Conditions >
1. DEFINITIONS
1.1 The following definitions and rules of interpretation apply in these terms and conditions (Conditions):
Booking Form : Go-Sardinia’s booking form
Departure Date : the agreed date of departure of the Holidaymakers
Deposit : the deposit to be paid by the Holidaymaker to Go-Sardinia
Commencement Date : the day upon which it has been agreed that the Holidaymakers will arrive
Go-Sardinia : Go-Sardinia Ltd (Company No. SC342199) whose registered office is at Taig A’Mhonadh, The West Road, Campbeltown, Argyll PA286NT and includes its representatives, employees and agents
Holidaymakers : includes the Hirer their family and all other persons who are authorized to stay at the Property during the Holiday Period
Holiday Period : means the period from the Commencement Date until 1000 hours on the Departure Date
Hirer : an individual holidaymaker who represents the Holidaymakers
Owner : the owner of the Property
Property : the Owner’s property as shown on Go-Sardinia’s website to be the subject matter of the Rental Agreement
Rental Agreement : the rental agreement currently in use by Go-Sardinia and made between the Owner and the Holidaymaker and shall incorporate these Conditions
Rental Fee : the fee for renting the property as stated in the Rental Agreement
Security Deposit : the sum as stated on the Rental Agreement paid to the Owner in accordance with clauses 7 and 14
1.2 Any obligation in these Conditions on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.3 Where the Holidaymaker consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under this agreement and not just a proportionate part).
1.4 Words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa, and words that indicate persons shall be interpreted as extending to a corporate body or a partnership and vice versa.
2.BOOKING AGENT
2.1 Go-Sardinia only act as a booking agent on behalf of the Owner and are not principals. The Holidaymaker will be required to enter into a separate Rental Agreement with the Owner subject to these Conditions. Go-Sardinia are not responsible for the actions of either party to the Rental Agreement or any consequences resulting from it.
2.2 The Holidaymaker may book holiday activities through Go-Sardinia with third party providers. Go-Sardinia only act as a booking agent for the third party providers and are not principals. Go-Sardinia accepts no liability for the actions of the third party provider. A reasonable non-refundable booking fee may be charged by Go-Sardinia for making the booking and the Holidaymaker is responsible for paying the full cost of the holiday activity directly to the third party provider.
3. ACCURACY OF PROPERTY INFORMATION
Whilst Go-Sardinia endeavors to keep the Property information on its website as up-to-date as possible, Go-Sardinia does not make any representation or warranty as to the accuracy of the Property information provided on the website.
4. BOOKING & ACCEPTANCE
4.1 The Hirer must be at least 18 years of age and authorized by all the Holidaymakers to make the booking on their behalf subject to these Conditions and the Hirer must provide a list of the names on the Booking Form of all the persons who intend on staying at the Property and any change to the number of persons or the names of those persons should be notified to Go-Sardinia as soon as possible.
4.2 The Hirer should first telephone or email Go-Sardinia to enquire if the Property they wish to hire is available on their preferred dates.
4.3 If the Hirer wishes to book the Property they should complete a Booking Form and return it to Go-Sardinia together with a Deposit for 30% of the full Rental Fee and the Deposit must be received no later than 42 days before the intended Commencement Date.
4.4 Payment of the balance of the Rental Fee should be made at least 42 days prior to the Commencement Date.
4.5 If the booking is made within 42 days of the intended Commencement Date the full Rental Fee including the Deposit must be paid immediately.
4.6 Acceptance of a booking by Go-Sardinia will be made by email or in writing following receipt of a completed Booking Form signed by the Hirer and the full Deposit
4.7 The booking should be made in the name of the Hirer only and the Hirer shall not without the written consent of Go-Sardinia and/ or the Owner assign the booking.
4.8 The Owner and Go-Sardinia reserve the right to refuse any booking.
5. CANCELLATION BY GO-SARDINIA
5.1 The Owner and/ or Go-Sardinia reserve the right to cancel or alter arrangements made for the Holidaymakers whether before or during the Holiday Period;
5.1.1 in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the Owner and/ or Go-Sardinia, or
5.1.2 where in the reasonable opinion of the Owner it is necessary to perform or complete essential remedial or refurbishment works.
5.2 If a booking has to be cancelled by Go-Sardinia, it will take reasonable steps to offer an alternative booking. If Go-Sardinia is not able to offer such an alternative or the Holidaymakers do not accept the alternative offered , Go-Sardinia will return to the Holidaymakers the relevant proportion of the money paid by the Holidaymakers to Go-Sardinia in respect of the Property and will not otherwise be liable for any loss caused by cancellation or alteration. In the event of cancellation by Go-Sardinia it reserves the right to retain a reasonable sum from the monies paid to cover its administrative costs.
6. CANCELLATION BY THE HOLIDAYMAKERS
6.1 If the Holidaymakers wish to cancel the booking for any reason the Hirer should immediately notify Go-Sardinia in writing or by email and the effective date of cancellation shall be the date of receipt by Go-Sardinia of the cancellation advice in writing or by email.
6.2 If the Holidaymakers cancel once the booking has been confirmed the following charges will apply:
6.2.1 if 42 days or more before the Commencement Date the full Deposit will be forfeited,
6.2.2 if within 29 to 42 days of the Commencement Date the Deposit and 50% of the Rental Fee will be forfeited,
6.2.3 if within 15 to 29 days of the Commencement Date the Deposit and 75% of the Rental Fee will be forfeited, and
6.2.4 if 14 days or less of the Commencement Date the Deposit and 100% of the Rental Fee will be forfeited.
7. PRICE, PAYMENT, DEPOSITS & SECURITY DEPOSIT
7.1 The Holidaymakers must pay the Deposit, Security Deposit and the Rental Fee,
7.1.1 The Deposit must be paid by paypal to reserve a Property immediately,
7.1.2 The Deposit and/ or the Rental Fee may be paid by bank transfer to Go-Sardina’s account,
[7.1.3 If the Rental Fee and/ or the Deposit are paid by credit card the payment will be taken over the telephone and processed immediately and a supplementary charge of [ ]% will be made.]
7.2 The Security Deposit must be paid in cash in Euros to the Owner on the Commencement Date.
7.3 All payments save for the Security Deposit must be made in £ pounds sterling.
7.4 If the Holidaymaker fails to make a payment by the due date as under these conditions, Go-Sardinia will release the booking and treat it as cancelled and the cancellation charges at clause 6.2 will apply.
8. INSURANCE
The Holidaymaker must have in place travel insurance from a reputable insurer which must cover; personal liability for damage to the property, cancellation, medical and emergency expenses.
9. LIABILITY & INDEMNITY
9.1 Except in the case of death or personal injury caused by Go-Sardinia’s negligence, Go-Sardinia’s liability under or in connection with these Conditions, or under any express terms of the Rental Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the sums paid under the Rental Agreement.
9.2 Go-Sardinia shall not be liable to the Holidaymakers in contract, tort, negligence, breach of statutory duty or otherwise for any loss or damage to belongings, costs or expenses of any nature whatsoever incurred or suffered by the Client or of an indirect or consequential nature including without limitation any economic loss.
9.3 The Holidaymaker shall be liable for and indemnify Go-Sardinia and the Owner against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by Go-Sardinia and/ or the Owner arising from the Holidaymakers’ breach of the terms of these Conditions and/ or the Rental Agreement or the use or occupation of the Property which arise from any breach by the Holidaymaker of his or her obligations under these Conditions and/ or the Rental Agreement or from any negligence or wilful default of the Holidaymaker.
1.1 The following definitions and rules of interpretation apply in these terms and conditions (Conditions):
Booking Form : Go-Sardinia’s booking form
Departure Date : the agreed date of departure of the Holidaymakers
Deposit : the deposit to be paid by the Holidaymaker to Go-Sardinia
Commencement Date : the day upon which it has been agreed that the Holidaymakers will arrive
Go-Sardinia : Go-Sardinia Ltd (Company No. SC342199) whose registered office is at Taig A’Mhonadh, The West Road, Campbeltown, Argyll PA286NT and includes its representatives, employees and agents
Holidaymakers : includes the Hirer their family and all other persons who are authorized to stay at the Property during the Holiday Period
Holiday Period : means the period from the Commencement Date until 1000 hours on the Departure Date
Hirer : an individual holidaymaker who represents the Holidaymakers
Owner : the owner of the Property
Property : the Owner’s property as shown on Go-Sardinia’s website to be the subject matter of the Rental Agreement
Rental Agreement : the rental agreement currently in use by Go-Sardinia and made between the Owner and the Holidaymaker and shall incorporate these Conditions
Rental Fee : the fee for renting the property as stated in the Rental Agreement
Security Deposit : the sum as stated on the Rental Agreement paid to the Owner in accordance with clauses 7 and 14
1.2 Any obligation in these Conditions on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.3 Where the Holidaymaker consists of two or more persons, obligations expressed or implied to be made by or with them are deemed to be made by or with those persons jointly and severally (this means that they will each be liable for all sums due under this agreement and not just a proportionate part).
1.4 Words that indicate one gender include all other genders, words that indicate the singular include the plural and vice versa, and words that indicate persons shall be interpreted as extending to a corporate body or a partnership and vice versa.
2.BOOKING AGENT
2.1 Go-Sardinia only act as a booking agent on behalf of the Owner and are not principals. The Holidaymaker will be required to enter into a separate Rental Agreement with the Owner subject to these Conditions. Go-Sardinia are not responsible for the actions of either party to the Rental Agreement or any consequences resulting from it.
2.2 The Holidaymaker may book holiday activities through Go-Sardinia with third party providers. Go-Sardinia only act as a booking agent for the third party providers and are not principals. Go-Sardinia accepts no liability for the actions of the third party provider. A reasonable non-refundable booking fee may be charged by Go-Sardinia for making the booking and the Holidaymaker is responsible for paying the full cost of the holiday activity directly to the third party provider.
3. ACCURACY OF PROPERTY INFORMATION
Whilst Go-Sardinia endeavors to keep the Property information on its website as up-to-date as possible, Go-Sardinia does not make any representation or warranty as to the accuracy of the Property information provided on the website.
4. BOOKING & ACCEPTANCE
4.1 The Hirer must be at least 18 years of age and authorized by all the Holidaymakers to make the booking on their behalf subject to these Conditions and the Hirer must provide a list of the names on the Booking Form of all the persons who intend on staying at the Property and any change to the number of persons or the names of those persons should be notified to Go-Sardinia as soon as possible.
4.2 The Hirer should first telephone or email Go-Sardinia to enquire if the Property they wish to hire is available on their preferred dates.
4.3 If the Hirer wishes to book the Property they should complete a Booking Form and return it to Go-Sardinia together with a Deposit for 30% of the full Rental Fee and the Deposit must be received no later than 42 days before the intended Commencement Date.
4.4 Payment of the balance of the Rental Fee should be made at least 42 days prior to the Commencement Date.
4.5 If the booking is made within 42 days of the intended Commencement Date the full Rental Fee including the Deposit must be paid immediately.
4.6 Acceptance of a booking by Go-Sardinia will be made by email or in writing following receipt of a completed Booking Form signed by the Hirer and the full Deposit
4.7 The booking should be made in the name of the Hirer only and the Hirer shall not without the written consent of Go-Sardinia and/ or the Owner assign the booking.
4.8 The Owner and Go-Sardinia reserve the right to refuse any booking.
5. CANCELLATION BY GO-SARDINIA
5.1 The Owner and/ or Go-Sardinia reserve the right to cancel or alter arrangements made for the Holidaymakers whether before or during the Holiday Period;
5.1.1 in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of the Owner and/ or Go-Sardinia, or
5.1.2 where in the reasonable opinion of the Owner it is necessary to perform or complete essential remedial or refurbishment works.
5.2 If a booking has to be cancelled by Go-Sardinia, it will take reasonable steps to offer an alternative booking. If Go-Sardinia is not able to offer such an alternative or the Holidaymakers do not accept the alternative offered , Go-Sardinia will return to the Holidaymakers the relevant proportion of the money paid by the Holidaymakers to Go-Sardinia in respect of the Property and will not otherwise be liable for any loss caused by cancellation or alteration. In the event of cancellation by Go-Sardinia it reserves the right to retain a reasonable sum from the monies paid to cover its administrative costs.
6. CANCELLATION BY THE HOLIDAYMAKERS
6.1 If the Holidaymakers wish to cancel the booking for any reason the Hirer should immediately notify Go-Sardinia in writing or by email and the effective date of cancellation shall be the date of receipt by Go-Sardinia of the cancellation advice in writing or by email.
6.2 If the Holidaymakers cancel once the booking has been confirmed the following charges will apply:
6.2.1 if 42 days or more before the Commencement Date the full Deposit will be forfeited,
6.2.2 if within 29 to 42 days of the Commencement Date the Deposit and 50% of the Rental Fee will be forfeited,
6.2.3 if within 15 to 29 days of the Commencement Date the Deposit and 75% of the Rental Fee will be forfeited, and
6.2.4 if 14 days or less of the Commencement Date the Deposit and 100% of the Rental Fee will be forfeited.
7. PRICE, PAYMENT, DEPOSITS & SECURITY DEPOSIT
7.1 The Holidaymakers must pay the Deposit, Security Deposit and the Rental Fee,
7.1.1 The Deposit must be paid by paypal to reserve a Property immediately,
7.1.2 The Deposit and/ or the Rental Fee may be paid by bank transfer to Go-Sardina’s account,
[7.1.3 If the Rental Fee and/ or the Deposit are paid by credit card the payment will be taken over the telephone and processed immediately and a supplementary charge of [ ]% will be made.]
7.2 The Security Deposit must be paid in cash in Euros to the Owner on the Commencement Date.
7.3 All payments save for the Security Deposit must be made in £ pounds sterling.
7.4 If the Holidaymaker fails to make a payment by the due date as under these conditions, Go-Sardinia will release the booking and treat it as cancelled and the cancellation charges at clause 6.2 will apply.
8. INSURANCE
The Holidaymaker must have in place travel insurance from a reputable insurer which must cover; personal liability for damage to the property, cancellation, medical and emergency expenses.
9. LIABILITY & INDEMNITY
9.1 Except in the case of death or personal injury caused by Go-Sardinia’s negligence, Go-Sardinia’s liability under or in connection with these Conditions, or under any express terms of the Rental Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the sums paid under the Rental Agreement.
9.2 Go-Sardinia shall not be liable to the Holidaymakers in contract, tort, negligence, breach of statutory duty or otherwise for any loss or damage to belongings, costs or expenses of any nature whatsoever incurred or suffered by the Client or of an indirect or consequential nature including without limitation any economic loss.
9.3 The Holidaymaker shall be liable for and indemnify Go-Sardinia and the Owner against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by Go-Sardinia and/ or the Owner arising from the Holidaymakers’ breach of the terms of these Conditions and/ or the Rental Agreement or the use or occupation of the Property which arise from any breach by the Holidaymaker of his or her obligations under these Conditions and/ or the Rental Agreement or from any negligence or wilful default of the Holidaymaker.
10. KEYS
The Owner or Go-Sardinia will issue to the Holidaymakers one set of keys to the Property on the Commencement Date and the Holidaymaker must return them to the Owner or Go-Sardinia on the Departure Date. If the Holidaymakers loses a key the Owner or Go-Sardinia will replace it upon the Holidaymakers paying the reasonable cost of having a replacement cut.
11. HOLIDAYMAKER’S OBLIGATIONS
The Holidaymakers must:
11.1 allow the Owner or Go-Sardinia to enter the Property to inspect the state of it, 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 Holidaymaker as reasonably practicable;
11.2 keep the Property and the contents, fixtures, fittings, furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage and must not take any of them away from the Property;
11.3 not to remove any of the furniture from its present position in the Property;
11.4 not damage or injure the Property, make any addition to the Property, unite the Property with any adjoining premises, or make any alteration to the Property or to the services or service media in the Property;
11.5 keep the service media inside or only serving the Property free from obstruction and the lavatories properly cleaned and immediately notify Go-Sardinia in the event of damage or obstruction;
11.6 not cause any damage to the walls, doors or windows of the Property;
11.7 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;
11.8 not to smoke or permit smoking inside or on the Property;
11.9 not do or permit any act that would make any insurance policy on the Property void or voidable or increase the premium;
11.10 use the Property for the purpose of a private holiday residence for the maximum of the stated number of persons only and not for any other purpose;
11.11 not to affix any poster or picture or placard to the interior or exterior of the Property;
11.12 not use the Property or allow it to be used for any auction sale, any dangerous, noisy or offensive activity, or any illegal or immoral act or purpose, and must not carry on any commercial activity on it;
11.13 not play any musical instrument or device and must not allow noise from any machine or equipment to be heard outside the Property in such manner that may cause a disturbance after 2300 hours or before 0800 hours on any day;
11.14 not sub-let the Property or otherwise accept payment of any kind in relation to the use of the Property; and 11.15 comply any other obligations reasonably made from time to time and notified to the Holidaymaker from time to time during the Holiday Period and ensure that they are observed by all members of his or her party.
12. PETS
The Holidaymaker must not keep or allow any animal, bird or reptile at the Property except a well trained dog, only with the prior consent of Go-Sardinia and the Owner and on condition that they are not allowed on any of the furniture and are not to be left unattended at the Property.
13. GO-SARDINIA’S OBLIGATIONS
13.1 The Owner and Go-Sardinia must:
13.1.1 allow the Holidaymaker enjoyment and use of the Property for the Holiday Period free of interruption except in emergency or on reasonable notice under clause 11.1;
13.1.2 The Owner must keep the Property and the contents but not the Holidaymaker’s personal property insured against damage or destruction by fire and other usual risks for the full cost of rebuilding and reinstating the Property and replacing the contents unless the insurance is rendered void or made invalid by any act of the Holidaymakers or anyone under their control.
14. SECURITY DEPOSIT
The Security Deposit will be held by the Owner to be applied against the reasonable repair or replacement and cleaning of furnishings, kitchen equipment, crockery, glasses, bedding and towels damaged or soiled, otherwise than by usual wear and tear, during the Holiday Period by the Holidaymaker. The balance of the Security Deposit will be returned to the Holidaymaker on the Departure Date.
15. ARRIVAL & DEPARTURE
15.1 The Holiday Period will normally commence at 1200 noon on the Commencement Date or as otherwise agreed and the Holidaymakers should endeavor to confirm their arrival time with Go-Sardinia at least two days prior to the Commencement Date. Late arrivals may be subject a supplementary fee.
15.2 The Holidaymakers must hand over to Go-Sardinia all keys by 1000 am on Departure Date and give vacant possession of the Property and the contents back to the Owner clean, tidy and in accordance with the provisions of these Conditions, and with the various items of furniture and other items left in the places in which they were situated at the beginning of the Holiday Period.
15.3 Go-Sardinia reserves the right to charge a further day's proportionate Rental Fee if the Holidaymakers do not vacate the Property in accordance with clause 15.2.
16. COMPLAINTS
Reasonable care will be taken by Go-Sardinia to ensure that the Property is presented to Holidaymakers to a reasonable standard. Should the Holidaymakers find on arrival that there is a problem, or cause for complaint, the Holidaymakers should immediately notify Go-Sardinia. Go-Sardinia will reasonably endeavour to assist and rectify any problem notified to them.
17. TERMINATION
17.1 Without prejudice to any other rights or remedies which the parties may have, Go-Sardinia and/ or the Owner may terminate the Rental Agreement and the holiday arrangements without liability to the Holidaymaker immediately on giving notice to the Holidaymakers if the Holidaymakers:
17.1.1 fail to pay any fee due under the Rental Agreement and/ or these Conditions on the due date for payment,
17.1.2 commits a breach of any of the terms and obligations of the Rental Agreement and/ or these Conditions, and
it shall be lawful for Owner and/ or Go-Sardinia to at any time thereafter to re-enter the Premises and take possession.
18. GENERAL
18.1 The waiver by any of the parties to these Conditions and/ or the Rental Agreement of any default or breach of these Conditions shall not constitute a waiver of any other or subsequent default or breach.
18.2 If any provision of these Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
18.3 Go-Sardinia agrees that it has complied in all respects with the provisions of the Data Protection Act 1998 and all regulations made under that Act and has established procedures to ensure continued compliance with all such legislation.
18.4 Neither the Holidaymakers or Go-Sardinia shall be liable for non-performance or delays from causes beyond its reasonable control including but not limited to strikes (of its own or other employees), fires, insurrection or riots, embargoes, container shortages, wrecks or delays in transportation, or requirements or regulations of any civil or military authority.
18.5 These Conditions contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Conditions and may not be varied except in writing signed by the Holidaymaker and Go-Sardinia.
18.6 Nothing in these Conditions shall confer any right on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.7 These conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English courts.
The Owner or Go-Sardinia will issue to the Holidaymakers one set of keys to the Property on the Commencement Date and the Holidaymaker must return them to the Owner or Go-Sardinia on the Departure Date. If the Holidaymakers loses a key the Owner or Go-Sardinia will replace it upon the Holidaymakers paying the reasonable cost of having a replacement cut.
11. HOLIDAYMAKER’S OBLIGATIONS
The Holidaymakers must:
11.1 allow the Owner or Go-Sardinia to enter the Property to inspect the state of it, 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 Holidaymaker as reasonably practicable;
11.2 keep the Property and the contents, fixtures, fittings, furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage and must not take any of them away from the Property;
11.3 not to remove any of the furniture from its present position in the Property;
11.4 not damage or injure the Property, make any addition to the Property, unite the Property with any adjoining premises, or make any alteration to the Property or to the services or service media in the Property;
11.5 keep the service media inside or only serving the Property free from obstruction and the lavatories properly cleaned and immediately notify Go-Sardinia in the event of damage or obstruction;
11.6 not cause any damage to the walls, doors or windows of the Property;
11.7 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;
11.8 not to smoke or permit smoking inside or on the Property;
11.9 not do or permit any act that would make any insurance policy on the Property void or voidable or increase the premium;
11.10 use the Property for the purpose of a private holiday residence for the maximum of the stated number of persons only and not for any other purpose;
11.11 not to affix any poster or picture or placard to the interior or exterior of the Property;
11.12 not use the Property or allow it to be used for any auction sale, any dangerous, noisy or offensive activity, or any illegal or immoral act or purpose, and must not carry on any commercial activity on it;
11.13 not play any musical instrument or device and must not allow noise from any machine or equipment to be heard outside the Property in such manner that may cause a disturbance after 2300 hours or before 0800 hours on any day;
11.14 not sub-let the Property or otherwise accept payment of any kind in relation to the use of the Property; and 11.15 comply any other obligations reasonably made from time to time and notified to the Holidaymaker from time to time during the Holiday Period and ensure that they are observed by all members of his or her party.
12. PETS
The Holidaymaker must not keep or allow any animal, bird or reptile at the Property except a well trained dog, only with the prior consent of Go-Sardinia and the Owner and on condition that they are not allowed on any of the furniture and are not to be left unattended at the Property.
13. GO-SARDINIA’S OBLIGATIONS
13.1 The Owner and Go-Sardinia must:
13.1.1 allow the Holidaymaker enjoyment and use of the Property for the Holiday Period free of interruption except in emergency or on reasonable notice under clause 11.1;
13.1.2 The Owner must keep the Property and the contents but not the Holidaymaker’s personal property insured against damage or destruction by fire and other usual risks for the full cost of rebuilding and reinstating the Property and replacing the contents unless the insurance is rendered void or made invalid by any act of the Holidaymakers or anyone under their control.
14. SECURITY DEPOSIT
The Security Deposit will be held by the Owner to be applied against the reasonable repair or replacement and cleaning of furnishings, kitchen equipment, crockery, glasses, bedding and towels damaged or soiled, otherwise than by usual wear and tear, during the Holiday Period by the Holidaymaker. The balance of the Security Deposit will be returned to the Holidaymaker on the Departure Date.
15. ARRIVAL & DEPARTURE
15.1 The Holiday Period will normally commence at 1200 noon on the Commencement Date or as otherwise agreed and the Holidaymakers should endeavor to confirm their arrival time with Go-Sardinia at least two days prior to the Commencement Date. Late arrivals may be subject a supplementary fee.
15.2 The Holidaymakers must hand over to Go-Sardinia all keys by 1000 am on Departure Date and give vacant possession of the Property and the contents back to the Owner clean, tidy and in accordance with the provisions of these Conditions, and with the various items of furniture and other items left in the places in which they were situated at the beginning of the Holiday Period.
15.3 Go-Sardinia reserves the right to charge a further day's proportionate Rental Fee if the Holidaymakers do not vacate the Property in accordance with clause 15.2.
16. COMPLAINTS
Reasonable care will be taken by Go-Sardinia to ensure that the Property is presented to Holidaymakers to a reasonable standard. Should the Holidaymakers find on arrival that there is a problem, or cause for complaint, the Holidaymakers should immediately notify Go-Sardinia. Go-Sardinia will reasonably endeavour to assist and rectify any problem notified to them.
17. TERMINATION
17.1 Without prejudice to any other rights or remedies which the parties may have, Go-Sardinia and/ or the Owner may terminate the Rental Agreement and the holiday arrangements without liability to the Holidaymaker immediately on giving notice to the Holidaymakers if the Holidaymakers:
17.1.1 fail to pay any fee due under the Rental Agreement and/ or these Conditions on the due date for payment,
17.1.2 commits a breach of any of the terms and obligations of the Rental Agreement and/ or these Conditions, and
it shall be lawful for Owner and/ or Go-Sardinia to at any time thereafter to re-enter the Premises and take possession.
18. GENERAL
18.1 The waiver by any of the parties to these Conditions and/ or the Rental Agreement of any default or breach of these Conditions shall not constitute a waiver of any other or subsequent default or breach.
18.2 If any provision of these Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
18.3 Go-Sardinia agrees that it has complied in all respects with the provisions of the Data Protection Act 1998 and all regulations made under that Act and has established procedures to ensure continued compliance with all such legislation.
18.4 Neither the Holidaymakers or Go-Sardinia shall be liable for non-performance or delays from causes beyond its reasonable control including but not limited to strikes (of its own or other employees), fires, insurrection or riots, embargoes, container shortages, wrecks or delays in transportation, or requirements or regulations of any civil or military authority.
18.5 These Conditions contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Conditions and may not be varied except in writing signed by the Holidaymaker and Go-Sardinia.
18.6 Nothing in these Conditions shall confer any right on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.7 These conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the non-exclusive jurisdiction of the English courts.
