All,
Has anyone here ever actually enforced or tried to enforce anything in a long written agreement? Does it actually help?
If someone wrecked one of our houses I guess I'd threaten to sue them even without a contract. Do you really ask to see the persons insurance document before letting them into the property?
In 4 years of renting we have never had any terms, conditions, booking form or anything else and it hasn't caused any problems - our biggest concern is usually whether to keep some security deposit (which we do always insist on) when someone leaves the house dirty (we always actually get cross on the day, then forget about it and give the deposit back anyway, because the possibility of a referral is worth more to us than a few pounds on the day).
Statements like 'Under no circumstances shall the owner’s liability to the Client exceed the amount paid for the rental period.' or 'No responsibility can be accepted for injury to a user or visitor and loss or damage to the user’s or visitor’s belongings.' don't sound completely plausible to me. That's why we ahve to have 3rd party insurance, isn't it? If a roof tile falls on their car I'd pay for it to be repaired even if it cost more than their holiday, and can you really deny responsibility for injury to a visitor? If they fell through a woodworm eaten staircase and were seriously injured, I don't think the courts would be imressed by terms and conditions saying you weren't responsible.
Just wondered because I think I wouldn't book a holiday if I was presented with a list of terms and conditions like that...
Marcus
Legality of contracts
Clexane,
It is far too complicated a subject to go into here, but there is no necessary connection between the domicile of an individual and that individual's "right" to be a party to a contract subject to English law. Now, the "domicile" - or place - where the contract is executed is another matter....
I'll bet you an 88% cocoa-fat chocolate bar that KPMG didn't tell you in writing that only persons domiciled in the UK could form a contract subject to English law.
It is far too complicated a subject to go into here, but there is no necessary connection between the domicile of an individual and that individual's "right" to be a party to a contract subject to English law. Now, the "domicile" - or place - where the contract is executed is another matter....
I'll bet you an 88% cocoa-fat chocolate bar that KPMG didn't tell you in writing that only persons domiciled in the UK could form a contract subject to English law.
Best,
Alexia.
Alexia.