Churchfield Holiday Lettings act only as an agent for the owner and in no other capacity; All letting contracts are between the Owner and the Hirer on the basis of the Booking Form applicable at the time plus the Terms & Conditions of Hiring and Cancellation as set out in the current Churchfield Holiday Letting website.
1. Churchfield Holiday Lettings Responsibilities
1.1 Churchfield Holiday Lettings will prepare details, photographs and descriptions of the property for entry into its brochure and website. Written descriptions will be submitted to the Owner for accuracy and approval. The description will make hirers aware of any unusual potential dangers at the property.
1.2 Churchfield Holiday Lettings will defend any claim brought by a Hirer/Visitor arising from any misstatement or misrepresentation by Churchfield Holiday Lettings employees.
1.3 No later than September each year Churchfield Holiday Lettings will submit to the Owner suggested rents and advise the Owner of any change in commission rate(s) and renewal fees.
1.4 Churchfield Holiday Lettings will advertise in publications or other media, selected at its sole discretion and use its best endeavours to let the property within the agreed period of availability.
1.5 Churchfield Holiday Lettings will advise the Landlord in writing of any lets/Hirer details as they arise (plus email, if available) within seven days of confirmation. Churchfield Holiday Lettings reserves the right to notify late bookings to the Landlord by telephone.
1.6 Once final or full payment is received Churchfield Holiday Lettings will pay the Landlord all monies received for the hire of the property less commission, expenses, hire charges and any refund. Usual trading terms of Churchfield Holiday Lettings are for this payment to be made monthly within 7 working days of the end of the month. Deposits paid in advance by hirers will be retained in a separate account and remain there until payment is due.
2. Termination of agreement by Churchfield Holiday Lettings
2.1 If the property is put up for sale, or for any other reasonable and substantial reason, Churchfield Holiday Lettings retains the right to end this contract. The owner agrees to return to Churchfield Holiday Lettings any prepaid rent.
2.2 Churchfield Holiday Lettings may terminate this Agreement at any time for any reason, reasonable and substantial, by giving 30 days notice, in writing to the Landlord. For fulfilled contracts Churchfield Holiday Lettings will pay to the Landlord all monies received from Hirers, less its commission, hire charges, expenses and any refunds, but may retain reasonable monies to cover any costs that may be associated with any dispute between the Landlord and any Hirer. The Landlord agrees to return to Churchfield Holiday Lettings any rent received for contracts not fulfilled.
2.3 Churchfield Holiday Lettings may terminate this Agreement forthwith at any time if the Landlord commits a material breach of the terms of his/her Responsibilities and fails to rectify such breach within 5 days (or as quickly as is reasonably possible using all reasonable endeavours to do so) of notification of such breach by Churchfield Holiday Lettings.
3. AUTHORIZATION
3.1 I authorize Churchfield Holiday Lettings to act as my agent and to obtain holiday lets for the property.
3.2 I agree to make my property available for a minimum of 13 weeks between April and October.
3.3 If I wish to occupy the property privately, I will contact Churchfield Holiday Lettings to check availability and confirm in writing or by email. I agree that any prior Churchfield Holiday Lettings bookings, even if unconfirmed, must have priority over such private occupation. Landlord Bookings will be confirmed in the normal way.
3.4 I confirm that the facilities as advertised in the applicable Churchfield Holiday Lettings website entry and brochure will be available to every Hirer.
3.5 I confirm that the property, its furniture, fixtures and fittings: (a) will comply in all respects of the law, are safe and are in full working order, to the best of my knowledge and belief. I will permit/arrange for any examination required by law by appropriately qualified persons to be at my sole expense and as soon as possible to carry out any alteration/repair required by them at my sole expense and in any event prior to further letting. (b) will be examined thoroughly prior to the first letting; I will repair/redecorate/replace prior to the first letting as per check-list provided to me by Churchfield Holiday Lettings and subsequently as per the annual inspection check-list. (c) will be regularly monitored and maintained in excellent condition and where appropriate be repaired or replaced during the letting period. (d) If unavailable, in urgent cases, I authorize Churchfield Holiday Lettings to incur expenses without my prior approval and that such expenses may be deducted from any monies owed to me from any letting of the property.
3.6 (a) I undertake to be responsible for cleaning the property to a high standard at the end of each let and to maintain the satisfactory condition of the property. (b) Churchfield Holiday Letting may assist in the appointment of a Housekeeper, however in this circumstance the Housekeeper is contracted to the Owner and standards of cleaning and property condition remain the responsibility of the Landlord.
3.7 I agree and understand that while Churchfield Holiday Lettings will take reasonable care in arranging the letting, Churchfield Holiday Lettings will not be responsible for any damage or loss at the property caused by Hirers or their guests.
3.8 I agree to maintain Occupiers and Public Liability Insurance appropriate to the size of the property subject to a minimum of £2 million cover. Churchfield Holiday Lettings acts only as agents and the Owner therefore indemnifies Churchfield Holiday Lettings from any claim whatsoever, whether by neglect or default of the Landlord or otherwise, including legal fees, including any claim arising from any failure to comply with the terms of Part 3 above, unless such claim arises as a result of the negligence or default of Churchfield Holiday Lettings in which event this clause shall not take effect.
3.9 In the case of a complaint from a Hirer, relating to any of the above, Churchfield Holiday Lettings will request that it be put in writing, will investigate/discuss the matter with the Housekeeper and Landlord and pay any refund to the Hirer. Churchfield Holiday Lettings is authorized at its sole discretion to make a refund to the Hirer if in its opinion it is reasonable and justified by the circumstances. Such refunds will be charged to the Landlords Account.
3.10 I agree to take sole responsibility for any claims by any Hirer relating to performance of or/satisfaction with the property, furniture, fixtures, fittings and cleaning and for defending any legal action on these matters taken by the Hirer in respect of these matters.
3.11 If I wish to terminate from this agreement I agree to: (a) Telephone Churchfield Holiday Lettings and immediately follow this call with written notification by Recorded Delivery. (b) Honour all Churchfield Holiday Lettings bookings already in existence prior to notice of withdrawal.
3.12 In the event of my termination of this Agreement (or where Churchfield Holiday Lettings terminates the Agreement, see 2 previously) I agree to pay Churchfield Holiday Lettings any final outstanding balance on my account.