Terms & Conditions of Rental
1. Introduction: These Terms and Conditions of Rental shall extend to all members of the Renter’s party and guests of the Renter. The Renter hereby certifies that he has read and agrees to comply with these Terms & Conditions of Rental in the event that the Renter and Owner confirm a rental booking of Garrykennedy Cottage, Co. Tipperary, Ireland. Bookings will not be confirmed before completion of the Booking Inquiry Procedure and the Confirmation Procedure outlined below.
2. Booking Inquiry Procedure: Renter agrees to submit an accurate and complete Online Booking Inquiry Form. Once received, the property owner will issue a full no-obligation quote (a provisional booking email) to include base rental fee, utilities and cleaning fees. The quote will be customized to reflect the number of persons included in the booking and the specific dates requested. The provisional booking email will document steps to be completed by the Renter if they wish to proceed and confirm the booking.
3. Contract: The rental contract is between the (a) the Property Owner and (b) the person named in the Online Booking Inquiry Form submitted (the “Renter”). The terms and conditions of Rental shall extend to all members of the Renter’s party and guests of the Renter. A contract will be in existence only when the booking is confirmed by the owner via email to the Renter.
4. Confirmation Procedure: Bookings for available dates will be confirmed by the Owner only after receipt of (a) a completed Online Booking Inquiry Form and (b) a non-refundable booking deposit of €500 (Euros) or US dollar equivalent per week booked.
5. Balance Payments: The balance on the Rental fee is payable 3 months before the scheduled date of arrival of the Renter at the cottage. For bookings made less than 3 months before the scheduled date of arrival at the cottage, the full payment of the Rental fee is required before the booking will be confirmed. Should such payment amounts not be received in line with the above the Owner reserves the right to cancel the Rental without further notice and without any refund of booking deposits paid.
6. Cancellation (More than 90 days Notice) : If the Renter wishes to cancel the Rental more than 90 days before the date of arrival (a) renter shall provide written notice of cancellation request to the Owner (via email to info@garrykennedycottage.com) (b) upon cancellation any booking deposit paid shall be forfeited and no refund or credit for the booking deposit shall issue. We recommend that guests consider purchasing trip cancellation insurance that may cover the cost of cancellation should it arise. See details at: http://guarantee.homeaway.com/
7. Cancellation (Less than 90 days Notice) : If the Renter wishes to cancel the Rental less than 90 days before the date of arrival (a) renter shall provide written notice of cancellation request to the Owner (via email to info@garrykennedycottage.com) and (b) upon cancellation any booking deposit paid shall be forfeited and no refund or credit for the booking deposit shall issue and (c) upon cancellation renter remains responsible for the full rental fee and (d) upon cancellation any additional rental fee paid (over and above the booking deposit) shall be forfeited and no refund or credit for same shall issue unless the Owner is successful in re-letting the Rental period in question. We recommend that guests consider purchasing trip cancellation insurance that may cover the cost of cancellation should it arise. See details at: http://guarantee.homeaway.com/
8. Availability: The Rental contract is made on the understanding that the property will be available for the dates booked. In the very unlikely event that the property is not available through events arising outside the control of the Owner (for example, fire, flood, theft or damage) the booking may have to be canceled and the Renter will be advised as soon as possible, and a refund of any monies paid will be made to the Renter. The Renter expressly acknowledges that in no event shall Owner (including his servants and agents) be held liable for any special or consequential damages, which result from this unavailability.
9. Occupancy: The Cottage may be occupied by no more than the number of people indicated on the Online Booking Inquiry Form submitted by the Renter as part of the booking process.
10. Utilities: The Utilities are charged as extra as detailed in the provisional booking email issued in response to each Online Booking Inquiry Form submitted.
11. House Cleaning: The house is cleaned and prepared before each rental by a professional cleaning service. This house-cleaning fee is charged to the guest as detailed in the provisional booking email (issued in response to each Online Booking Inquiry Form submitted). Clean linens, hand towels and bath towels are provided at the property for use during your stay. We do not permit towels or linens to be taken from the property. There is no daily housekeeping service. Daily maid service is not included in the rental rate.
12. Parking: There is plenty of free public parking just in front of the cottage and in the adjoining marina area less than 100 yards from the cottage. You can park in any vacant spot for free. There are no fees for parking and no restrictions or penalties for parking anywhere in the village of Garrykennedy.
13. Security Against Damage Deposit: Renter agrees to keep the property and all furnishings in good order and to only use appliances for their intended purposes. Renter agrees not to remove any item of contents from the property. Although we never anticipate damage or loss to the property or contents, we do require a security against damage deposit of $500 or 350 euros for each booking at the cottage.
(a) If providing your credit card (MC or visa) as security against damage of $500 or 350 euros, an authorization will be taken 7 days before date of arrival but this card will not be charged provided the following: (i) No damage is done to the home or its contents, beyond normal wear and tear. (ii) the departure procedures are completed before you leave the property (iii) All trash is placed in the garbage bins in the outside shed of the property (iv) All charges accrued during the stay are paid prior to departure. (v) No linens are lost or damaged.
(b) If paying the security against damage deposit by check: this check payment of $500 or 350 euros is payable 3 months before the date of arrival. This payment will be refunded to Renter within 30 days of departure provided the following: (i) No damage is done to the home or its contents, beyond normal wear and tear. (ii) the departure procedures are completed before you leave the property (iii) All trash is placed in the garbage bins in the outside shed of the property (iv) All charges accrued during the stay are paid prior to departure. (v) No linens are lost or damaged.
(c) the Owner agrees that small household items (e.g., glasses, cups, plates) broken by the Renter may be replaced by the Renter (before departure) with like items of similar quality where owner is so notified at or before time of departure.
14. Arrival: Normal check-in time at the cottage is on Saturday at 1:00pm. The housekeeper will meet you, give you the keys and get you settled. If you would like to arrive on a different day - or you would like early or late check-in - please let us know well in advance and we will facilitate where possible. The housekeeper will not be at the cottage after 1:00pm on Saturday. In the case of arrival outside of our normal check-in time we will (a) arrange keys so you can let yourself into the cottage and (b) phone you at the cottage or drop by during your stay to make sure that you have settled in and have everything you need.
15. Departure: Check-out is on Saturday before 10:00am unless alternative day and time is agreed via email in advance between the Renter and the property owner. The Renter agrees to (i) leave the house reasonably clean and tidy. No need to vacuum. No need to strip beds. No need do any laundry. (ii) comply with the departure procedures provided at the cottage (iii) remove all garbage from the cottage and place it in the bins provided in the front yard sheds.
16. Garbage Disposal: Please note that covered garbage pails (bins) are provided discreetly in the front yard. Renter agrees to deposit all garbage in the front yard garbage pails (bins) in accordance with the instructions provided at the cottage.
17. Pets and Animals: For reasons of health and hygiene, pets are not permitted at the cottage. For clarity, the Renter specifically agrees not to permit pets or animals of any kind to enter the cottage during the period of rental. Any undeclared pet(s) found in or about the property is grounds for expedited eviction and forfeiture of all monies paid. Having pets in the cottage will result in additional specialist cleaning after departure of the Renter and this expense will be charged against the security against damage deposit provided by the Renter.
18. Non Smoking Property: Smoking is strictly prohibited anywhere inside Garrykennedy Cottage. For clarity, the Renter specifically agrees not to smoke anywhere inside the cottage during the rental period. Smoking inside the cottage is grounds for expedited eviction and forfeiture of all monies paid. Smoking inside the cottage will result in additional specialist cleaning after departure of the Renter and this expense will be charged against the security against damage deposit provided by the Renter.
19. Toilets: Garrykennedy Cottage has 3 modern bathrooms. The toilet plumbing infrastructure includes a septic system, which bio-degrades the waste. This system is typical of rural areas in Ireland and elsewhere in the world. The house is not connected to a public sewer. To avoid blockages and problems with the septic tank system, Renter agrees NOT to flush anything other than human waste and toilet tissue. Renter agrees NOT to flush personal hygiene products or disposable diapers. We provide a waste container beside each toilet for such items. Getting a plumber to fix such blockages is difficult, expensive and can take several days. Renter agrees to make sure that any children or teenagers in the party observe these rules.
20. Showers: The cottage has 2 electric showers. One in the ensuite bathroom and one in a bathroom on the upstairs landing. These electric showers are not common in the US but very common throughout Europe. They provide instant hot showers. EU Construction Law (electric code) mandates electrical wiring such that only one shower can operate at a time.
21. Fireplaces: The cottage has 3 Fireplaces (a) wood burning stove in family room and (b) stone fireplace in the entrance room and (c) fireplace in downstairs bedroom (which is sealed-up and not operational). You are welcome to light a fire in (a) and or (b) but not (c). Renter specifically agrees (i) not to leave a lighting fire in stove or fireplace unattended (ii) not to leave furniture or other flammable items close to the fire and (iii) always to use the fire screen to prevent sparks from the fireplace causing damage and (iv) follow the instructions provided at the cottage on how to use the wood burning stove and fireplace safely.
22. Access for Repairs & Maintenance: The Renter agrees to grant the Owner (and his servants and agents) access to Rental Property for purposes of maintenance and repair should the need for such access arise during the rental period.
23. Travel Insurance: The Renter agrees that the Owner is not responsible for loss or damage to valuables or personal property belonging to the Renter or the Renter's party. We recommend that all Renters consider purchasing insurance cover (including cancellation insurance) in relation to their vacation in Ireland.
24. Conditions of Use: The Renter agrees to (a) keep the Premises and contents as clean and safe as the condition of the Premises permit, and cause no unsafe or unsanitary conditions on the Premises; (b) dispose of all ashes, rubbish, garbage, and other waste in a clean and safe manner; (c) keep all plumbing fixtures in the Premises or used by the Renter in working condition and as clean as their condition permits; (d) not deliberately destroy or negligently destroy, deface, damage, or remove any part of the Premises or contents or render inoperable the smoke detectors, heat detectors or security cameras provided by the Owner, or knowingly permit any person to do so; (e) be responsible for all damage, defacement, or removal of any property inside the Premises that is in Your exclusive control (f) notify the owner via email (to info@GarrykennedyCottage.com) of the need for any replacement and or repairs. Renter agrees not to use the Premises for any activity or purpose that violates any criminal law or governmental regulation. Your breach of any duty contained in this paragraph after commencement of tenancy shall be considered material, and shall result in the termination of your tenancy with no refund of rent.
25. No Commercial Use: The Renter agrees not to use the Premises for any commercial activity or purpose that violates any criminal law or governmental regulation. Renter’s breach of any duty contained in this paragraph shall be considered material, and shall result in the termination of Renter’s occupancy with no refund of any kind.
26. Age & Use Limitations / No Subletting: The Renter hereby certifies that he/she is 25 years of age or older. No fraternities, school, civic or other non-family groups are allowed unless Owner grants prior approval. Weddings, wedding receptions and group events may not be held at the property without prior written approval (via email) by the owner. In no event shall Renters assign or sublet the Rental Property in whole or in part.
27. Risk and Responsibility: The Renter agrees that the Owners and their employees and or agents are not liable for any accident, injury, illness, loss or damage sustained by any person or persons on the premises or its facilities, whether arising under the express or implied terms of any rental agreement, or at Common Law (including any negligence of the Owners, their employees or agents) or in any other way whatsoever. The Property owners are not responsible for the loss of personal belongings or valuables of the guest. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. The exclusion of the implied terms contained in the Sales of Goods and Supply of Services Act 1980 is subject to the provision of Section 40 of the said Act. The Renter agrees that in the event of breach of contract on the part of the Owners, their employees and or agents, any loss and/or damage, including consequential loss sustained by the Renter shall be limited to the sum paid by the Renter to the Owners. The Renter also agrees to indemnify Owner (including his servants and or agents) from and against liability for injury to Renter or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the home, its contents, its equipment including but not limited to baby equipment, etc. except only such as a personal injury caused by the grossly negligent or intentional acts of Owner.
28. Security: The property has a security system installed. This system is in place to help keep you, your possessions and the house safe and secure.
29. Rural Life: The Renter acknowledges that in rural village locations like Garrykennedy, many locals earn their living by farming and other local service activities. Work hours may include late evening and early mornings. Please be patient if you encounter this (e.g., sheep on the road when touring) - it's all part of the Irish Experience !!
30. Contact Info: In the event of any problem arising in relation to your stay at the property, please contact the Owner immediately (a) by telephone at +1(646) 789-5187 or (b) via email to info@GarrykennedyCottage.com
31. Website Edits: The Renter acknowledges that changes may be made in the particulars on this website and associated and rental documentation and that in this event we will notify any guests effected before the commencement of their stay. We would appreciate being told of any discrepancies or errors of description so that these can be corrected.
32. Breach of Terms & Conditions: Violations of the Terms & Conditions of Rental are grounds for expedited eviction with no refund of any kind. The Renter hereby acknowledges and grants specific permission to the Owner (and his servants and agents) to enter Premises at any time for inspection purposes should the Owner (or his servants and agents) reasonably believe that the Renter (a) is causing or has caused any damage to the Rental Property, or (b) is breaching or has breached the Terms & Conditions of Rental.
33. Termination: The Renter agrees that the Owner (including his servants and or agents) may terminate this Agreement upon the breach of any of the Terms and Condition of Rental by the Renter. The Renter shall not be entitled to the return of any rental paid under the terms of this Agreement and shall vacate the Property immediately.
34. Jurisdiction: This Agreement shall be governed by and construed in accordance with the law of Ireland (excluding Northern Ireland). The parties submit to the exclusive jurisdiction of the courts of Ireland (excluding Northern Ireland). In all and any contracts for Rental both the Owner and the Renter agree to be bound by all the terms and conditions of Rental. Any amendments must be confirmed via email by both parties. In the event of a dispute, legal action may only be instituted in Ireland (excluding Northern Ireland). If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
35. Agreement to Terms & Conditions: Agreement to the Terms & Conditions of Rental must be e-signed on this website by ticking the agreement box on the Online Booking Inquiry Form. The Owner and Renter both acknowledge that the Online Booking Inquiry Form is programmed in such a way as to require confirmation of agreement with the Terms & Conditions of Rental before an Online Booking Inquiry Form can be submitted to the Owner.
