where you move to alternative accommodation during the Rental Period), and you acknowledge that if you do not co-operate with us this may affect our ability to help you.
9.4 You agree not to behave in an abusive, offensive or obscene manner towards the Host or any representatives of Harry Albert. In this event, your complaint shall not be upheld and you will forfeit the right to use our complaints procedure.
WHO IS RESPONSIBLE IF SOMETHING GOES WRONG?
10.1 If the Host breaches this Rental Agreement the Host shall only be liable for losses which are a reasonably foreseeable consequence of such breach, up to a maximum of the Rental Fee. Losses are foreseeable where they could be contemplated by you and the Host at the time of entering into this Rental Agreement.
10.2 Nothing in this Rental Agreement shall be deemed to exclude, restrict or limit the liability of any party for death or personal injury resulting from its negligence or any liability for fraud or fraudulent misrepresentation.
10.3 You agree that the Host will not be liable to you for or in connection with:
10.3.1 losses not caused by its breach of this Rental Agreement;
10.3.2 any consequential or incidental losses which are a side effect of the main loss or damage and are not reasonably foreseeable by you and the Host at the time of entering into this Rental Agreement, for example the loss of business, profits, opportunity, income or revenue; and/or;
10.3.3 failure to meet any of the Host’s obligations under this Rental Agreement where such failure is due to an event beyond the Host’s reasonable control, including fire, storm, flood, riot, civil disturbance, war, nuclear accident, terrorist activity and Acts of God.
10.4 You agree to compensate, defend and indemnify the Host fully against any claims or legal proceedings brought against the Host or other persons associated to the Host:
10.4.1 as a result of your breach of this Rental Agreement (such compensation to include where applicable compensation to occupiers of neighbouring premises);
10.4.2 for any damage, destruction or misuse of a Property or anything in it which is caused by you or any other guest listed on the Occupation Agreement which is beyond reasonable fair and tear (such compensation to include where applicable cleaning, repair and replacement costs as applicable); and/or
10.4.3 for any loss by you of keys for a Property.
10.5 If the Host takes legal action against you for non-payment or any other breach of this Rental Agreement and a court makes an award in our favour, you will be responsible for all costs allowable by the Courts.
WHAT ARE THE GENERAL TERMS THAT APPLY TO THIS AGREEMENT?
11.1 Changes to the Rental Agreement: We may change this Rental Agreement from time to time and shall notify you of any such updates and revisions through a message displayed on the Website and/or by other means such as email. Your continued making of Bookings shall be deemed to be your acceptance of such changes, except that if any such changes are to your detriment they shall not apply to any Bookings you have made before the changes. If you do not agree with any such changes, you may terminate your Account with the Host in accordance with the Website Terms which you can find here and cease to make Bookings.
These terms and conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by and construed in accordance with English law.
If you are a consumer you and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any claim arising from or related to your Booking. We retain the right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country.
If any part of these terms and conditions is deemed invalid, illegal or for any reason unenforceable then that part will be deemed deleted and will not affect the validity and enforceability of the remaining parts. Any failure by us to enforce our rights or remedies under these terms and conditions or otherwise shall not be construed as a waiver by us of those or any other rights or remedies.
All rights not expressly granted in these terms and conditions are reserved.
Terms of this agreement may be altered or changed with written agreement from all parties.