Taikoo
Microbe Investments Limited
Terms and Conditions of Contract
1. Definitions
In these conditions, unless the context requires otherwise:
1.1 ‘Company’ means Microbe Investments Limited of Kingsleigh, Warrendene Road, Hughenden Valley, High Wycombe, Buckinghamshire, United Kingdom, HP14 4LX which is a company registered in England and Wales under company number: 09607338.
1.2 ‘Balance’ means the total amount payable by You for the Rental Period (including, for the avoidance of doubt, the Cautionary Deposit) less the amount of the Booking Deposit, if any, paid in accordance with clause 5 below;
1.3 ‘Booking Deposit’ means a deposit which may be payable by You to the Company on acceptance of the booking by the Company in accordance with clause 5 below if your booking is made more than three months before the Rental Date;
1.4 ‘Booking Form’ means the form provided by the Company in which you provide information with respect to your booking and requirements and make an offer to the Company in accordance with clause 2.1 below;
1.5 ‘Cautionary Deposit’ means the deposit to be paid by You and held by the Company as security against any damages and/or any requirement for additional cleaning, whether discovered during the Rental Period or after your departure, as further described in clause 5 below.
1.6 ‘Conditions’ means these terms and conditions;
1.7 ‘Contract’ has the meaning given in clause 2.4.
1.8 ‘Event’ means any gathering of six or more people in addition to the up to 14 guests included on the Booking Form.
1.9 “Force Majeure Event “means any circumstance not within a party’s reasonable control including, without limitation:
1.9.1 acts of God, severe floods, droughts, earthquake or other natural disaster
1.9.2 epidemic or pandemic
1.9.3 terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations
1.9.4 nuclear, chemical or biological contamination or sonic boom
1.10 ‘Key Facts’ means the key information for the property displayed on the website https://taikoodartmoor.co.uk
1.11 ‘Property’ means the property let or to be let by the Company to You.
1.12 ‘Rental Date’ means the date on which the first night of the Rental Period begins;
1.13 ‘Rental Period’ means the number of days for which the Property is agreed to be let to You by the Company in accordance with the Booking Form.
1.14 ‘Written Confirmation of Rental’ has the meaning given in clause 2.4.
1.15 ‘You’ or ‘Your’ shall mean the person who completes and submits the Booking Form and to whom the Company lets the Property under the Contract; where more than one person is taking the holiday, ‘You’ or ‘Your’ also means the ‘party leader’.
2. Basis of Contract
2.1 The submission of the Booking Form by You constitutes an offer to take a letting of the Property from the Company in accordance with these Conditions.
2.2 Where You are also a Party Leader, You are responsible for compliance with these Conditions and the Contract by all members of the party. ‘You’ shall also mean any member of your party, unless stated otherwise.
2.3 At the time of booking You must be over the age of 18 and you must be in attendance at the Property for the duration of any period in which any member of the party is in occupation of Property.
2.4 Your booking of the Property shall only be deemed accepted by the Company upon Written Confirmation of the following, at which stage a contract will be made between You and the Company (‘Contract’):
2.4.1 confirmation that You are over the age of 18 (and the Company reserves the right to ask You and any member of your party for certified photographic ID to confirm the same.
2.4.2 receipt by the Company of the Booking Deposit, or if booked less than 3 months before the Rental Date, payment of the Balance; and
2.5 By submitting the Booking Form, You confirm that You will assume responsibility for the whole party and for compliance with these Conditions and Contract.
2.6 Any disputes or queries with respect to these Conditions, or any other matter will be dealt with by You as the party leader.
2.7 The Contract creates a licence to occupy for the purposes of a holiday (and not for any business purpose) and use of the grounds for any event as agreed with the Company. Nothing in the Contract or these Conditions shall create the relationship of landlord and tenant between You and the Company.
2.8 The Company provides no assurance with respect to the quality of services provided by third parties at the Property including, but not limited to, internet service, telephone reception and television reception.
2.9 The maximum number of resident occupants at the Property shall be the number stated on the Booking Form.
2.10 At the time of booking you must provide the Company with a list of the occupants in your party, which must include the name, address, and age of each person. Should this list change at any time prior to the Rental Date, you must inform the Company immediately and provide them with an updated list. The Company may withhold consent to the change if, in their reasonable opinion, the change is materially detrimental to them.
2.11 If during the Rental Period the persons occupying the Property during the Rental Period varies from the list provided by You, and the Company has not consented to the change, the Company may by written notice to You, immediately terminate the Contract without liability and gain access to the Property in accordance with clause 8 and 9 below.
2.12 If the nature of your stay differs from that stated in your Booking Form and the Company has not consented to the change, the Company may by written notice to You terminate the Contract without liability and gain access to the Property in accordance with clause 8 and 9 below.
3. Advertisement of the Property
3.1 The Company makes all reasonable attempts to ensure that the information provided by the Company in relation to the Property and services are accurately stated.
3.2 The advertisement of the Property is intended to create a general idea of the Property and whilst all reasonable efforts have been made to ensure that information about the Property and its facilities and services is kept up to date, there may be some differences between any description and the actual state of affairs at the start of the Rental Period. In these circumstances, the Company accepts no liability to You unless the relevant information has been previously verified to You in writing.
3.3 Where the Company has suggested local attractions, these are provided for information purposes only and the Company cannot be responsible for any lack of availability of local attractions during the Rental Period.
4. Booking and Payment
4.1 A Booking Deposit will be payable by You, to the Company on acceptance of the booking by the Company in accordance with clause 4.5 below and if your booking is made more than three months prior to the Rental Date. The amount of the Booking Deposit shall be 25 % of the total cost of the Rental Period.
4.2 For bookings made less than three months before the Rental Date, the Balance shall be payable by You, to the Company, on submission of the Booking Form. The Cautionary Deposit will also be due pursuant to clause 5.1 below.
4.3 The Company shall, where applicable, send you written confirmation by email of the Balance to be paid by You in full, three months prior to the Rental Date. Such payment must be made by You within 7 days from the date of the written confirmation.
4.4 Should the Balance not be paid by You pursuant to clause 4.3 above, the Company reserves the right to terminate the Contract by notice in writing and without further liability to
4.5 For details of how to pay, You are referred to the section of the Booking Form titled “Paying for your Booking”.
4.6 All payments shall be made by You in Pounds Sterling.
5. Cautionary Deposit, Indemnity and Insurance
5.1 A Cautionary Deposit is payable by You and should be paid no later than three months before the Rental Date. Such payment must be made by You within 7 days from the date of the written request from the Company. Should the Balance not be paid by You the Company reserves the right to terminate the Contract by notice in writing and without further liability to
5.2 The amount of the Cautionary Deposit to be paid by You is set by the Company and is shown in the Key Facts as per clause 1.9 and within the Booking Form.
5.3 The Company is entitled to use the Cautionary Deposit in the following circumstances:
5.3.1 Should You or any member of your party damage the Property, or any equipment or fittings at the Property, or leave it in a condition where additional cleaning or rubbish removal is required;
5.3.2 Should You or any member of Your party be in breach of any of these Conditions;
5.3.3 Should the Company be required to remedy any damage caused to the Property during the Rental Period;
5.3.4 To charge for additional guests which have not been approved by the Company. Such charge will be made at the rate in force by the Company at the time of the Rental Period; or
5.3.5 To deduct such charges and make such payments to the Company or third party contractors (with notice of such payment being provided to you in writing first) should the evidence provided by the Company of the damage or other issue at the Property, which has been caused by You, result in the Company having to take reasonable action to correct such damage or other matter.
5.4 The Company will contact you within 7 Business Days after the Rental Date to advise you whether the full amount of the Cautionary Deposit will be refunded to you or whether the Company intends to make a claim for any damage against the Cautionary Deposit.
5.5 Should a claim be made by the Company against the Cautionary Deposit, details of such Claim will be provided to You within 14 days of the expiry of the Rental Period.
5.6 Should the Cautionary Deposit provide an insufficient remedy, the Company shall have the right to recover any sum from You so as to make up any shortfall.
5.7 In the event that You or any member of your party causes severe damage to the Property which results in the Company having to cancel subsequent bookings and/or pay compensation to any person due to the Property being left in an uninhabitable state by You, or which reduces the services offered to subsequent guests, You shall indemnify the Company in full for any loss incurred by them which the Cautionary Deposit does not cover.
6. Duration and Term of Rental
6.1 The letting will commence on the Rental Date and continue for the duration of the Rental Period and shall terminate on the last day of the Rental Period in accordance with this clause 7.1 and 7.2 below and the Written Confirmation of Rental.
6.2 You are referred to the Key Facts as per 1.9 for the Property for confirmation of check in and check out times.
7. Your Obligations with respect to the Property and its use
7.1 You confirm that the information you have provided to the Company is true, accurate, current and complete information in all respects. Should any information provided change, you should notify the Company immediately. The Company shall not be liable if any incorrect information provided by You results in the Company being entitled to terminate the Contract.
7.2 You promise to the Company that the nature of your stay is the same as described in the Booking Form. Should it vary, the Company shall have the right to terminate the Contract with you immediately in accordance with clauses 8 and 9.
7.3 You agree to:
7.3.1 Not cause any damage to the Property, including all furniture and fixtures and fittings;
7.3.2 Keep the Property and all furniture, fixture and fittings in the same state as repair as to which you found them at the commencement of the Rental Period.
7.3.3 Leave the Property in the same state of cleanliness as that in which You found it at the commencement of the Rental Period;
7.3.4 Keep all furniture as you found it, so as to not remove it from the place that it was originally placed or place it back to its original place prior to the end of the Rental Period. You will be liable for any damage caused by You in this respect;
7.3.5 Empty any bins and dispose of any rubbish in the outside bins provided at the Property and following the instructions of the Company where provided;
7.3.6 You must remove (or have removed) any rubbish (including recyclable material) that is a result of any event (such as a wedding celebration or birthday party) held at the Property. Rubbish resulting from an event at the Property must not be put in the Property’s bins. Failure to comply will result in a claim being made against the Cautionary Deposit
7.3.7 Report any damage at the Property not caused by You to the Company on your day of arrival;
7.3.8 Report as soon as possible to the Company, any breakages or damage caused by You or your party during the Rental Period;
7.3.9 Not to undertake any repairs of any kind to the Property, furniture and fixture and fittings yourself;
7.3.10 Not to use the Property for any illegal purpose or take any illegal substance thereon; and
7.3.11 To obtain all licences necessary (such as an alcohol licence) and to indemnify the Company against any claim if You fail to secure any necessary licence.
7.3.12 Abide by the Conditions.
8. Cancellation policy
8.1 Once Written Confirmation of Rental has been provided by the Company, You are responsible for the Balance.
8.2 You may cancel your booking at any time; however, You will not be entitled to reimbursement of all of the monies paid and if your Arrival date is less than three months away the balance will still be due to us, unless we can relet the stay. Please refer to the table set out in clause 8.9 below in this respect.
8.3 Cancellation of your booking must be made by You in writing and sent to the Company at: enquiries@taikoodartmoor.co.uk
8.4 Once cancellation has been confirmed by the Company, your booking of the Property will be deemed cancelled.
8.5 Upon confirmation by the Company of the cancellation of your booking, the Company will seek to re-let the Property for the full Rental Period for the same rental as originally agreed with You. If we do not succeed in re-letting your stay your full Booking Deposit will be kept by Us. In the event that you cancel less than three months from the Rental Date, the balance payment will be due and you will be invoiced for this amount.
8.6 In the event that the Property becomes unavailable, through no fault of the Company, and the Balance has been paid, the Company has the right to cancel your booking. In such an event all monies paid to the Company will be returned to You. You will not hold the Company liable for any consequential loss.
8.7 The Company reserves the right to terminate the Contract, or refuse to hand over to you the Property, at any time where there are reasonable grounds to suspect that:
8.7.1 You or your party are likely to breach any of the Conditions in terms of the number of persons staying at the Property, or their age;
8.7.2 You have provided incorrect information to the Company with respect to your booking; and
8.7.3 You have behaved in a vexatious, abusive or unlawful manner towards the Company, any third party supplying services to the Property or any neighbours of the Property.
8.8 The above actions as stated in clause 8.7 above shall constitute a breach of contract by You and the Company shall consider the booking as cancelled by You. In these circumstances, the Company shall not be liable to You in any respect and You shall not be entitled to a refund of any monies or alternative accommodation.
8.9 The table below provides the amount that may be due to You, should the Contract be cancelled:
| Notice given to cancel | The Company actions to achieve a re-let of the Property further to your Cancellation | Reimbursement of your money and cancellation fee |
| At least 3 Months prior to the Rental Date | If the Company is unsuccessful in re-letting the Property | You will not be entitled to a refund of any monies paid. |
| At least 3 months prior to the Rental Date. | Full rental achieved by the Company for the same price as your booking. | The Booking Deposit shall be refunded, minus 10% of the value of the Booking Deposit as an administration fee owed to the Company. |
| Less than 3 months before the Rental Date. | Full rental achieved by The Company on the same terms as your rental. | You shall be refunded all monies paid, minus 10% of the total of that amount as an administration fee of the Company. |
| Less than 3 months before the Rental Date. | Part rental achieved by The Company for an amount lower than your original booking. | The Company shall reimburse you the amount achieved for the new booking, minus an administration fee of 10% of the original booking cost. |
| Less than 3 months before the Rental Date. | If the Company is unsuccessful in re-letting the Property and You cancel with less than 3 months’ notice. | You will not be entitled to a refund of any monies paid. You will be invoiced for the balance payment. |
| Termination of the Contract due to You being in breach of any of these Conditions or the Contract. | N/A | No monies shall be refunded to You and you will be invoiced for any outstanding balance payment. |
9. Right of re-entry and right to evict
9.1 The Company is entitled to enter the property, without providing You with prior notice in the following circumstances:
9.1.1 In an emergency, to include where repairs are required to be carried out due to a report made by You or damage caused by You; or
9.1.2 Should you be in breach of any of these Conditions or the Company has reasonable grounds to believe that you are in breach of these Conditions and of the Contract; or
9.1.3 The Company has received reports from a third party that may lead to you being in breach of these Conditions or Contract.
9.2 The Company is allowed to enter the property to inspect it (including but not limited to where you have complained about the property). In this circumstance, reasonable notice will be given first.
9.3 Should re-entry be required on the basis that you are in breach of these Conditions, no notice of re-entry is required and you may also be required to leave the Property immediately at the request of the Company, in which case the Contract between You and the Company shall terminate immediately, with no compensation or liability being owed to You by the Company.
9.4 Should access be required pursuant to this clause 9, You agree not to obstruct the re-entry of the Company and/or the Company’s Representative (to include workmen) to the Property.
10. Pet Policy
10.1 For the avoidance of doubt, this policy applies to all pets and not just dogs.
10.2 If you wish to bring any pet, you must notify the Company at the time of booking on the Booking Form. It is your responsibility to ensure that Company are aware at the time of booking, that you are bringing pets. The Company will generally accept up to two well-behaved dogs but reserves the right to refuse permission for any pet. The Company also reserve the right to impose any special conditions.
10.3 Should you bring a pet, You must comply with the following conditions:
10.3.1 not allow the pet upstairs, on the beds or other furniture;
10.3.2 The pet must sleep downstairs either in the utility room or another appropriate room with hard surface flooring;
10.3.3 You must supply your own pet food and any other pet amenities;
10.3.4 Any fouling at the Property must be cleared up by You without delay and disposed of accordingly;
10.3.5 The pet must not be left alone at the Property at any time and must go with You whenever you leave the Property;
10.3.6 You must ensure that the pet is free from parasites before the Rental Date, failure to do so may incur further charges which the Company is entitled to recover from you in full;
10.3.7 Where there are other properties near the house, dogs should be kept on a leash; and
10.3.8 You must be mindful of other people and animals, including livestock, in the vicinity so as not to allow your pet to become a nuisance.
10.4 Should any of the conditions stated in clause 10.3 above be breached by You, the Company has the right to deduct any sum from the Cautionary Deposit so as to deal with such breach. Should the Cautionary Deposit be insufficient to remedy such breach, the Company shall have the right to recover any sum from You so as to make up any shortfall.
11. Smoking Policy
The Property is entirely smoke free. Should the Company be required to clean the Property due to non-compliance of this clause, the Company shall be entitled to use the Cautionary Deposit so as to remedy such breach.
12. Extra amenities
12.1 All amenities should be used with great care and user manuals and signage should be referred to where available.
12.2 You and every member of your party are responsible for the safety of any child using such amenities.
12.3 No child should use the swimming pool unattended.
12.4 No glass should be taken into the swimming pool or the surrounding
12.5 The Company will provide You with an information pack, the rules in which must be complied with by all persons using such amenity. Failure to observe such rules may result in the swimming pool being deemed closed for the rest of the duration of the Rental
12.6 The grounds of the Property are, by approval of the Company, available to be used for an Event such as a party or wedding reception. Conditions that apply during an Event are;
12.6.1 The swimming pool is explicitly excluded as an amenity and will be secured against entry to any member of Your party including guests listed on the Booking Form.
12.6.2 The house is to be secured against entry by all other than the up to 14 listed guests.
12.6.3 You are responsible for providing suitable toilet arrangements for your Event guests.
12.6.4 Power required for lighting or heating or catering equipment or any similar requirement must be provided by a generator and must not be connected to or taken from the Property’s power supply. Any breach of this condition will result in the Company cancelling the booking. See clause 9.
12.7 Should the amenities be closed during your stay, due to You being in breach of any of these Conditions, You will have no right to compensation.
13. Limitation of Liability
13.1 The Company neither excludes nor limits its liability where it would be unlawful to do so. This includes liability for death or personal injury called by negligence or the negligence of employees or agents; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Booking Service.
13.2 You acknowledge that in booking the Property, all personal belongings and vehicles, including the contents of those vehicles, belonging to You and any member of your party, is left at the Property entirely at your and their own risk. The Company shall accept no responsibility for any loss, damage or injury to You or your guests and to yours or their personal property during the Rental Period, except for any such loss which has been caused by the Company.
14. Complaints
14.1 Should You wish to make a complaint during the Rental Period, You should notify the Company of any such complaint promptly, so that every attempt can be made by the Company to resolve the issue as soon as possible or in any event, within 14 days of the end of the Rental Period..
14.2 If the complaint is not resolved, nothing in this section affects your legal rights.
15. Data and Privacy
15.1 In making a booking, the Company will ask for your personal information such as your name, address, email address, telephone number, personal identification and payment
15.2 The Company will hold your details in accordance with the GDP Regulation – Privacy Policy
16. Force Majeure Event
16.1 The Company shall not be in breach of these conditions nor liable for delay in performing, or failure to perform, any of its obligations set out in these conditions or otherwise, if such delay or failure results from events, circumstances or causes beyond its reasonable
16.2 Should a Force Majeure Event happen during the Rental Period, the Company shall not be liable to You for any loss incurred by You for events that are outside of the Company’s control.
17. Severance
17.1 If any provision or part provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the Conditions.
17.2 If one party gives notice to the other of the possibility that any provision or part provision of these Conditions are invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
18. Variation of Conditions
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
19. Governing Law and Jurisdiction
These Conditions and any disputes or claims arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
