HOLIDAY HOME HIRE AGREEMENT
Wandar Limited (t/a Wandar Holidays)
THESE TERMS AND CONDITIONS APPLY TO THE CONTRACT BETWEEN WANDAR LIMITED, WHO
HAS ITS REGISTERED OFFICE AT FIRST FLOOR, 85 GREAT PORTLAND ST, LONDON, UNITED
KINGDOM, W1W 7LT AND YOU FOR THE HIRE OF HOLIDAY HOME ACCOMMODATION (herein
referred to as the Property)
IT IS AGREED AS FOLLOWS:
Upon booking with us you are deemed to have read in full and accepted the following Terms
and Conditions.
Identification must be given before check-in in the form of a valid passport or driving license.
- THE ACCOMMODATION
1.1 We shall provide and you shall hire the Property for the Hire Period, at the Agreed Price and
upon the terms of this Agreement.
1.2 We shall additionally provide:
(a) routine maintenance services as are required to keep the house in good and working
condition;
(b) Clean and fresh bed linen and towels, and
(c) Furniture and Appliances.
1.3 We give you the right (in common with us and all others authorised by us) to use the Property for
the Hire Period. This right shall expire at the end of the Hire Period (subject to any earlier
termination under this Agreement) or the expiry of any period of extension of the Hire Period.
1.4 You acknowledge that this Agreement does not give rise to an assured shorthold tenancy or
lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction
Act 1977.
1.5 For bookings relating to homes or properties that we do not own or operate, we act as an
introductory agent only for our principal. In this case, you acknowledge that your agreement to hire
accommodation is with our principal and we act as the principal’s agent only. You agree to indemnify
us and keep us indemnified on demand for all claims, liabilities, losses, costs and expenses
(including legal fees) incurred or suffered in connection with any contract or prospective contract
between you and the principal which shall be made available to you on request.
Services
We cannot be held responsible for failure or interruption of services within or outside of the Property
or development building – this includes utilities, appliances and communications (Washing Machine,
Tumble Dryer, Dishwasher, Television, Broadband, Wi-Fi, Electricity, Water, and Heating).
We cannot be held responsible for inconveniences such as noise, access or supply of services
caused by engineering or repair works within or in another part of the property.
If there is an interruption to any services, once we receive notification, we will use all reasonable
efforts to rectify the issue within a reasonable period. Facilities and services in common areas within
the building (i.e. lift, door system) are the responsibility of the building managers and not us.
We reserve the right to add or remove any of its services without prior notice.
We endeavour to have each house cleaned and ready for new guests by the check-in time, however
on rare occasions and in the event of staff shortage there may be a delay in cleaning. In the event of
this, guests will be given access to the Property from the check-in time and the Property will be
cleaned as soon as possible. No compensation will be given for this.
Broadband
Wireless broadband (Wi-Fi) is available in all property locations and is provided free of charge. We
cannot guarantee connectivity at any given time, however, we endeavour to maintain the hardware
and connection within all properties. If there is a fault with the hardware provided (wireless router)
we will give support and maintenance. If the fault is deemed to be with the guests’ hardware/devices,
support will not be available. If the Broadband key/fob code is removed, taken, or lost upon checkout
you will be charged £25 for a replacement.
Extra Beds
A travel cot can be provided and delivered to the property at an extra cost (agreed at the time of
booking). This must be booked at least 48 hours before arrival. We cannot guarantee availability at
short notice and cots can only be delivered within office hours (9 am-5 pm Monday-Friday).
Extra Linen
Extra bed linen can be provided for £25.00 per set. Extra towels can be provided for £15.00 per set.
Extra linen must be ordered within office hours (9 am-5 pm Monday-Friday) and can only be
delivered within these hours.
Maid Service
Fortnightly maid service is provided for stays of 2 weeks or more. This service includes cleaning the
property and refreshing the bed linen and towels.
Emergency Call Outs
The emergency number is provided to give guests a direct line to a maintenance manager out of
office hours. This number is only to be used for emergencies (Flood, Fire, Power Cut, and Lost
Keys). If the number is used for any non-emergency reason, we reserve the right to charge the
guest a call-out fee of £150.00.
Luggage & Mail Storage
We do not provide any storage facilities for luggage or personal belongings, including post or
packages. We cannot under any circumstances accept any of these items. We do not provide keys
to the property post boxes, the post boxes are checked regularly and if requested, the post will be
delivered to the property, otherwise, it is returned. There is no mail forwarding service if the guest
has checked out already. - BOOKING AND PAYMENT
2.1 At the outset you must provide us with sufficient information to conclude a Booking. We reserve
the right to reject any Booking.
2.2 Any special requests relating to the hire of the house should be notified before Booking. We will
use reasonable endeavours to accommodate any special requests and special requests may incur
Additional Charges.
2.3 Payment of the Agreed Price is due within 24 hours of booking unless otherwise agreed. Where
you default on payment, we may terminate this Agreement immediately upon notice to you.
2.4 Where you pay via credit or debit card, a surcharge will be added to the Agreed Price which you
will be responsible for paying. The amount of the surcharge will be specified in the Booking. We may
also accept payments via cheque or bank transfer.
2.5 All payments due are exclusive of VAT, which will be charged to you at the prevailing rate where
applicable.
2.6 Unless otherwise agreed in writing, for every full or part day the Property has not been returned
beyond the agreed date of return, we may charge a full day’s hire at current hire rates for each part
or full day the Property is not returned to us. Payment of any such further charges shall be made
upon demand and you authorise us to take such further charges from any credit or debit card used
to make the Booking.
2.7 You shall not have any right of set-off against, deduction, counterclaim, or withholding of any
amounts payable by you under this Agreement.
2.8 You shall pay on demand default interest charges (both before and after any judgment) on any
sum payable by you to us under this Agreement and not received by the due date at the annual rate
of 5 percent above the Bank of England base rate in force at the time calculated daily and
compounded monthly from the due date for payment until payment is received by us in cleared
funds.
2.9 Payment for Extensions is due before the cancellation notice period.
2.10 Your payment card will be pre-authorized or debited once the cancellation deadline has passed. - CANCELLATIONS
3.1 Any Booking cancellations must be notified to us in writing or via email.
3.2 Where you give notice of cancellation at least 30 days before the commencement of the Hire
Period, no cancellation charge shall apply.
3.3 Where you give less than 30 days’ notice of cancellation, we may charge a cancellation fee
equivalent to the Agreed Price.
3.4 The Property’s weekly rental shall be determined by reference to the Agreed Price and the
Booking.
3.5 Where you fail to arrive and check-in to the Property as agreed we will charge the cancellation
fee referred to in this clause 3.
3.6 Where we act as agent for a preferred supplier their terms and conditions may differ from our
own. The specific cancellation policy should be requested at the time of booking and will be stated
on the confirmation.
3.7 Credit card surcharges are non-refundable. - ARRIVAL AND DEPARTURE
4.1 You may check-in to the property from 1530HRS onwards on the first day of the Hire Period,
unless agreed otherwise with us.
4.2 You must check out of the property by 11:00 am on the last day of the Hire Period. Failure to do
so may result in further charges under clause 2.6 above.
4.3 Earlier check-in or later check-out is subject to availability and may incur Additional Charges.
4.4 We will provide you with more specific instructions relating to check-in (including key collection)
before the commencement of the Hire Period; and check-out instructions (including key return) upon
your arrival at the Property - YOUR OBLIGATIONS
5.1 You shall throughout the Hire Period:
5.1.1 use the property as private residential accommodation only;
5.1.2 ensure that the number of persons using the Property does not exceed the maximum
number of people allowed, notified to you upon Booking and based upon the number of bed
places in the Property and the number that you have paid for in your booking.
5.1.3 keep the Property at all times in good repair, condition and in a clean and tidy state;
5.1.4 not repair or attempt to repair or carry out work to the Property or allow any third party to
do so unless instructed so to do by us in writing;
5.1.5 notify us immediately upon causing or becoming aware of any damage to the property or
its contents;
5.1.6 not allow any pets or animals to enter the property( unless declared and paid for as part
of booking the property).
5.1.7 not smoke in the property and common areas;
5.1.8 not cause (or invite anyone into the property who causes) a nuisance or disruption to
occupiers of nearby premises;
5.1.9 not behave in an abusive or threatening manner toward our staff;
5.1.10 not remove any Furniture and Appliances or other items from the Property without our
prior consent;
5.1.11 return the property to us at the end of the Hire Period or upon the earlier termination of
this Agreement under the terms of this Agreement and good repair, condition and in a clean
and tidy state; and
5.1.12 indemnify us and keep us indemnified on demand for all claims, liabilities, losses, costs
and expenses (including legal fees) incurred or suffered by us (except any incurred as a result
of our default) in connection with this Agreement or connection with any use or misuse of the
property, except for personal injury or death caused by our negligence.
5.1.13 not move any furniture within the property.
5.2 You agree to give us or our authorised representative permission at all reasonable times to enter
the property to inspect the condition of the Property.
5.3 If you default in any of your obligations under this Agreement, we may terminate this Agreement
immediately upon notice to you. - SECURITY DEPOSIT
6.1 Please ensure that you inspect the Property immediately upon check-in and arrival. Unless we
receive notification otherwise within 12 hours of check-in and arrival, we will be entitled to assume
that you have fully accepted that the condition of the property is as per the Inventory and Condition
Report (or, if there is no Inventory and Condition Report, is in good repair, condition and a clean and
tidy state) and you will waive any right to claim otherwise.
6.2 Risk of damage to the property and Furniture and Appliances will pass to you on check-in and
arrival and shall remain with you until the Hire Period has expired or the Property is returned to us
per the terms of this Agreement. You shall make good to us all loss or damage whatsoever of or to
the property occurring during or arising from the Hire Period and all reasonable loss of rental
resulting from such loss or damage. However, you shall not be liable for loss or damage caused by
fair wear and tear only.
6.3 A security deposit to cover your obligations under clause 6 may be taken at or before arrival and
check-in to the Property. This may be in the form of a payment or an authorisation to deduct
payment from your debit or credit card used to make the Booking. Any security deposit paid will be
returned to you in full (or any payment authorisation canceled) upon the Property being returned to
us under the terms of this Agreement. Where you are liable for loss or damage under clause 6.2
above we may withhold some or all of your deposit to cover our loss and damage and our
administration fees associated with repairing the Property (refer to Additional Charges for details of
such administration fe - ADDITIONAL CHARGES
7.1 Additional Charges which may be payable include those items specified in the Booking or
detailed in this clause.
7.2 In the case of Additional Charges becoming payable, you hereby authorise us to take all
additional payments from the credit or debit card used to make the Booking. If no credit or debit card
was used in the Booking you must pay Additional Charges by another acceptable means.
7.3 The property should be left in a reasonable state on departure, if (at our absolute discretion) we
consider additional specialist cleaning is required (for example carpet cleaning to remove a stain),
we will charge an additional fee of £150.00. When the duration of the booking is more than 28 days,
a discretionary final cleaning charge of up to £150 may be charged if a Property is deemed unfit for
occupation, you will be obliged to pay compensation to us for loss of revenues in addition to the
costs of cleaning and repair.
7.4 We reserve the right to charge £250 (in addition to the general cleaning charges) for specialist
cleaning to a Property and/or its contents where it is left in an exceptionally bad condition or if we
believe smoking has taken place in the Property.
7.5 Damages: Damages to the property or contents must be paid in full by you. In the event of any
breakages or damage discovered whilst your stay or after you vacate, we will notify you by e-mail or
telephone immediately or within 10 days of your Departure, providing a detailed breakdown of the
damage and where is possible a cost of rectification. Where possible, photographic evidence will
also be supplied. It is your responsibility to check all items and that there is no damage to these
items. Condition reports can also be provided at the beginning and the end of the accommodation
period if requested.
7.6 Lost, damaged, or non returned parking permits will be charged at £50 each.
7.7 Lost, damaged or non returned keys will be charged at £50 per set.
7.8 Lost, damaged or non returned electronic parking fobs will be charged at £100 per fob.
7.9 Lost, damaged or non returned door sensor fobs will be charged at £100 per fob. - EXTENSIONS AND CHANGES
8.1 Should you wish to extend the Hire Period a request must be submitted to us and we may at our
discretion and subject to availability, grant such request
8.2 In the case of an extension under clause 8.1, you authorise us to take all additional payments
from the credit or debit card used to make the Booking. If no credit or debit card was used in the
Booking you must pay by another acceptable means.
8.3 Where the Property specified in the Booking becomes unavailable before the commencement of
the Hire Period, we may relocate you to a property of similar type and standard in a similar location.
Where such alternative Property is priced lower than the Property specified in the Booking, the
agreed price shall be reduced accordingly. Where such alternative Property is priced higher, the
agreed price shall remain the same. - INSURANCE AND LIABILITY
9.1 We shall have no liability whatsoever (whether for breach of contract, tort (including but not
limited to negligence) or breach of statutory duty) for any loss of profit, loss of or damage to goodwill,
increased costs, loss of anticipated savings, loss of business, loss of reputation, theft of, loss of or
damage to your property and any special, indirect, or consequential losses or damages, and in any
event, our total aggregate liability for all losses or damages suffered or incurred by you (whether
arising through breach of contract, tort (including but not limited to negligence) or any breach of
statutory duty) shall not exceed the aggregate Agreed Price paid by you.
9.2 You shall be solely responsible for and hold us fully indemnified against all claims, demands,
liabilities, losses, damages, proceedings, costs, and expenses suffered or incurred by us as a result
of any breach or default on the part of you, your employees, or agents in the discharge of your
obligations under this Agreement.
9.3 You have selected the property as being fit and suitable for your needs. We make no warranty or
representation as to the suitability or fitness for purpose of the Property and exclude all liability in
this regard. You further acknowledge that, although content on the Website, including any
photographs, drawings, or plans of the property, is published in good faith, we do not warrant that
any of the content accurately or completely describes the property. Actual property size, design,
fixtures, furnishings, and facilities may vary.
9.4 We do not exclude liability for death or personal injury caused by our negligence or for fraudulent
misrepresentation. - COMPLAINTS
We aim to provide a quality service. If, however, you wish to raise anything you are not satisfied
with, please contact us on the contact details provided with your booking confirmation. We will try to
do our best to solve any problems that arise. - SMOKING
Smoking is not permitted in the Property or the internal communal areas of the Property. A
surcharge of £250 will be made if evidence of smoking is discovered on the Property. - TERMINATION
12.1 We may terminate this Agreement immediately by giving written notice to you if:
12.1.1 you commit any material or persistent breach of this Agreement and, if the breach is
capable of remedy, fail to remedy it within 24 hours after being notified of the breach provided
that, if such breach is a repeated breach then no time to remedy need be given; or
12.1.2 you shall do or allow to be done any act or omission which in our opinion may jeopardise
our rights in the property or any part thereof, or if you abandon the property; or
12.1.3 any sum payable by you under this Agreement is not received by us on the due date for
such payment and such non-payment is not remedied within 2 working days of you being given
written notice by us to that effect.
12.2 Upon expiry or termination of this Agreement for any reason whatsoever you shall:
12.2.1 pay to us any Agreed Price in arrears and all other money due under this Agreement;
12.2.2 return the Property to us in good repair, condition and a clean and tidy state; and
12.2.3 indemnify us against all reasonable costs incurred by us as a result of any failure to
comply with such return conditions (as provided in Clause 5).
12.3 Any of our rights arising before the termination of this Agreement (howsoever arising) shall
remain in force notwithstanding such termination.
12.4 We reserve the right to recover the property from you if you default in surrendering the Property
back to us. You shall indemnify us and keep us indemnified against all costs, losses and expenses
(including legal expenses) incurred in retaking possession of the Property. - GENERAL
13.1 Force Majeure
No party will be liable to the other for any delay or non-performance of its obligations under this
Agreement arising from any cause or causes beyond its reasonable control including, without
limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil
commotion.
13.2 Waiver
An omission by a party to exercise, or a delay in exercising, any right or remedy under this
Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or
remedies which that party may otherwise have and no single or partial exercise of any right or
remedy under this Agreement shall prevent any further exercise of the right or remedy or the
exercise of any other right or remedy.
Any waiver of a breach of any of the terms of this Agreement or any default under this
Agreement shall not be deemed a waiver of any subsequent breach or default and shall not
affect the other terms of this Agreement.
13.3 Entire Agreement
Each party acknowledges that this Agreement constitutes the entire agreement and
understanding between the parties concerning the subject matter of this Agreement and
supersedes all prior discussions, understandings and agreement between the parties and their
agents except for such variations as shall be agreed in writing by us and you.
Each party also agrees that in entering into this Agreement, it is not relying on any statements,
warranties or representations given or made (whether negligently or innocently and whether
express or implied), or any acts or omissions by or on the part of any other party concerning the
subject matter of this Agreement (except those expressly set out in this Agreement) and it
undertakes not to enforce or pursue any rights or remedies concerning such subject ma
otherwise than under this Agreement and hereby waives and releases the other party in
respect thereof.
13.4 Assignability
This Agreement is personal to the parties.
We may assign our right title benefit and interest in and to this Agreement without your consent
you. You may not assign your right title benefit and interest in and to this Agreement.
13.5 Rights of Third Parties
A person who is not a party to this Agreement (a “third-party”) has no right under the Contracts
(Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this Agreement, but this
does not affect any right or remedy of a third party which exists or is available apart from the
Act.
13.6 Notices
Any notice or demand to be given under this Agreement by either party to the other shall be in
writing and shall be deemed to have been properly served if left at or sent by first class pre-paid
post to or facsimile to the current number for that party’s address as mentioned in this
Agreement or last known to the party sending the notice or demand and if so posted shall be
deemed to have been received on the day following the date of posting and if sent by facsimile
shall be deemed to have been received one hour after the time of transmission or, if transmitted
out of normal business hours, one hour after the subsequent opening of business.
13.7 The parties agree that any disputes arising under or in any way connected with the subject
matter of this Agreement (whether of a contractual or tortuous nature or otherwise) shall be subject
to English law and the exclusive jurisdiction of the English courts.
13.8 Interpretation
In this Agreement the following words and phrases shall have the following meanings unless
the context otherwise requires:
“Agreement” means this agreement;
“Additional Charges” include, but are not restricted to, the additional charges in clause 7
which you are liable to pay for facilities and additional items
“Agreed Price” means the price at which you agree to hire the Property, as identified in the
Booking or any subsequent agreement;
“Property” means the Property identified in the Booking or a Property of similar type and
standard in a similar location;
“Arrival Date” means the first day of the Hire Period, as identified in the Booking or any
subsequent agreement;
“Booking” means an offer from you to us to hire the Property on the terms of this Agreement
following your provision of sufficient information to enable us to complete our telephone or
Website provisional booking process;
“Furniture and Appliances” means such furniture and appliances usually found within the
Property and any other items which we agree to provide;
“Hire Period” means the period commencing on the Arrival Date and expiring on delivery of
the Property back to us;
“Inventory and Condition Report” means our report on the condition of the Property and its
contents;
“VAT” means Value Added Tax at the rate in force for the time being;
“Website” means www.wandar.co.uk - Acceptance of Terms and Conditions / Contract of Hire
All bookings are subject to these terms and conditions that are deemed to have been accepted in full by
the hirer and all persons in the party. Payment of deposit and/or Booking fee also indicates acceptance of
these Terms and Conditions.