BOOKING AGREEMENT
The agreement to rent any property (“Property”) with Lahinch Property Management is between Lahinch Property Management (“Landlord”) and the individual guest booking the Property ("Tenant”) for the Rental Period.
1. Letting
The Landlord agrees to lets and the Tenant agrees to take a tenancy of the Property TOGETHER WITH the Contents for the Term at the Rent.
The minimum age to rent the Property is 18 years of age unless specific approval from the Owner is provided in writing. Any person under the age of 18 must be accompanied by a parent/gaurdian.
Any reservations made under false pretences will result in loss of advance payments and removal from the Property.
2.Property
Each property has a unique address and will be confirmd at the time of booking.
3. Term
The tenancy shall be from and including 4.00 pm on date of check in (the start of the Term) to 10.00 am on date of check out (the end of the Term).
The Landlord reserves the right to charge for their housekeeper's time if the Tenant has not vacated the Property by the specified departure time.
4. Security Deposit
A Security Deposit of €1000.00 or 30% of the Rent, whichever is greater, is payable on check in day, and will be taken from the same card used to make the booking.
5. Rent
The Rent is the sum of agreed rate at the time of booking, which is payable by the Tenant as follows:
(i)25% of the Rent on the making of the booking; and
(ii)The remainder of the Rent at least thirty (30) days before the start of the Term.
6. Contents
An inventory of the furniture, fittings and effects which are included with the Letting (the Contents) is attached hereto
7. Holiday Letting
The purpose of this tenancy is to confer on the Tenant the entitlement to occupy the Property for a holiday only. The Tenant acknowledges that the provisions of the Residential Tenancies Act, 2004 as amended do not apply to this tenancy by virtue of the provisions of Section 3(2)(f) of the said Act of 2004.
8. Tenants Covenants
The Tenant agrees (and jointly and severally where the Tenant comprises more than one person) to comply with the following covenants and also not to cause permit or suffer any non-compliance non-observance or breach thereof:
- Damage alterations decorations and breakages; no moving of contents.
Not to deface, damage injure or make any alterations or additions to the interior or exterior of the Property their decorations or to the services or service media in the Property or the Contents or unite the Property with any adjoining premises. - Without prejudice to the generality of paragraph 8.3 not to move any furniture or furnishings out of the room in which it is placed or any of the remaining Contents out of the Property and to replace in its original position any furniture that is moved within rooms.
- The Tenant will pay the cost of replacing any damaged broken lost or missing Contents, with similar articles of at least the equivalent value and standard, and the cost of remedying any damage to the Contents (where replacement is not appropriate) or to the Property (except for reasonable wear and tear and damage by insured risks).
- Regulations To observe the regulations in the attached the schedule as amended from time to time by the Landlord upon giving prior written notice of amendment to the Tenant.
- Use To use the Property as a private holiday residence and not for any other purpose whatsoever.
- Animals - Not without the Landlord's prior written consent to keep at the Property any pets or animals of any kind. If such consent is granted the Tenant will be responsible for all damage caused by the pet or animal and will indemnify the Landlord against any increase in the premium payable for the Landlord's insurance of the Property or Contents.
- Occupation – Limitation on numbers The Tenant may share the Property but shall not transfer the tenancy or sublet or shall not permit more than [...] to sleep at the Property. The Tenant shall not part with possession of the Property or any part thereof.
- Cleaning - To pay the costs of cleaning and any additional soiling of the Property or Contents during the Term and to keep the Property Contents and garden clean and tidy.
- Insurance - Not to invalidate the Landlord's insurance of the Property or Contents or cause the premium for such insurance to be increased.
- Reporting Defects - To report promptly to the Landlord’s agents any defects disrepair or breakages in the Property or Contents including any failure of mechanical or electrical appliances.
- Noise and Neighbours - Not to do or allow anything to cause nuisance disturbance annoyance or inconvenience to the Landlord or neighbouring or adjoining owners or occupiers and not to cause damage or injury to any neighbouring property. For the avoidance of doubt this covenant prevents between the hours of 11.00 p.m. and 9.00 a.m. singing and the use of any loudspeaker musical instrument or other emitter of noise of any kind that is audible outside the Property.
- Security - Not to leave the Property unoccupied with the doors unlocked or the windows unsecured.
- Illegal or Immoral Purposes - Not to use the Property for any for any auction sale, any dangerous, noisy or offensive activity or any illegal or immoral act or purpose and the Tenant must not carry on any commercial activity on it.
- Smoking - Not to smoke either inside the Property or if outside, within 3 metres of any external door or window of the Property.
- Advertisements - Not to display notices, posters placards, or advertisements in the windows or elsewhere on the Property.
- Contents - To maintain the Contents and keep them in good condition (except to the extent their condition deteriorates as a result of fair and ordinary use), to make sure they are not damaged and not to take any of them away from the Property.
- Service Media - To keep the service media inside or only serving the Property free from obstruction and the lavatories properly cleaned.
- Windows - To keep the internal and external surfaces of all windows of the Property clean.
- Yield Up - At the end of the Term
- To deliver the Property and Contents to the Landlord’s agent clean and tidy in accordance with this agreement and inventory and with the contents in their original position (reasonable wear and tear and damage by insured risks excepted).
- To return all keys to the Landlord’s agents.
- The Tenant will be responsible for meeting all reasonable removal and storage charges if items of property and belongings are left in the Property at the end of the Term. The Landlord will remove and store the items for a maximum of 1 month. The Landlord will notify the Tenant that this has been done at the Tenant’s last known address. If the items are not collected within 1 month, the Landlord may dispose of the items and the Tenant will be liable for the reasonable costs of disposal. The reasonable charges and costs incurred by the Landlord may be deducted from any sale proceeds or the Deposit and if there are any charges and costs remaining, they will remain the Tenant’s liability
The Security Deposit is repayable to the Tenant within seven (7) days after the end of the Term after deducting any sums still due under this agreement or as a result of the Tenant breaking its terms.
10. Fire or other Accident
If the Property are so damaged by fire or other accident as to be unusable for the purpose of this tenancy this agreement will thereupon be cancelled. The Landlord will return the Security Deposit and if the cancellation is before the start of the Term the whole of the rent. If the cancellation is during the period of the let the Landlord will return a due proportion of the rent according to the period of the let then unexpired.
11. Access by the Landlord
The Tenant must allow the Landlord, with any necessary contractors and workmen, to enter the Property 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 the Tenant as reasonably practicable and making good any damage caused to the Property and the Tenant’s property for the following purposes:
(i)to view the state and condition of the Property and the Contents; and
(ii)to carry out any repairs and maintenance that are necessary by virtue of the Landlord’s responsibilities under this Agreement or by law to the Property or to any adjoining property that can only be carried out by having access to the Property.
12. Landlord Insurance
The Landlord shall during the Term insure the Property and Contents against loss or damage by fire and any other risks he decides to insure against from time to time for the full cost of reinstatement unless the insurance is invalidated by any act por omission of the Tenant. The Landlord is not responsible for insuring any personal belongings property or possessions belonging to the Tenant or to anyone else sharing occupation of the Property with him during the Term.
13. Outgoings of the Property
The Landlord shall pay the cost of electricity gas water refuse collection and sewage services supplied to the Property and any rates chargeable in respect of the Property during the Term.
14. Re-entry
The Landlord may re-enter the Property at any time during the Term if there is a breach of the Tenant covenants or obligations contained in this agreement and/or of the Regulations. Upon such re-entry this tenancy shall end forthwith but without prejudice to any other remedies the Landlord has in respect of any such breach.
15. Deposit
15.1 The Tenant must pay the Security Deposit to the Landlord to be held by the Landlord until the end of the Term as security towards the Tenant’s liability for gas and electricity accounts, telephone charges and television and Internet services and any other sums that may be due from the Tenant to the Landlord under this Agreement and/or the Regulations.
15.2 The Landlord acknowledges receipt of the Deposit from the Tenant and agrees to repay it to the Tenant within within 7 working days after check-out and inspection of the Property less any sum that may be due to the Landlord from the Tenant as a result of any breach of the Tenant’s obligations under this Agreement.
16. Severance
If any term of this Agreement is, in whole or in part, held to be illegal or unenforceable to any extent under any enactment or rule of law, that term or part shall to that extent be deemed not to form part of this Agreement and the enforceability of the remainder of this Agreement shall not be affected.
17. Force Majeure
17.1 The Landlord will not be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, infectious disease designated pursuant to the Health Acts, 1947 and 1953, the Infectious Disease Regulations, 1981, the Health (Duties of Officers) Order, 1949 and the Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) Regulations, 2020 and any subsequent Act thereof, together with any amendment, extension, re-enactment or replacement thereof for the time being in force including but not limited to Coronavirus (COVID – 19), epidemic, pandemic, quarantine, lockdown, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations or public health guidance, work stoppages, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, flood, weather conditions, technical/weather problems with transport, aircraft grounding, closure of airports, ports or stations, construction or other noise from nearby sites, or any other event beyond the Owner’s control (“Force Majeure”).
17.2 If the Force Majeure endures for a period of three (3) months either party may determine this Agreement by giving notice in writing to the other.
17.3 Any such termination pursuant to Clause 17.2 shall be without prejudice to any antecedent breach by either the Landlord or the Tenant of any of their respective covenants herein contained.
18. Jurisdiction
This Agreement shall in all respects be governed by and construed in accordance with the Laws of Ireland. For the benefit of the Landlord and the Tenant it is hereby irrevocably agreed that the Courts of Ireland are to have sole and exclusive jurisdiction to settle any dispute which may arise out of or in connection with this Lease and that accordingly any proceedings arising out of or in connection with this Lease may be brought in such Courts.
19. Alternative Accommodation
The parties acknowledge that in certain exceptional circumstances the Property may not be available for either the whole or part of the Term. In such circumstances the Landlord will give notice of the cancellation of the Letting before the start of the Term and the Landlord shall endeavour to procure suitable alternative accommodation of a standard equivalent to the Property located within a radius of 20 km from the Property for the Tenant and the Tenant shall accept the alternative accommodation without any claim for compensation against the Landlord or his agent. In the event that the Landlord’s endeavours prove unsuccessful, the Tenant will be entitled to a full refund of all monies paid by him but without interest, costs or compensation thereon save for where the cancellation is due to the fault of the Tenant.
20 Call out fees
€100/h call out fee between 11pm and 7am (if issue is not our fault)
TERMS AND CONDITIONS FOR ALL RENTALS
Minimum Age
The minimum age to rent the Property is 18 years of age unless specific approval from the Owner is provided in writing. Any person under the age of 18 must be accompanied by a parent/gaurdian.
Any reservations made under false pretences will result in loss of advance payments and removal from the Property.
Reservation Agreement
Guest acknowledges, understands, and agrees that the moment Guest provides a credit card and reservation information, they have accepted the Terms and Conditions for renting and are obligated by these Terms and Conditions. The Property is reserved exclusively for the Guests named on the booking reservation, and no other person(s).
Maximum Number of Guests
The standard rental rate for the Property is based on a specific number of Guests, specific to the respective configuration of the Property that the Guest has booked. For an additional fee and with the prior approval of the Owner, additional Guests may occupy the Property up to the maximum number of sleeping accommodations permitted. Each child counts as one guest. Violation of this rule will result in additional fees and possible eviction forfeiture of amounts paid unless otherwise approved by your Local Contact or the Owner.
The Owner reserves the right to charge for their housekeeper's time if you have not vacated the Property by the specified departure time.
Dishes, pots, pans, silverware and utensils must be washed, dried and put away. Beds may be left unmade and sheets and pillowcases left on. Towels may be left in the bathrooms. Property should be left neat and in order (same condition it was when Guests arrived);
Windows and doors must be left closed and locked with all lights and electrical appliances turned OFF.
The fridge is to be left ON. All trash, litter and cigarette butts put in garbage cans provided tied securely in trash bags.
The Property should be left secured and house keys left in the lock box(es) provided. Lost or missing keys will result in a charge of €100.
Laundry
When you arrive, the Property will be set up with linens, kitchen towels, hand towels, and bath towels.
Henna tattoos and use of spray tanners/self-tanning sprays are STRICTLY PROHIBITED as they leave stains on the linens, sheets, walls and floors! Missing or damaged linens may result in charges against the Security Deposit.
Dish and hand soap, paper towels, toilet paper, hand soap and bath soap are provided. All rubbish should be bagged in a suitable bin bags and placed in the bins designated for the Property. All recycling should be separated, washed and placed in the appropriate bins. Bins are collected weekly or bi- weekly.
Smoking
No smoking is permitted inside the home. Smoking outdoors may be done at least 3 metres from any door or window. Butts are to be disposed of properly and not left around the Property. Ashtrays must be used at all times. Violation of smoking policy may result in forfeiture of Security Deposit.
Illegal substances are strictly prohibited and grounds for immediate eviction, with no return of any monies paid.
Cleaning
All cleaning is to be paid by the guest. The cleaning cost will be a pre-determined amount specific to each property. Any additional cleaning required that has not been covered by the initial cleaning fee will be charged at the rate of €25/hour, plus 13.5% VAT.
Anti-Social Behaviour
The Property is monitored for anti-social or noisy behaviour and all violators will be evicted, all rental payments will be forfeited. Occupancy in use of Property shall not disturb or offend neighbours. The use of fireworks on the Property is strictly prohibited.
Limitation of Liability
Guest is advised to supervise children closely. It is expressly understood and agreed that the Owner shall not be liable for any damages or any injury to any Guests or Guest’s invitees or their respective property from whatever cause arising from occupancy of said Property by Guest during the Rental Period.
Indemnification and Hold Harmless
The Owner is not liable to Guest or Guest’s licensee, invitees or any other person(s) for any injury, loss or damage to any person(s) or property on or about the Property. Guest shall be solely responsible for any property damage, accident or injury to any person or loss sustained by any person, including loss of money, jewellery, and other items of personal property, arising out of or in any way related to Guest’s use of the Property. Guest hereby agrees to hold harmless the Owner, its employees, officers, and to indemnify same against any and all claims that arise pertaining to any event during the Rental Period as a consequence of any acts or omissions of the Owner its employees, officers, and vendors. Guest assumes the risk of injury or other losses relating to any activities and will hold the Owner harmless with respect thereto.
Safety
Guests are strongly advised to lock all doors, windows and gates. As with travel anywhere, it is wise to exercise caution.
Internet Service
Telephone and internet access is not available in all properties - please enquire before booking. When internet is provided in the house, it may or may not be at the extra cost to the guest. Please confirm at the time of booking. Although Ireland generally has quality, high speed and reliable Wi-Fi service, it is not always at a level expected in other countries. Even in properties where Wi-Fi is provided, Wi-Fi is NOT GUARANTEED.
Many companies offer reasonable data plans that can easily be added for the duration of a trip. It is highly suggested that if internet service is an absolute must, consider having a data plan while traveling to Ireland.
Complaints
Any complaints should be notified to the onsite manager immediately to give them the opportunity to rectify matters.
Reservation of Rights
Booking a stay at any Property with Lahinch Property Management constitutes acceptance of this Agreement in its entirety. Lahinch Property Management reserves the right of final acceptance or refusal of any booking without giving a reason.