Conditions of Hire – Last updated 12th July 2023
We are Salcombe Finest Ltd, trading as Finest Stays.
Bookings are happily accepted by Salcombe Finest Ltd, referred to as SF, on the following conditions:
The contract of hire is deemed to have been made once a deposit of 25% of the holiday price (or total amount if within 6 weeks of commencement of the holiday) has been paid, and completion of the online booking form and confirmation of booking has been despatched by Salcombe Finest to the guest. Bookings made through our online booking system are provisional until confirmed by Salcombe Finest. A contract shall only arise when your booking is subsequently confirmed in writing via a letter of confirmation sent to you by email.
It is a contract of tenancy between the owner of the property and the tenant, with SF acting as booking agent on behalf of the owner.
The balance payment is due 6 weeks before the holiday commences. If the balance is not received by the date due on the booking confirmation, Salcombe Finest, at their discretion, reserves the right to make the property available for re-booking. This does not release the guest from their obligation and the deposit paid will not be refunded under any circumstances.
When making a booking you will be required to pay a booking fee to SF which is part of and included within the overall price you pay. The booking fee is payable for the services that SF provide to receive, handle and process all aspects of your booking, thereby allowing you to book a Property.
The booking fee is non-refundable unless we are unable to accept the booking on behalf of the Owner or the Property is unavailable at the time of the holiday.
On cancellation of a confirmed booking, Salcombe Finest will retain your non-refundable booking deposit and you will remain responsible for payment to Salcombe Finest of the total cost of your booking. We therefore strongly advise you to take out holiday insurance to cover you for the full cost of the stay.
If a booking is cancelled before the start date of the booking no refund will be issued unless the property is rebooked by another guest in place of the cancelled booking. In the event the property is rebooked, a refund of the monies paid by the cancelled guest will be issued less the full amount of the deposit paid, any payment surcharges incurred and any discounts issued at Salcombe Finest’s discretion in order to achieve a replacement booking.
- Early termination: tenant contract may be determined before the end of the Holiday Period by the Agency giving you the tenant notice only in the event of you being in material breach of the terms of these Conditions or by reason of fault with the Property (leak, electrical fault, or other) or some other force majeure catastrophic event (fire or flood or other) rendering the Property unfit for habitation.
- Insurance: It is a condition of booking that all clients must have full comprehensive holiday insurance including cancellation, medical and third party cover. All personal belongings of the client are the sole responsibility of the client. We accept no responsibility for loss or damage howsoever arising.
- If we have to cancel your booking due to matters beyond our control, such as force majeure – including war, civil strife – we will refund you in full.
- If we have to cancel your booking due to a fault with the property we will refund to you the appropriate proportion of the Holiday Rental attributable to the then unexpired remainder of the Holiday Period from the point of determination minus our costs including: time, commission, damage, loss of rent and other operating costs (e.g. changeover, cleaning etc). You may be able to claim our costs from your insurance.
- If we the Agent have to cancel your rental holiday whilst you are on your holiday the Tenant Agent contract may be terminated at any time and you will be asked to vacate the property immediately.
- If we the Agent have to cancel your rental holiday whilst you are on your holiday due to you being a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises you will not be refunded for any part of your Holiday Rental.
- In the event of cancelling your holiday before you arrive or during your stay the Agent has no obligation to assist you in finding an alternative Holiday or accommodation.
- Nothing in this agreement is intended to exclude or limit our liability for death or personal injury arising from negligence or for loss arising from negligent misrepresentation or fraud.
- Properties are available for occupation from 4.00pm on the day of arrival and must be vacated by 10.00am on the day of departure. If tenants do arrive early and, with the agreement of SF, take up occupation before 4.00pm no guarantee can be given that SF staff, cleaners, or other tradesmen will not enter the premises before 4.00pm and no liability can be accepted for loss or damage to items left in the property.
- Tenants are asked not to enter the property without SF permission and if they do gain entry do so entirely at their own risk without guarantee of readiness of the property for occupation.
- If tenants expect to arrive outside office hours (9am–5pm, Mon–Sat inc) SF will make every effort to ensure that keys are available and that the property is ready for occupation. However, this cannot be guaranteed and remedy might not be possible until the first working day thereafter. The agent strongly suggests that tenants arrive during working hours so that any problems can be quickly addressed.
- Tenant obligations: allow the Owner or the Agency by its authorised representatives to enter the Property to inspect the state of it and to carry out necessary works of maintenance or repair, at all reasonable times upon 24 hours’ prior notice in writing, or in the event of emergency at any time without notice, causing as little inconvenience to you as reasonably practicable and making good any damage caused to the Property and your property;
- Tenant obligations: to keep the Property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage caused by you during the Holiday Period.
- You are required to leave the property, including equipment and BBQ’s, in a clean and tidy condition after your stay: all rubbish and waste within bins, clean crockery and cutlery neatly in cupboards, dirty crockery and cutlery within dishwasher and switched on, indoor floors and outdoor spaces swept, dirty linen on beds or in bath. If a property is left in an unreasonable condition or additional linen is used additional cleaning charges may be applicable.
- Tenant obligations: not cause any damage to the walls, doors or windows of the Property;
- Tenant obligations: not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises;
- Tenant obligations: not do or permit any act that would make any insurance policy on the Property void or voidable or increase the premium; and,
- Tenant obligations: comply with any rules or regulations applicable to the Property booked, full details of which will be made available to you and any other regulations reasonably made from time to time after prior consultation with you and notified to you from time to time during the Holiday Period and ensure that they are observed by all members of your family or party.
- Tenant obligations: be responsible for placing any rubbish from your stay in the correct bags and location for collection as per the individual property’s waste collection instructions. The agent reserves the right to pass on any charges resulting from the incorrect disposal of rubbish at a £25 administration cost.
- Tenant obligations: be responsible for cleaning the barbecue if used during stay. The agent reserves the right to pass on any charges resulting from a left dirty barbecue at a cost of £25 per hour cleaning charge.
- The Owner reserves the right to repossess the Property if excessive damage has been caused by you or a member of your party.
- Any damage, breakage, or anything else giving cause for concern noticed on taking occupancy of the property, must be reported within 48 hours to the owner, manager, caretaker or agent.
- The tenant is responsible for any damage or breakages, which should be reported to the owner, manager, caretaker or agent, during the period of occupancy. Such losses or additional cleaning charges (if the property is left in an unsatisfactory condition) will be billed to the tenant.
- The tenant will not cause any annoyance or become a nuisance to tenants or occupants of adjoining premises. If agent or owner is complained to or asked to be called out to the property a charge of a minimum of £100 + £25 per subsequent hour will be deducted from the security deposit.
- Any articles left by the tenant can be forwarded on receipt of a minimum handling fee of £15 plus postage deducted from the security deposit. Any unclaimed articles will be disposed of after 28 days.
- Neither the property owner nor the agent shall be held responsible for any accident, loss or damage which may be sustained by the tenant, member of his party, or visitor to their property, however caused.
- When a hot tub, sauna or swimming pool is included in a property letting, or if the property is close to the water, or if rental of the property entitles use of facilities provided by others, the owners and their agents cannot accept liability arising from the use of the hot tub, sauna or swimming pool, proximity of the water or use of facilities, which are at the tenants own risk.
- When a gym is included in a property letting, use of the gym and equipment is wholly at the tenants own risk and the owners and their agents accept no liability for any injury or damage that may occur.
- If for any reason beyond the owners control the property is not available on the date booked, all rent and charges paid in advance by the tenant will be refunded in full, but the tenant shall have no further claim against the owners or agent.
- Accommodation is let for the specified number of tenants only and excess numbers cannot be accepted. The signatory must be a member of the party occupying the property.
- Domestic pets are not allowed over the boundary of the property except where specified: and they are not permitted in any bedrooms or on any furniture. Pets must not be left unaccompanied in any property for any length of time and must be kept under control at all times. At the end of the holiday all traces of the pet must be cleaned from the house and gardens. “No Pets” in the description may not guarantee that pets have never occupied the property. Where tenants bring pets without consent, they will be asked to remove the pet from the property immediately.
- The agents are responsible to their owners for the collection of rentals only and no claims regarding the accommodation will be accepted by the agents. Every effort will be made to ensure the standard described for each property and that all items of equipment described and supplied by the owners are in good working order. However, no guarantee is given or liability accepted if any breakdown occurs. Repairs are always effected as soon as possible, although inevitably delays do occur. When use of a hot tub or swimming pool is included in the rental this will be regularly maintained and every effort will be made to ensure that a reasonable temperature is reached and the water safe for swimming. However, the owner / SF will not be liable if, due to circumstances beyond their control, necessary criteria are not reached.
- The property Owners cannot accept responsibility for loss of utility services which include water, power and telecommunications that occur through no fault of the Owners. SF and the Owners will of course use their best endeavours to get services reconnected.
- SF accepts no responsibility for the condition of the property. The property is maintained by a Property Management company on behalf of the property Owner. Any faults with the property will be repaired by the local Property Management company in their own “reasonable time”. SF accepts no responsibility for the speed of the Property Managers response to fix the property and asks on their behalf for your understanding given the location and logistical situation of Salcombe; it is not London. Any complaints regarding the property are to be addressed directly to the Property Manager.
- In the event of any dispute between parties it shall be referred to the jurisdiction of the English courts only and any actions shall be heard in the court for the area in which the property is situated. Any contract shall be governed by English law and interpretation.
- If the tenant has any complaint in respect of a Property you must report it to the agent within 24 hours of arrival to ensure sufficient time is allowed to investigate and/or take the necessary remedial action. No compensation will be offered if you deny the Agency or Owner the opportunity to rectify matters during the Holiday Period.
- The agent will act on a goodwill basis as arbitrators between you and the Owners to resolve any dispute satisfactorily but cannot be held liable if one or both parties are dissatisfied with the outcome.
- Neither the Owner nor the Agent accepts responsibility for work taking place outside the boundary of a Property, nor for noise or nuisance resulting from third party activity over which the Owner or the Agency has no control. The Agency strongly recommends that anyone with such concerns avoid town/village centre Properties, as noise disturbance is more likely in such locations.
- All details on the website are given in good faith and are believed to be correct, but their accuracy is not guaranteed.
- All bookings are accepted at the discretion of the property owner and agent.
- The security deposit held from time of booking will be refunded within 14 days of departure subject to deductions necessary by reason of your or any member of your party’s breach of your obligations in clauses above.
- An additional security deposit, at the discretion of the owner/agent, may be required with certain bookings, particularly single sex or young persons.
- 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 payment for any additional damages up to the value of £1000. 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.
- If there is any cause to withhold any security deposit or additional damages SF will retain an additional 20% of the amount withheld to cover administration costs.
- SF reserves the right to alter these conditions at any time.
We aim to treat our guests courteously at all times and expect our guests to treat our team and third parties in a similarly respectful way. We take seriously any threatening, abusive or violent behaviour against any of our team or third parties. Anyone giving verbal abuse of members of team or third parties during the course of their holiday will result in the holiday being cancelled, all guests being asked to depart the property with immediate effect and with no refund on their booking. There will be no appeal process.
We operate a zero tolerance policy with regard to violence and abuse and we have the right to remove violent guests from a property in order to safeguard practice our team and other third parties. Violence in this context includes actual or threatened physical violence or threatening verbal abuse which leads to fear for a person’s safety, leading to complete breakdown in trust and communication.
In this situation we will cancel the booking and will ask all guests to depart the property with immediate effect and with no refund on their booking. There will be no appeal process.
I have understood and agree to the booking conditions and payment methods set out. I accept these conditions on behalf of those booked in my name. I agree to care for the property during my stay and leave it clean and tidy. I declare that I am over 18 years of age and agree that this booking is made in accordance with the Conditions of Hire and Booking Information detailed on the current website.
These booking conditions supersede all previous issues.