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The Sunday Tribune, Ireland

Swell Terms & Conditions – Gatsby House

Download as a Word document: Gatsby House Terms & Conditions


The terms and conditions set out here (“Terms & Conditions”) form the basis of the agreement between you (the “Guest”) and Swell Group International of 1 Brock Street, Bath BA1 2LN, UK (“Swell”) for the holiday rental of the property named in the Booking Form (the “Property”) for the specified duration of the visit (the “Holiday Period”).

First Payment

To reserve the Property, the Guest shall complete and sign the Booking Form and return it together with a payment of 50% of the holiday rental fee (the “First Payment”). Following receipt of the First Payment, Swell will send a letter of confirmation to the Guest which constitutes formal acceptance of the booking on the terms and conditions herein.

Second Payment

The balance of the holiday rental fee (the “Second Payment”) shall become due 6 weeks before the first day of the rental (“Start Date”). If this is not received on time, Swell reserves the right to give notice in writing (which shall include email) that the booking is cancelled and, subject to Clause 4, reserves the right to retain the First Payment.

Cancellation by the Guest

Should the Guest decide to cancel the reservation more than 6 weeks before the Start Date, the Guest shall be entitled to a refund of the total amount paid less a 15% administration charge. This is based on the expenses and charges incurred by us during the course of the booking.

Should the Guest cancel the reservation less than 6 weeks before the Start Date, the Second Payment remains payable. If Swell is able to re-let the Property, Swell will refund to the Guest the amounts paid by the new guests, less an administration charge of 15% of the monies paid by the Guest.

Any cancellation by the Guest must be received in writing to Judith Jones, Swell Group, 4 Willowbrook Grange, Chellaston, Derby DE73 4RP or by email to bek@swell-group.com.

Other Cancellations

Swell reserves the right to cancel the booking any time in the event of circumstances beyond the reasonable control of Swell or if it is necessary to undertake essential works at the property. In such unlikely event, Swell will refund in full all monies paid by the Guest and will endeavour to find alternative accommodation for the Guest. Swell will not be liable for any loss, damage or inconvenience caused or suffered by the Guest as a result of such a cancellation.

Party Size

The Guest undertakes that the maximum number of persons to reside in the Property must not exceed the number stated on the Booking Form, unless Swell has given prior written permission.

Damage caused by Guest

The Guest undertakes to keep the Property and its contents in the same condition and repair as on their arrival at the Property and to pay to Swell upon written demand any costs incurred in making good any loss or damage to the Property or its contents caused by the Guest’s action or omission, whether accidental or not, or that of any other guest accompanying the Guest. The Guest agrees to allow anyone authorised by Swell to enter the Property during the Stay. Swell agrees to give the Guest reasonable notice of such a visit except in an emergency when immediate access must be allowed.

Security Deposit

A security deposit of €500 (“Security Deposit”) is payable at the same time as the Second Payment. This is returnable in full provided:

there has been no damage to the Property or to any of the furniture, linen, bathrobes, carpets, curtains or any other furnishings, fixtures and fittings;

the provisions regarding departure of the guest as set out in Clause 10 are adhered to; and there has been no smoking in any of the rooms.

Where there has been a breach of a) and b) above, a proportionate deduction will be made from the Security Deposit. Where there has been a breach of c), a charge of €100 per room will be levied to cover the cost of cleaning the curtain, carpets and linen.


Neither the Guest nor anyone associated with the Guest shall acquire any rights whatsoever over the Property excepting occupation only as a holiday let for the period booked. The Guest shall not sub-let the Property.

Departure of Guest

The Guest agrees to ensure the Property is left in a clean and tidy condition on departure at the end of the Stay and that all rubbish is disposed of. Swell may make a charge for any additional cleaning if this is considered necessary. The Guest also agrees to leave promptly on the day of departure at the pre-arranged time.


The Guest undertakes not to publish photographs of any of the Properties either in printed form or on the internet without the prior written consent of Swell.

Swell’s Right to Refuse/Terminate

Swell reserves the right to refuse any booking. Swell also reserves the right to terminate this agreement and ask the Guest and those accompanying the Guest to leave immediately if this is deemed necessary by Swell as a result of the Guest’s behaviour or that of any of those accompanying the Guest.

Defects in Property

The Guest undertakes to report to a Swell representative, as soon as possible, any defects in the Property or any defects in the equipment or appliances in the Property and arrangements for repair or replacement will be made by Swell at the earliest opportunity.


If the Guest has any cause for complaint during the Stay, he/she undertakes to notify either the Swell representative met at the beginning of the Stay or the Swell representative who arranged the booking with the Guest. The Swell representative in question will make all reasonable efforts to assist and resolve the issue. Swell will not normally make any refund or other recompense in respect of a complaint made after departure if the complaint was not made known to a Swell representative during the Stay.

Internet Blackmail

Swell operates a zero tolerance policy towards internet blackmail. Any attempts or threats to publish, whether in print or on the internet in the form of online reviews, which are designed or could reasonably be assumed to be designed to extract some form of concession, whether monetary or otherwise, will be treated seriously. Guests publishing any online material should ensure that the information is accurate and truthful so as not to contravene the laws of libel of England and Wales.

Considerate Use of Property

The Guest undertakes not to use the Property for any activity or in such a way as to cause nuisance or annoyance to any neighbouring properties and in particular that no music be played at any time at a level likely to cause nuisance or annoyance to neighbouring properties.


Swell shall not be liable to the Guest:

for any temporary defect or stoppage in the supply of public services to the Property beyond Swell’s control;

for any loss, damage, or injury which is the result of adverse weather conditions, riot, war, strikes or other matters beyond the control of Swell;

any loss or damage to any motor vehicle or its contents; or

for any loss or damage to any of the Guest’s belongings or for any injuries sustained by the Guest or the Guest’s party unless caused by the negligence or default of Swell and brought to our attention in writing within one month of your return from holiday.

Guest Mobility / Special Needs

The Guest undertakes to make known to Swell if they or any of their party has any difficulties with stairs, using conventional showers and baths or if they have any particular allergy or other medical or mobility issue.

Travel Insurance

It is strongly recommended that the Guest holds a valid travel insurance policy that covers:

medical and personal liability;

liability for any cancellations for whatever reason where any cancellation is outside the time period set out in Clause 4; and

liability for loss of luggage, monies and repatriation.

Swell will not compensate the Guest or waive any of its rights under this agreement by the Guest’s failure to take out travel insurance.

Data Protection

All personal data provided to Swell will be kept safe and Swell will not share it with other organisations, unless required by law to do so.


Smoking is not permitted inside the Property;

Reference to the “Guest” in this Agreement shall also include reference to any members of the Guest’s party or any other person invited onto the Property by the Guest or any of his party;

Pets are not permitted on the Property;

No camping is permitted on the Property grounds; and

In the event of a dispute it is agreed that this contract shall be governed by English law.