Terms and Conditions

The Muntham Apartments & Town House  -  Booking Terms & Conditions

 
 

1. The Contract:

The contract is for a short term holiday rental (referred to below as “stay”, “holiday” or “let”)  between Adam Millward and Grant Chapman as owners (referred to below as  “the Owner(s)” or “we”) of the Muntham Apartments and Town House (referred to below as “the property” or “accommodation”) and Clients applying to book a property referred to below  as  “guest(s)” or “you”. The names, ages and addresses of all those who will be occupying the property during the period of booking must be specified in advance of arrival.  Any contract is between the guest and the Owners, who are responsible for providing the property to the guest in the appropriate condition. The party leader must be at least 18 years of age at the time of booking.
 

2. Booking Confirmation:

Bookings are not confirmed until written confirmation has been emailed to the guest by the owner and the deposit paid. The deposit will be equal to 30% of the booking value if booked more than 30 days in advance or 100% if the booking is made less than 30 days before the arrival date. The contract of hire does not become effective until the deposit has been processed.
For guests booking via third party online travel agent sites, booking confirmations will be sent as per their terms.
 

3. Payments:

  1. For direct bookings made more than 30 days from the arrival date, deposit payments are equal to 30% of the booking value and should be paid at the time of the booking when booked online or within 24 hours of the booking if booked via the telephone.
  2. For direct bookings made less than 30 days from the arrival date, the full value of the booking is to be paid at the point of booking if made online or within 24 hours if booked via the telephone. When a telephone booking is for the same day arrival, payment must be immediate upon booking
  3. Balance payments for bookings made more than 30 days before the arrival date will be due 30 days before that arrival date. We will send reminders 3 days before the due date. If the balance has not been paid more than 24 hours after the due date, we reserve the right to cancel the booking without refund.
  4. Guests booking via third party online travel agent sites (such as Booking.com, VRBO etc) will be bound by their payment policies.

4. Cancellation:

Bookings placed before 18th February 2021 are covered under a different set of terms and conditions. A copy of these is available by emailing [email protected].
 
For bookings placed after 18th February 2021 the following terms and conditions now apply.

  1. If Government restrictions mean that guests are not permitted to travel during the period of a booking, the guest will be refunded in full. Alternatively, the guest can opt to defer their booking for up to 1 year and a travel credit will be issued for the full value of the original booking.
  2. If Government restrictions mean that we are unable to accommodate guests during the period of the booking, guests will be refunded in full. Alternatively, the guest can opt to defer their booking for up to 1 year and a travel credit will be issued for the full value of the original booking.
  3. Guests will be refunded in full if a booking has to be cancelled by us as a result of force majeure. This includes but is not limited to acts of God such as floods, drought, earthquake and other natural disasters. It also includes but is not limited to epidemics and pandemics, terrorist attacks, civil war, civil disturbance, war and preparations for war, imposition of sanctions, embargo or breaking off diplomatic relations.  It further includes but is not limited to restrictions placed on the business by local or national authorities, fire, contamination of any kind, explosion or accident, non performance by our suppliers or contractors as well as the failure of utility services.
  4. If the guest (or any member of their party) is unable to travel or disinclined to travel to stay at the property and have declined to take out travel insurance or declined Booking Protect Refund Protection (which we offer at the point of booking), then they accept responsibility for any loss incurred due to their cancellation.  This includes but is not limited to circumstances such as illness, self isolating, quarantine, jury service, military service, incarceration, change in personal work circumstances, family emergencies, travel delays, vehicle breakdown and public transport delays.
  5. Cancellation may be notified to us by phone but must be confirmed in an email. Once we have received the request in writing we will confirm the cancellation request.
  6. Cancellation Fees. For any booking cancelled 30 days or more than 30 days before the due arrival date, the cancellation fee is 30% of the full booking total. For cancellations made with less than 30 days before the due arrival date, the cancellation fee is 100% of the full booking total.
  7. We strongly recommend that guests take out travel insurance or opt in to Booking Protect Refund Protection which is offered at the point of booking on our booking system. Full details can be found on our booking system or by emailing us.
  8. Guests who book through third party online travel sites are bound by their cancellation terms and in the event of a need to cancel will need to inform them in the first instance.

 

5.  Arrival & Departure Times/Key Collection:

Check in time commences from 3.00pm onwards until 8pm and guests must depart by10.00am on the day of departure. Guests are requested to let us have estimated arrival times in advance of arrival day and to have updates on arrival day to ensure we are able to be in attendance upon guest arrival to hand over keys. Later check in times are by prior arrangement only and are not guaranteed.
 

6. Lost Keys:

A charge of £120 will be made for replacement of lost keys.
 

7. Special Requests:

Guests who have special requirements are asked to make us aware of them at the time of booking and in writing to ensure that we can address them or make an honest assessment of the suitability of the accommodation.
 

8. Pets:

Pets can be accommodated in any of the Muntham accommodation. There is a fee for bringing pets. The owners must be notified in advance if guests are intending to bring their pet. Pets are not allowed in the bedrooms and should never be left unattended in the property. Guests must ensure dogs are kept on a lead in the public areas of the property. Guests are responsible for their pets and if they cause annoyance or danger to other guests the booking will be terminated without notice or refund. Guests are fully liable for any damage caused by their animal. Guests must ensure that any pet hair is removed from any carpet or furnishings before they depart.
 

9. Linen:

Bed Linen is included in the price of the booking and beds will be made up on arrival. Towels (not beach towels) are included. Bedding changes will be made for stays over 7 nights.
 

10. WIFI & Utilities:

All electric, water and central heating costs are included in the price of the booking. WIFI is provided for guests’ reasonable use. The guest agrees to reasonable and lawful usage of the service. As it is provided by a third party, we cannot be held responsible for any loss in service.

11. Smoking:

All of the accommodation is strictly non-smoking. Any additional cleaning or damage charges incurred as a result of smoking in a property will be invoiced to guests as per “Damage to Property” below. Charges will also be made in the event the property is unable to be re-let. Smoking is permitted in the grounds of the building. Please note that no candles or items with naked flames are permitted in the accommodation.
 

14.  Parking and electric vehicle charging:

One parking space per accommodation is allocated in the car park. (two spaces for the town house guests) Guests park entirely at their own risk. Additional, unrestricted on street parking is available immediately outside the property.
We have two specific EV charging points at the property. Guests with electric vehicles must use these for charging their vehicle batteries. Guests must not use extension leads to charge their vehicles from sockets at the property. This invalidates our insurance and can cause property damage, injury and potentially death. Guests will be fully liable for any such occurrence and may be asked to leave without refund if they attempt to charge their car in this way.
 

15.  Damage to Property:

Guests are fully liable for the full cost of any damage caused to or within the property during the let. This includes repair replacement or costs of additional cleaning.
 

16. Right of Entry to the Property:

We shall be allowed the right of entry to the property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance.
 

17. During the period of Hire:

During the period of the hire of the property guests agree the following
 (a) To pay for any losses or damage to the property however caused (reasonable wear and tear excepted).
(b) To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy.
(c) To permit the Owners, their Representative and the Agents reasonable access to the property.
(d) Not to part with possession of the property or share it except with members of the party as listed prior to arrival. In no circumstances may the number of people exceed the stipulated description. A cot may only be occupied by a child aged 24 months or less.
(e) Not to cause an annoyance or become a nuisance to occupants of adjoining premises or the owners.
 (f) Not to use the property for any commercial purposes, gatherings or parties.
(g) Not to use the property for any noisy, dangerous, offensive, noxious or immoral activities.
 
In the event of breach of these terms and conditions the guests may be required to leave the property during the period of the booking without compensation.
The agreement to stay in the property for the holiday period does not create the relationship of landlord and tenant between the parties. Guests will not be entitled to any statutory protection under the Housing Act 1988 or other statutory security of tenure at the point of booking, staying at the property or at the end of the stay.
 

18. Size & Party:

The maximum number of people allowed to occupy the property is stipulated in the booking confirmation
 
The Guests’ right to occupy the property may be forfeited without compensation, or an additional charged levied, if: (a) more people or guests than specified on the Booking Form and/or the number the Property holds, attempt to take up occupation; (b) Overnight guests are entertained without the Owner’s express permission; (c) Any activity is undertaken which may cause unreasonable damage, noise or disturbance.
 
 

19. Liability:

The owners do not accept liability for any act, neglect or default on the part of any person not within their employ, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property, which the guests or anyone connected with the letting may incur. The owners reserve the right to provide alternative accommodation/s or cancel owing to unforeseen circumstances beyond our control. If for any reason beyond the Owner’s control the property is not available on the date booked (owing to fire damage for example) or the owners deem the property as unsuitable for holiday letting, all rent and charges paid in advance by the guests will be refunded in full, but the guests shall have no further claim against the Owners or Agents. Disclaimer: All properties are used at your own risk. Parents should ensure that their children are properly supervised in such areas at all times.
 

20.  Authority to Sign:

The person making the booking certifies that he or she is authorised to agree the Terms and Conditions on behalf of all persons included in the party, including those substituted or included at a later date. He or she agrees to take responsibility for the party occupying the property.
 

21. Governing Law & Jurisdiction:

The contract is deemed to have been made at The Muntham Apartments, Barrington Road Torquay TQ1 1SG. The validity, construction and performance of this Agreement shall be governed by English Law. The Tenants submit to the exclusive jurisdiction of the English courts.
 

22. Complaints:

All complaints must be notified to the Owner or their Representative immediately to ensure sufficient time is given to investigate and/or take the necessary remedial action. For the avoidance of any doubt any problems which are apparent to you upon arrival at the property must be notified within 24 hours of arrival. Compensation will not be offered where the guests have denied the Agents, the Owners or their Representative the opportunity to rectify matters during the stay.
 

23. Town House Hot Tub

Guests who book the hot tub as part of their stay at The Town House at Muntham will be required to accept a separate set of terms and conditions governing the safe use of the equipment. The hot tub is an optional extra and there is a 15% surcharge for its use. The option can be added up to 48 hours before arrival. Once it has been selected it cannot be cancelled. If guests have opted in to Booking Protect, the hot tub option would need to be added before the balance is paid.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Muntham Apartments and Town House  - Terms and Conditions

 
 

Parties:

Adam Millward and Grant Chapman are the owners of the property referred to below as  “the Owners”. Clients applying to book a property are referred to as “the Tenants.” The names of all those who will be occupying the property during the period of booking must be specified on the “Booking Form or the check in form”. Any contract is between the Tenants and the Owners, who are responsible for providing the property to the Tenant in the appropriate condition. The names and addresses of the Owners can be provided on request. Owners may employ a caretaker or property manager to maintain the property, “the Representative”. The names of the “Representative” can be provided on request where applicable.
 

Booking Confirmation:

Bookings are not confirmed until written confirmation has been sent to the Tenant by the Agent and the deposit paid.
 

Payments:

If a direct booking is made with the agent it must be accompanied by a deposit equal to 30% of the rent. If a booking is made less than 30 days before the start of the holiday, the full rent must be paid at the time of booking. Once the booking is accepted in writing by the Agents, the Tenants are liable for the balance of the payment of rent, plus any additional charges 30 days before the start of the tenancy. All payments are non-refundable. Any changes in the rate will be adjusted on arrival. Payment may be made by bank transfer, debit or credit card or cash by registered post. Any charges raised against the Agents by their bank for handling any form of payment, or charges for dishonoured cheques, or charges for overseas transfers, will be passed onto the Tenants who are liable to reimburse the Agents within 7 days of notification of same. Bookings made via third party online travel agents such as Late Rooms or Booking.com are subject to their terms and conditions with regards payments.
 

Amendments:

Alterations to confirmed bookings may be subject to a £25 administration charge.
 

Cancellation:

Once the owners have sent confirmation of your booking the balance is due 30 days prior to arrival. Should you cancel your booking after this period the balance will still be due though if we rebook the property we may be able to refund part or all of your balance. For the purposes of cancellation we shall take 3pm as the time of arrival for the booking. For bookings made through third party online booking agents, their cancellation terms and conditions will apply. 
Special terms regarding Covid 19: Should there be a return to a general lockdown or the reimposition of travel restrictions by the Government we will allow deferral of bookings by up to 12 months or cancellation with refund as we have done in the first lockdown. In the absence of a general lockdown/ general travel restrictions our normal terms will apply and we strongly recommend taking our Booking protect Refund Protection which will specifically cover Covid 19 illness from the person travelling or a close family member.

 

Arrival & Departure Times/Key Collection:

Check in time commences from 3.00pm onwards until 8pm and the tenancy ends at 10.00am on the day of departure. We ask that keys to the apartment are left on the Living Room coffee table. It’s requested that estimated arrival times are confirmed at least 24 hours before arrival and arrangements for the tenant to be met for key collection will be confirmed then. Unless previously agreed in writing, a late check out fee of £25 may apply if departure takes place after 10.am
 

Lost Keys:

A charge of £120 will be made for replacement of lost keys.
 

Special Requests:

Guests who have special requirements are asked to make us aware of them at the time of booking to ensure that we can address them or make an honest assessment of the suitability of the accommodation.
 

Pets:

We are happy to accommodate pets in the ground floor apartments or in “The Town house”. Pets are not allowed in the bedrooms and should never be left unattended in the apartments. Tenants are responsible for their pets and if they cause annoyance or danger to other guests the tenancy will be terminated without notice or refund. Tenants are fully liable for any damage caused by their animal.
 

Linen:

Bed Linen is included in the price, and beds will be made up on arrival. Towels (not beach towels) are included. Bedding changes will be made for stays over 7 nights.
 

Utility costs:

All water and central heating costs are included in the price.

Smoking:

All of the apartments are strictly non-smoking. Any additional cleaning or damage charges incurred as a result of smoking in a property will be invoiced to you as per “Damage to Property” below. Charges will also be made in the event the property is unable to be re-let. Smoking is permitted in the grounds of the building. Please note that no candles or items with naked flames are permitted in the apartment.
 

Parking:

One parking space per apartment is allocated in the car park.

Condition of Property / Inventory:

Before you arrive your property will have been cleaned and the inventory checked. Discrepancies and any damage found should be reported within 24 hours of arrival to the Owners or their Representative, the inventory will otherwise be deemed to be correct. Losses, damage or any cleaning necessary over and above normal servicing, will be invoiced to you on or as soon after departure as possible. By accepting our terms and conditions you explicitly authorise us to deduct payment for these from your credit card or debit card.
 

Brochure Descriptions:

The Agents reserve the right to amend prices quoted in the brochure, due to errors or omissions, or changes in fuel or tax rates. Photographs of the interiors of properties are representative only and interiors may vary. Changes to external premises or facilities described in the brochure or changes to availability of properties are outside of our control and cannot be relied upon absolutely. The Agents and Owners take no responsibility for noise or nuisance resulting from third party activity over which they have no control. Tenants are responsible for ensuring the property is suitable for their needs prior to booking.
 

Damage to Property:

The Tenant is liable for the full cost of any damage caused to or within the property during the letting. By accepting these terms and conditions you agree to us taking payment for any damages from your Credit or Debit Card up to the value of £500. The Tenant acknowledges that this does not limit their liability for damages in excess of this amount. The cost of any damage will be invoiced to the Tenant on or as soon after departure as possible by the Agent, the Owner or their Representative.
 

The Tenancy:

The Tenancy confers upon the Tenants the right to occupy for a holiday within the meaning of schedule 1, Paragraph 9 of the Housing Act 1988. The Tenants agree: (a) To pay for any losses or damage to the property however caused (reasonable wear and tear excepted). (b) To take good care of the property and leave it in a clean and tidy condition at the end of the tenancy. (c) To permit the Owners, their Representative and the Agents reasonable access to the property. (d) Not to part with possession of the property or share it except with members of the party as shown on the booking form. In no circumstances may the number of people exceed the stipulated description. A cot may only be occupied by a child aged 24 months or less. (e) Not to cause an annoyance or become a nuisance to occupants of adjoining premises. (f) Not to use the property for any commercial purposes. In the event of breach of these terms and conditions the Tenants may be required to leave the property during the period of the booking without compensation. (g) Where additional facilities such as a telephone or broadband are provided the Tenants agree not to make unreasonable use of these facilities. Tenants agree that where use is deemed as unreasonable by the Agents, the Owner or the Representative, this will be invoiced to them on departure as per “Damage to Property” above.

Size & Party:

The maximum number of people allowed to occupy the property is two unless specific permission is given by the owners. The Tenants’ right to occupy the property may be forfeited without compensation, or an additional charged levied, if: (a) more people or guests than specified on the Booking Form and/or the number the Property holds, attempt to take up occupation; (b) Overnight guests are entertained without the Owner’s express permission; (c) Any activity is undertaken which may cause unreasonable damage, noise or disturbance.
 

Liability:

The owners do not accept liability for any act, neglect or default on the part of any person not within their employ, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property, which the Tenants or anyone connected with the letting may incur. The Agents reserve the right to provide alternative accommodation/s or cancel owing to unforeseen circumstances beyond our control. If for any reason beyond the Owner’s control the property is not available on the date booked (owing to fire damage for example) or the Agents deem the property as unsuitable for holiday letting, all rent and charges paid in advance by the Tenants will be refunded in full, but the Tenants shall have no further claim against the Owners or Agents. Disclaimer: All properties are used at your own risk. Special care must be taken by Tenants at properties where there is a swimming pool, balcony or elevated terrace which are used at your own risk. Parents should ensure that their children are supervised in such areas at all times.
 

Authority to Sign:

The person making the booking certifies that he or she is authorised to agree the Terms and Conditions on behalf of all persons included in the party, including those substituted or included at a later date. He or she agrees to take responsibility for the party occupying the property.
 

Governing Law & Jurisdiction:

The contract is deemed to have been made at The Muntham Apartments, Barrington Road Torquay TQ1 1SG. The validity, construction and performance of this Agreement shall be governed by English Law. The Tenants submit to the exclusive jurisdiction of the English courts.
 

Complaints:

All complaints must be notified to the Owner or their Representative immediately to ensure sufficient time is given to investigate and/or take the necessary remedial action. For the avoidance of any doubt any problems which are apparent to you upon arrival at the property must be notified within 24 hours of arrival. Compensation will not be offered where the Tenants have denied the Agents, the Owners or their Representative the opportunity to rectify matters during the stay.