N0-one likes legal jargon but it’s good to know where we all stand. Here are our the Terms and Conditions for using our website – if you have any questions at all please do let us know.
Terms and Conditions of Use
Us /Our/We – Luxury House Hire.
You/Your – Anybody using the site (including companies, groups, and individuals or representatives of companies, groups or individuals) for any reason.
Guest – The people hiring the Property or making use of a Service and making the Booking, on their own or representing a group, company or individual.
Owner – The owner or representative of the Property or Properties being shown on our website or referred to in our correspondence.
Visitors – All or any persons visiting the Property during the Booking at the request of the Guest.
Group – All or any members of the Guest’s group of persons making the Booking.
Property – The Property that is being shown, enquired about and/or Booked and includes, where applicable, any garden area, driveway, outbuildings or facilities such as tennis courts and swimming pools. It also includes all fixtures and fittings at the Property and any equipment or appliances provided by The Owner.
Service and Service Supplier – Any other service which we discuss with the Guest other than the Property Booking and the person that supplies it.
Booking – The period of time and use that the Guest uses a Property or Service for.
Booking Deposit – The sum payable to secure a Booking.
Booking Fee – The fee payable for a Booking.
Damages Deposit – The sum payable by the Guest as security for costs incurred in respect of additional cleaning, breach of Booking Conditions, damage or loss caused by the Guest or Group, Guest or Group’s pets or animals or Visitors to the Property.
Confirmation – An email or other document confirming the Booking and its particulars.
Booking Conditions – The Terms that cover the Booking, as supplied by the Owner or Service Supplier.
A. GENERAL TERMS
1. The way in which anybody may make use of this website www.luxuryhousehire.com
www.luxuryhousehire.com is covered in this webpage and documents referred to on it and no conduct of ours shall constitute acceptance of any terms put forward by You. Please read these terms carefully before You use the site. We may change these terms at any time without notice so please do make sure You check them regularly.
2. These Terms and Conditions are, where relevant, in addition to the Terms of Supply for Property Owners. By using the site You confirm that You accept these terms and that You agree to abide by them. If You do not agree to these terms please stop using the site immediately.
3. This site is a recommendation site only. We may give our opinions and information about Properties or Services but You are solely responsible for Your final choice. We strongly recommend that You satisfy Yourself as to the suitability of Your choice as we cannot be liable once You have made Your choice.
4. Any extra services that You ask us to perform will be chargeable. We shall notify You of any charges before we commence this work and will not be able to perform certain tasks until payment has been received.
5. All contracts covering the Booking are between The Owner or Supplier and the Guest and we are neither party to these contracts nor liable for their failure or breaches.
6. The Company cannot accept responsibility or liability for the behaviour of The Owner, Supplier or Client, or any breach, negligence or otherwise by The Owner, Supplier or Client.
7. We do endeavour to give the most up to date information about a Property or Service but we will not be able to enter into any disputes about the accuracy or suitability of the information or materials shown nor give any compensation or pay any damages for whatever reason to the full extent permitted by law should the information be inaccurate or unsuitable in any way because we rely on third parties to confirm and supply some of the information.
8. We shall not be liable for any failure of performance due to act of God, war, strike, lock-out, industrial action or protest, shortage in goods or materials, fire, flood, storm, internet or phone communications failure, power failure, electronic or otherwise, malicious attack or any other event beyond our control.
9. Our office hours are 10am to 5pm Monday to Friday and we will not be able to read emails, letters or listen to phone calls or messages out of those times.
10. You may at any point click to a third party website; we are not liable for any upset or damage that third party websites may cause.
11. Nothing in these terms and conditions shall prevent us from taking legal action against You in respect of any damages or loss to us.
12. We strongly urge anybody that Books a Property or Service to purchase adequate insurance to cover any eventuality that may prevent them taking the full use or enjoyment from their Property, Booking or Service.
B. OUR WEBSITE
1. When using our website You agree not to copy any content or code without our express written permission.
2. You agree not to try and access our databases or any other restricted part of our website or files. When using our website You agree to take every care not to introduce any malicious or technologically harmful material to the site.
3. You agree not to use our website to endorse any product, idea or material unless we have expressed our agreement for You to do so in writing and the correct fee has been paid.
4. You agree not to use our website in any fraudulent or unlawful way, not to use it to incite hatred, cause offense or harm, not to use it to represent any political view or pass on, publish or receive any unwanted (spam), political, violent, offensive or harmful messages or information.
5. You agree not to use our website to publish, pass on, or receive any unwanted (spam), offensive, violent, political or unlawful images.
6. You agree not to use our website to publish, pass on, or receive any information which is dishonest or which contravenes any intellectual property laws or rights.
7. We may change our site at any time and we may at any time suspend its operation. We will not be liable for any loss or damages that this may cause.
8. You may wish to link to our website. This is possible as long as all the following conditions are met:
(i) You wish to do so for fair and legal reasons
(ii) You agree to uphold and safe guard our reputation at all times
(iii) You own the website You wish to link from or have permission from the site owner to do so
(iv) The link does not imply any endorsement by us of Your products, websites or other materials or any affiliation or association where none has been agreed by us in writing
(v) The link will in no way hinder our opportunities, revenue or other business activities
(vi) You notify us that You have set up a link
10. If we consider Your breach of our terms to have caused us loss or damage we may, without prejudice, seek indemnity or reimbursement for the loss or damages and any reasonable legal or administrative costs from You as permissible by law.
11. We will cooperate with any third parties or law enforcement bodies should it become apparent that You may have breached the law (for example, uploading malicious information, harmful technological material or unlicensed images) or if we have to by law. This may include supplying them with Your personal data.
C. YOUR PRIVACY
1. We will never sell your data to, or share it with, any third party without your permission.
2. We respect Your right to privacy.
3. We store data about you for the purpose of being able to supply you with best service. We may also use data about you to assist us with our marketing strategy and statistics.
4. We would supply your data to any third party only in the following ways:
(i) When You contact us to request information, in which case we may need to supply some of your details to a third party to allow you to gain access to the information that you need.
(ii) When required to do so by law.
(iii) If we sold part or all of our company – in this case all our data files would be transferred to the new owner.
5. The nature of our website is that You are sending us a request for further information from third parties or asking us to deal with third parties on Your behalf. In this instance we need to pass on your details to them and we cannot be liable for their response to Your request or what they do with Your data.
6. We do ask Property Owners or Suppliers not to send any unwanted communications (spam) but cannot be liable if they do.
7. We supply You with an option to sign up for our newsletter You can opt out of this at any time by contacting us using the contact details on the website or following the unsubscribe process as detailed on the communications that we send You.
8. If you feel that You are receiving information from us mistakenly please do contact us immediately using the details supplied on the website so we can rectify this.
9. We do store all communications to us in case we need them for future reference. The transmission of information is not completely secure and we cannot guarantee the security of your data during transmission.
10. We use a proprietary computer security system and a password protected email to prevent data being taken from our systems.
12. Our websites are linked to Google Analytics and we do see general data about IP address and location of inquires with reference to statistics about how people use and view our site but no personal data is given or recorded.
13. You can ask to see the data that we hold about You – please contact us using the contact details given on the website. There is an administration charge of €50.
D. COMPLAINTS PROCEDURE
1. We shall not be responsible for any liability in relation to Your dissatisfaction with the Guest, Owner, Property, Service or Supplier. Any assistance provided in resolving a complaint in relation to Your Booking is provided on a goodwill basis and at our discretion, unless it is a complaint relating directly to our customer service.
2. If You have a customer service complaint the please contact us immediately using the contact details on the website.
3. If You notice any errors or You feel that any part of the site or our correspondence is misleading please contact us immediately using the contact details on the website.
4. In the event of any claim being brought successfully by You against us the amount of compensation that may be claimed is to be limited to the amount of monies paid by You to us, this does not include the value of any monies we may collect or hold on behalf of The Owner or Supplier. No compensation shall be payable for hurt feelings, consequential loss or distress caused to any person whatsoever.
E. USING OUR SERVICES TO ASSIST WITH BOOKINGS AND QUOTATIONS
1. We may, at our absolute discretion, whether on our own behalf or on behalf of The Owner or Supplier refuse to take any Booking before the Booking Deposit is paid without giving a reason.
2. We do not warrant that a Property is free of any allergen including (but without limitation) pet hairs, pollen, nuts or feathers. Neither we nor the Owner (or their employees, cleaners, or other staff) can accept any liability whatsoever for any illness, damage, or suffering which may occur as a result of an allergen having been present.
3. Due to the nature of the Properties it is not guaranteed that Guests with reduced mobility will be able to access all areas or use all facilities. It is the responsibility of the Guest to satisfy themselves in relation to any mobility or access restrictions before Booking.
4. Registered guide and support dogs or any other pets, animals or livestock are only allowed in a Property if notified at the time of Booking and confirmed in writing by The Owner. The Owner has the right to restrict or deny access of any pets, animals or livestock onto the Property if not required by law to allow them on site. Direct damage as a result of the presence of any such animals for any reason, or additional cleaning that may be required may be charged to the Guest.
5. We cannot completely confirm that any Property or Service is suitable for children, we ask You to assure Yourself of this and also to be especially careful of children or other vulnerable groups around hot surfaces, roads, cars, pool, ponds or other hazardous situations during Your Booking.
6. We do ask that a Guest is honest about how they want to use the Property and that enquires have been made in good faith and as such by making the Booking the Guest warrants that:
(a) Unless specifically stated otherwise at the time of Booking that the Group is within the maximum allowed limits of the property or as agreed in the Conformation; and
(b) The Group is not a Single Sex Group, Stag or Hen Group, not a Corporate Group or a Birthday Party for anybody under 24 unless this has been expressly agreed in writing, and
(c) The Guest is so authorised to make a Booking by all members of their Group and that all other members of the Group agree and accept that use of our services and website is subject to these Terms and Conditions; and
(d) The Guest accepts that it is the sole responsibility of the Guest to make any payment in full whether or not monies have been collected from all members of the Group; and that
(e) That they will adhere to Booking Contract; and
(f) That they will carefully read the house manual on arrival and adhere to such notices as are given
(g) That any Visitors invited onto the Property by the Guest will abide by the Booking Contract and house rules and that any damages caused by such Visitors are the responsibility of the Guest; and
(h) That they have the express permission of The Owner to invite Visitors on site and that any fees relating to this have been paid before the start of the Booking; and
(i) They will report immediately any defects they notice at the Property to the Owners representative (details usually found in the house manual) or otherwise accept that the Property was in good order on arrival and that they will leave the Property in an acceptable state or as covered in the house manual and/or Booking Contract; and
(j) They will not attempt anything dangerous or that they think may hurt others or damage the property nor involve themselves in any illegal activity during the Booking; and
(k) They will not attempt to enter the property at any time other than during their Booking
7. Any restriction on the Guest also operates as an obligation not to permit or allow the mischief contemplated in the restriction.
8. Some properties only allow their own Suppliers on site – please check before you book a Supplier that you are allowed to invite them on site.
9. Damages and loss are covered by the Booking Contract and we will not enter into any discussion or negotiation on this unless at our absolute discretion on a good will basis only.
10. We may charge the Guest for any loss of income incurred, should damage or loss caused by the Guest or his Group or Visitors cause us loss or damages.
11. Failure to arrive at the correct time or on the correct date for the Booking may result in loss of the Booking with no refund or additional fees. We cannot be responsible for this in any way.
12. When a Booking is made we supply all parties with the correct contact details as they are given to us and they are correct at the time of Booking, it is then the responsibility of the Booking parties to notify each other of any last minute changes, emergencies, or different contact details without reference to us.
13. Owners may need to access the Property at any time during the Booking; we are not liable for any loss, distress or damages this may cause as it is beyond our control.
14. The weather may affect the use or enjoyment of the Booking; we are not liable for any loss, distress or damages this may cause as it is beyond our control.
15. We are not liable if the Owner fails to maintain the property correctly, as this is beyond our control.
16. We are not liable if the Guest or Group breaches any conditions of the Booking Contract that results in The Owner asking the Guest or Group to leave The Property early or the Supplier being unable to fulfil part or all of the Booking as this is beyond our control.
17. Unless stated otherwise the Guest should consider the use of hazardous materials, confetti, candles, naked flames and fireworks as well as smoking to be prohibited on the Property at all times.
18. Unless otherwise stated guests should consider 11pm as a reasonable cut off time for any loud noise.
19. Visitors or Suppliers should assure themselves that they have all the necessary insurances, permissions and health and safety procedures in place.
20. We will not be liable or responsible for any lost property.
21. All Properties and Services advertised or quoted are subject to availability and costs and can change without notice. We consider that dates and price are only confirmed when The Property Owner or Service Supplier confirms receipt of the Booking Deposit.
22. It is the responsibility of the Guest to check that all the details noted on the Confirmation are correct and contact us or The Owner or Supplier immediately if You think that there is a mistake. We cannot be liable if The Guest does not fulfil this responsibility.
23. It may be that we send correspondence or notices electronically through e-mail. It is Your responsibility to check Your e-mails regularly. It is Your responsibility to notify us at the time of Booking if You do not wish to receive communication from us in this way, or if You later change Your email address.
24. If the Owner or Supplier chooses to cancel or change the conditions, contract or price of a Booking at any time we will not be liable for this in any way and will not be able to enter into negation for either the Guest or Owner unless at our complete discretion and only on a good will basis.
25. The Guest is responsible for making all payments due in relation to the Booking or any other Services provided. It is the Guest’s responsibility to ensure that all payments are made in full and on time. We cannot be held responsible for any problems or delays in payment or any delays in confirmation that arise from circumstances beyond our control.
26. We advise and request that the Guest contact us or the Owner or Supplier immediately if they believe that they haven’t received full Confirmation of their Booking or receipt of any payment sent.
27. A reminder may be sent to You before any payment is due but it is Your responsibility to ensure that payment is made promptly and without delay on the dates on which payments fall due regardless of if you receive a reminder. Interest may be applicable on unpaid invoices and You may lose Your Booking with no refund.
28. It is Your responsibility to contact us or The Owner immediately if You believe that You cannot make a payment on time. Please ask for confirmation that your notification has been received as we cannot be liable for undelivered notification.
29. If any payment due in relation to a Guest’s Booking is not paid by the appropriate date, we on behalf of the Owner or Supplier are entitled to assume that the Guest wishes to cancel the Booking and cancellation charges of €75 in respect of the administrative work required will apply and be payable to us. We will inform the Guest and Owner should this be the case. Guests may still also be liable to pay the full Booking amount as detailed in the Booking Conditions that You have agreed with the Owner or Supplier and the Guest may also be liable for our fee to The Owner or Supplier for arranging the Booking, this is normally 15% of the total Booking Fee.
30. We may, at our absolute discretion, collect monies on behalf of The Property Owner or Service Supplier. This is only to facilitate The Booking and in in no way constructs or implies a contract or other agreement between us and The Guest. We consider this money to be the property of The Owner or Supplier and will send it to them directly. We may remove our Fee from of this money before we send it to The Owner or Supplier. We will not enter into any negotiation about this.
31. We may, at our absolute discretion, hold monies on behalf of The Property Owner or Service Supplier; this may include but is not limited to the Damages Deposit. This is only to facilitate The Booking and in no way constructs or implies a contract or other agreement between us and The Guest. We consider this money to be the property of The Owner or Supplier and will only release these monies to The Guest when we have been told to do so by The Owner or Supplier or as per our Terms of Supply that exist between us and The Owner or Supplier.
32. We may at any time send the money we have been holding to The Owner without reference or liability to The Guest. We will not enter into any negotiation about this. No interest is payable to the Guest, Owner or Service Supplier in respect of any monies held or paid to us and no credit or interest on monies held will be given.
33. We cannot accept cheques from outside of Ireland under any circumstances and cannot accept Irish cheques less than 6 weeks before the start of the Booking.
34. We reserve the right to pass on any charges we incur for credit card payments to You if we agree to take a payment by credit card.
35. We reserve the right to pass on any bank charges incurred when receiving or sending monies to You, this includes but is not limited to instances where banks may make charges for international bank transfers.
36. Please contact us immediately if You are unsure of the VAT status on a quoted price.
37. We assume that all prices quoted to us are either inclusive of VAT or not VAT applicable unless otherwise stated.
38. We cannot be responsible or liable for any charges, VAT or taxes that are the result of changing government policy – if these are unavoidable You may be asked to pay them in addition to the agreed pricing.
39. You may not set-off against any sums owed to us against any sums due from us. No set-off or deduction or abatement shall be made on the grounds of any alleged shortfall, defect, or failure to conform to description, specification, or any other breach by us whatsoever.
40. Overdue accounts may at our discretion be passed to a debt recovery specialist and a transfer or administration charge will be added to the account. Any fees chargeable or expenses incurred by the debt recovery specialist and us shall be payable in addition to the outstanding amount and any fees or expenses that may have accrued thereon in accordance with these Terms and Conditions. We may charge 8% PA interest on debts to us unrecovered after 8 weeks from date of issue.
41. We shall have no liability in contract, tort or otherwise for death, injury, or loss to Guests, their Visitors, Owners or Suppliers except to the extent that such liability is imposed by law and cannot be excluded or restricted.
F. CANCELLATION AND ALTERATION BY THE GUEST
1. If as a Guest you wish to cancel or alter the Booking please contact us immediately. We will issue an acknowledgement no later than 5 working days after we have received the request so do contact us immediately if You believe that we have not received the request or of we have not responded by then. We cannot be liable if we have not received and confirmed receipt of Your request.
2. Alterations to the Booking requested by The Guest may only be made at the absolute discretion of The Owner or Service Supplier. We cannot alter or effect their decision and any loss or compensation is only as is covered in the Booking Conditions.
3. In the event of any alteration requested by The Guest we may charge an administration fee that will be detailed by us at the time of the request. The Guest may also be required to pay for any additional costs in respect of the alteration. No changes will be confirmed or take effect until all payments are received and have been confirmed in writing by us or the Owner or Supplier.
4. We cannot be held responsible for any problems or delays by reason of circumstances beyond our control. If You think that You have not received confirmation of Your request for changes or payment of said changes please contact us immediately for written confirmation.
5. If The Guest cancels The Booking for whatever reason you will be liable to pay in addition to any costs detailed in the Booking Contract our Fee to The Owner or Supplier for facilitating the Booking. The Owner or Supplier may deduct this from any refund they make to You. This is normally 15% of the total Booking Fee.
G. SIGNIFICANT CHANGES TO A BOOKING
1. In the event that a significant change has to be made to Your Booking and we have been notified by the other party in Your Booking Contract we will attempt to contact You by telephone or email and confirm with a letter if we cannot reach You within 5 working days of notification. Whether or not a change or event is significant is at our absolute discretion.
2. We may at our discretion attempt to seek a new Booking, circumstance, Service, Property or try to obtain a refund for You but we do this on a good will gesture basis only. We consider this eventuality to be covered by The Booking Contract and no compensation, expenses, costs or other sums of any description will be payable to You in such circumstances by us.
3. We are not responsible for the impact of any changes to the locale of the Property and how those changes may effect or change Your use and enjoyment of the Property or the area in which it is situate.
H. APPLICABLE LAW AND JURISDICTION AND RESTRICTION ON ASSIGNABILITY
1. These Terms and Conditions are subject to Irish law. The formation, construction, and performance these Terms and Conditions shall be governed in all respects by Irish Law. Only the Irish courts shall have jurisdiction to decide any dispute arising out of or in connection with the formation, construction or performance of these Terms and Conditions.
2. These Terms and Conditions of Use may not be varied except in writing between the parties.
3. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and Conditions and the remainder of the provision in question shall not be affected.
4. If a sub-clause in any provision of these Terms and Conditions is held invalid or unenforceable this shall not affect the validity or enforceability of any other sub-clause.
5. If any term of these Terms and Conditions shall be found to be void voidable or invalid then that terms shall be severable and shall not affect the enforceability or validity of any other term of the agreement and as such the agreement shall continue in full force and effect.
6. Under Irish law, in accordance with the common law doctrine of privity of contract, a contract cannot be enforceable in favour of or against a person who is not a party to the contract. No person who is not a party to these Terms and Conditions (other than a successor in title to one of the original parties) shall enforce or receive any benefit from any provision of these Terms and Conditions. Nothing in these Terms and Conditions shall confer any rights on any third party.
7. Any waiver of any term or terms of these Terms and Conditions shall not constitute a permanent waiver of any condition so waived or a waiver of these Terms and Conditions.
8. You shall not without our prior written permission assign the benefit of these Terms and Conditions or any part thereof to any other person or company.
9. Spelling, gender pronouns and plural or non-plural forms, or headings do not have a legal effect on these Terms.