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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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I would like advice as to legal communications to members of

Customer Question

I would like advice as to legal communications to members of the public for a self catering holiday property in Cornwall. The property is a new build and this is my first experience trading in this sector. What would be my best approach, other than consulting a holiday letting agent, to get the legal requirements in place? Terms and conditions of let, handling tariff, refund, contract with the customer for instance. Health and Safety I have covered.
Many Thanks.
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
The advertising side in one sense is fairly straight forward. As long as you do not put anything misleading in your website or material you should should not have a problem. If you are going to have online bookings then the most important thing is to cover cancellation rights if any and make sure that is clear. You should add the license /holiday let terms to the website aswell so the booking terms are clear.

It is not practical to provide sample terms through this website which is for questions and answers but there are plenty of websites that will provide you with a template. one example is this one.http://www.homeaway.co.uk

I would get your documentation reviewed by a local solicitor if you can.
Customer: replied 4 years ago.

Thank you for your response. I need clarification on the following please ...


 


I do not really wish the property to be used by children (particularly babies and infants with the risk of them urinating and drawing on the smart furnishings) Can I advertise that the property is unsuitable for children without legal redress? Can I put "..to gain access to the property, it is up one flight of stairs and therefore this property might prove unsuitable for some people...." without offending anybody with disabilities ?


 


 

Expert:  Senior Partner replied 4 years ago.
Unfortunately you can neither ban children unless you have objective evidence to justify it nor refuse disabled person and you have to take reasonable steps to provide access. However your suggestion of making a full disclosure of the issues is perfectly legitimate. If there is flight of stairs for example and it is not reasonable to provide a lift them you can certainly say that it is not suitable for some people. Equally you can make it clear that customers will be held responsible for damage to the property and it is not recommended for children under a certain age.
Customer: replied 4 years ago.

Thank you again.


 


It is not possible to install a lift or chair lift without major expense which would defeat the object of running the business.


 


If I list that there is limited access due to one flight of stairs and say there are no facilities for infants and babies would this be legal? Surely I don't have to provide cots and high chairs?

Expert:  Senior Partner replied 4 years ago.
All of that should be fine. No you are not obliged to provide additional kit for babies.

Customer: replied 4 years ago.

I think I lost connection with you as there was no response to my last question or message to say you were working on it.


My last question was along the lines of can I advertise a profile of guest that the property would be ideally suited to? For instance ..."ideally suited for a romantic get away or for anybody seeking warm, modern, elegantly styled accommodation within easy reach of the coastal cliff path and approximately four miles from the Eden Project..."?

Expert:  Senior Partner replied 4 years ago.
Hi, We are not online all the time, it is not a real time service. Most experts are practising lawyers are in and out.

Anyway you can certainly suggest that it would suit certain types of people.

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