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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I just received a county court claim form.I live overseas but

Resolved Question:

I just received a county court claim form.I live overseas but rent my home as a holiday home. The claimant also lives over sea's.The claim is from a british court because the holiday home is in britain but the claimant and owner of property both live outside etch country. Is this claim in or out of jurisdiction?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help with this.

Alex Watts :

Was there a contract please?

Customer:

Yes there is a rental agreement and i will post it hear?

Customer:





















Tower House rental Agreement














Thank you for choosing the Tower House for your vacation destination. Please read through this agreement and return it by email.

If you have any questions pertaining to the agreement please email "*****@******.***" or telephone:

Rachel [ Manager ] - 480-729 1552 [ usa cell phone].

This rental agreement can be completed online and emailed back by simply forwarding the email and completing it.

It does not have to be sent in the post. Your signature is not needed providing that

this agreement is sent from the same email address that was used on your original inquiry.

PERSONAL INFORMATION:


ARRIVAL DATE September 11, 2014

ARRIVAL TIME flight from Denver arrives Heathrow at 11 a.m. Maybe 2 hours to pick up rental car and arrive at house?

DEPARTURE DATE September 14, 2014

DEPARTURE TIME noon

NUMBER OF DAYS/ WEEKS YOU ARE RENTING FOR: 3 days

YOUR FULL NAME Frances and ***** *****

YOUR ADDRESS 6711 East Jamison Place, Centennial, CO 80112

HOME TELEPHONE 1 -(###) ###-####(U.S.)

























































WORK TELEPHONE 1 -(###) ###-####(U.S.)

























































CELL PHONE 1-(###) ###-####/div>
EMPLOYER BCIT


























































YOUR EMAIL *****@******.***

YOUR CELL NUMBER ON VACATION

















1-(###) ###-####/div>


















NAME OF PERSON TO CONTACT IN THE EVENT OF AN EMERGENCY? ***** *****

CONTACT TELEPHONE NUMBER OF ABOVE PERSON 1 -(###) ###-####(U.S.)



















CONTACT EMAIL ADDRESS OF ABOVE PERSON: *****@******.***


















PLEASE PROVIDE YOUR DRIVING LICENSE NUMBER IF HIRING OUR PASSENGER VAN:....................................…..N/A





































PLEASE PROVIDE YOUR INSURANCE POLICY DETAILS IF HIRING OUR VAN......





































OTHERWISE PLEASE PROVIDE EITHER YOUR PASSPORT OR S.S. NUMBER: happy to provide by phone, not by unsecured email (Yahoo)





































NAMES AND AGES OF GUESTS IN YOUR GROUP: Richard and Donna Pordes, Anatol Pordes and girlfriend Chrystelle, Ilse Pordes, Michael and Ben Phillips (11 yrs).




















PETS ? [ Will need approval of the manager] no

SPECIAL REQUIREMENTS NECESSARY FOR THE DURATION OF YOUR STAY? no

DO YOU OWN A VACATION RENTAL? IF SO PLEASE STIPULATE YOUR VRBO LISTING own rental properties (long-term) NO:...................................

HOUSE POLICIES:


1. CHECK IN TIME - After 5pm. CHECK OUT TIME - no later than 11 a.m.Exceptions can be made under certain circumstances and providing that the home is prepared.

2. This is a non smoking property. Smoking is strictly permitted in the outdoor area's where ashtray's are provided.

3. Specific pets may be permitted by direct arrangement with the manager.A pet cleaning and re sanitisation fee is required

for all guests that bring a pet.

4. We do not enter into rental agreements with anyone under the age of 21 years.

PAYMENT REQUIREMENTS:


An initial payment of 50% of the rental fee is required at the time of booking the reservation.

The security deposit must also be paid by credit card at the time of your reservation in a seperate transaction.

There is a section below where you will submit your permission for the security deposit to be charged.

The balance is due 45 days prior to your arrival . For reservations made less than 45 days prior the entire fee is due in full.

PAYMENT METHODS:


Direct bank transfer :


We bank with LLoyds PLC in the U.K. and with Chase manhattan or Bank of America in the USA.If you select payment by direct bank transfer please let us know and we will supply you with account details.


Pay pal :


We are verified Pay Pal merchant account holders. Our Pay Pal address is the same as our email address: "*****@******.***".Please note that Paypal E checks do not incur service charges.

Guests are responsible for all service charges that are incurred via paypal or credit card transactions.

Credit cards :


We accept American Express. Mastercard.Visa. Euro card.If you select payment by credit card please fill in your credit card details below.

For security reasons you must send your 4 digit [ american express ] or your 3 digit [ all other cards ] security code in a SEPERATE email to *****@******.***.


Checks :


We can accept personal checks if your arrival date is 7 weeks away from the time of booking this reservation.

Please ask us for details if this is your preferred payment method.




Security Deposits:


A FULLY REFUNDABLE security deposit is required in the amount of 500 uk pounds or 700 usa dollars.All security deposits are required to be paid seperately

from rental fees and are payable by credit card.

Your security deposit will be returned to your credit card at the end of your stay.

Please note that this fee is fully refundable within 7 days of your departure providing that the following conditions are met:

1. No damage is done to the home or it's contents beyond normal wear and tear.

2. No unpaid charges are incurred due to services rendered during your stay such as dvd / films ordered, recycling charges, garbage disposal, telephone usage.

3. All linens/ towels/ house inventory is accounted for.

4. All keys, fobs , and electronic security gate devices are returned and left at the property prior to departure.

5. Noise and parking policies followed and there are no complaints from neighbors.

6. There are no additional guests staying at the property that were not listed on the rental agreement.


IN ESSENCE -YOUR DEPOSIT WILL BE RETURNED PROMPTLY BY LEAVING THE PROPERTY AS YOU FOUND IT.{ We will happily launder the sheets, blankets, and thoroughly clean the property }.

CANCELLATIONS:


A FULL REFUND of any fee's paid [ minus a 15% administration/ re booking charge of the total rental ] will be given providing that 45 days cancellation notice is given by email. In the event that less than 45 days is given, a refund will only be given if we manage to re book your dates. Cancellation/ trip insurance is highly recommended.

MAXIMUM OCCUPANCY:


10 guests unless by prior arrangement with the manager.

FALSIFIED RESERVATIONS:


Any reservation obtained under false pretense will be subject to forfeiture of advance payments and the party will not be permitted to check in.No Parties

or large group gatherings are permitted at the property without written consent of the manager.If additional guests or parties occur at the property without

agreement /prior written consent you may loose your security deposit and/ or be required to vacate the property.

PARKING:


Parking is limited to 3 cars unless agreed otherwise prior to arrival.ONE car is permitted to park inside the electronic gates. TWO further cars may park in front of the garages belonging to the property.

ACCIDENTS:


The owners are not responsible for any accidents , injuries or illnesses that occur at the property , it's facilities, grounds nor for the loss of personal items or valuables

belonging to guests.

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 premises.

I HEREBY AGREE THAT ALL RENTAL FEE'S ARE NON REFUNDABLE PER CANCELLATION POLICY ABOVE.

BY ENTERING MY NAME AND EMAIL ADDRESS BELOW, I AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

NAME.. .Frances and ***** *****..........EMAIL .... *****@******.***

RENTAL FEE'S:


TOTAL RENTAL AMOUNT........475 x 3 = 1425 pounds

CLEANING/ LAUNDRY FEE....... 250

PET CLEANING/ RE SANITISATION FEE....... N/A

EXTRA GUEST FEE'S APPLICABLE................. NO

EXTRA WEEKLY CLEANING FEE'S APPLICABLE...................


REFUNDABLE SECURITY DEPOSIT................. 300 pounds

TOTAL OF RENTAL/cleaning and security deposit= 1975

50% OF RENTAL FEE...... ................NOT APPLICABLE if less than 45 days prior to arrival

PLEASE ADD THE TOTAL AND STIPULATE YOUR METHOD OF PAYMENT BELOW I.E. CHECK, C.C. PAY PAL, BANK TRANSFER

THE METHOD BY WHICH I WILL PAY IS:............................................MasterCard...........................................

IF YOU SELECT TO PAY BY PAY PAL - WHAT IS YOUR PAYPAL ADDRESS?...............

IF YOU SELECT TO PAY BY CHECK- WHAT IS THE NAME ON THE CHECK?................................................…..Frances Pordes (Barclays check).....................

IF YOU SELECT TO PAY BY BANK TRANSFER- PLEASE SEND US AN EMAIL AND ADVISE WHICH BANK YOU WANT TO TRANSFER TO AND WE WILL SEND YOU THE APPROPIATE BANK DETAILS.

ALL SECURITY DEPOSITS ARE PAID BY CREDIT CARD AND RETURNED TO THE SAME CARD.PLEASE INCLUDE THE DETAILS EXACTLY AS THEY APPEAR ON YOUR CARD.

WHAT TYPE OF CARD DO YOU WANT TO PAY WITH... ...............………Visa.........

NAME AS IT APPEARS ON YOUR CARD WITH ANY MIDDLE INITIALS. ......

EXPIRY DATE.. .........….03/2015.......

ADDRESS THAT CARD IS LINKED TO [ IF DIFFERENT FROM THE ABOVE ADDRESS PROVIDED ON THIS RENTAL AGREEMENT ].........…..6711 East Jamison Place, Centennial, CO 80112.....

...........................................................................................................................................................................................................

CARD NUMBER ...…..happy to provide cc number by phone while overseas I can be reached on U.S. number 1(###) ###-####...... or I can call you once I return to the US mid July

PLEASE SEND YOUR 3 OR 4 DIGIT SECURITY CODE ON THE BACK OF YOUR CARD IN A SEPERATE EMAIL AFTER YOU HAVE TRANSMITTED THIS AGREEMENT.
















Alex Watts :

Ok - but was the contract concluded in the uk?

Customer:

The rental agreement's are completed online. The family that rented the holiday home arrived at the property and decided they didn't want to stay and so they left and stayed in a hotel .

Customer:

I am not sure about your question -Concluded?

Customer:

They then asked for a refund of their rent back but the rental agreement has a cancellation policy which excludes turning up and canceling. When i reminded them of this fact they returned to the property the following day and tried to break into the house . That is why this claim has escalated.

Alex Watts :

Ok - I think based on the fact its not a UK agreement, its not concluded in the UK and the fact you are both out the UK means it is not a UK claim

Alex Watts :

Therefore on that basis I think you can contest jurisdiction

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So, what court would be the correct court or jurisdiction. Renter resides in USA. I reside inFrance.

Customer:

There is one other matter.whichever court hears this case - the customer cancelled the contract in favor of staying in a hotel but since they didn't cancel with correct notice period and did not get their money back ,they changed the story to they did not cancel, it was me that cancelled. There is no evidence i can provide to back up the truth.

Alex Watts :

I would say France.

Alex Watts :

I can't advise on French or UK law.

Alex Watts :

But I would say France is the jurisdiction - not the UK

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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