TERMS & CONDITIONS
LICENCE TO OCCUPY: IT IS TO BE CLEARLY UNDERSTOOD THAT THESE TERMS AND CONDITIONS CREATE A LICENCE TO OCCUPY AND NOT A TENANCY AND NO SECURITY OF TENURE IS GIVEN OR IMPLIED
Number 14 Woodstock Ltd a company registered in England (registration number 13123003) and whose registered office is at 12 Market Place, Woodstock, Oxfordshire, OX20 1TA (hereinafter known as the 'Licensor') and the individual or company whose name and address was submitted during the online booking process.
1. DEFINITIONS AND INTERPRETATIONS
In this agreement, except where the context otherwise requires, the following terms shall have the following meanings:
Licence Period means from the start date registered in the online booking to the end date registered in the online booking
Licence Fee means the total payment amount specified at the time of the online booking
Deposit means an upfront payment of 30% of the Licence Fee
Electricity Charge means a charge of 35.00 pence per kWh for each kWh of electricity consumed above the included 10 kWh per day which is included in the Licence Fee
Permitted Use means use as a retail shop for the sale of the types of goods specified in the online booking and specifically excluding the sale of all food, any and all goods prohibited by law, and alcohol except where a Temporary Event Notice (TEN) is applied for by the Licensee and granted by West Oxfordshire District Council
Permitted Hours means from 08:00 to 18:00 BST
Premises means the ground floor retail space, the staff only basement space and staff lavatory, at 14 Market Place, Woodstock, Oxfordshire, OX20 1TA including the fixtures and fittings
Services means the supply of electricity for lights and sockets up to 10 kWh per day, cold running water for basement handbasin, and sewerage for the basement lavatory
2. GRANT OF LICENCE
2.1 The Licensor permits the Licensee to use the Premises for the Licence Period for the Permitted Use, during the Permitted Hours.
3. LICENSEE’S COVENANTS
3.1.1 The Licensee shall pay the Deposit for the Licence Period and the Licensee agrees that where the Licensee no longer requires the use of the Premises after the booking has been made and the Deposit paid, the Licensee will not be entitled to a refund of the Deposit;
3.1.2 The Licensee shall pay the balance of the Licence Fee, being the Licence Fee less the Deposit, and the Electricity Consumption Deposit no later than 28 days prior to the start of the Licence Period or where the Licence Period starts within 28 days from the date of this Licence, the Licensee shall pay the balance of the Licence Fee and the Electricity Consumption Deposit at the same time as the payment of the Deposit, and the Licensor agrees that access to the Premises will not be permitted until full payment is received by the Licensor;
3.2.1 no refund of the Licence Fee will be made after the Licence Period has started, even where the Licensee no longer requires use of the Premises for all or part of the Licence Period
3.2.2 at the end of the Licence Period an invoice for the Electricity Charge will be emailed to the Licensee and the Licensee shall pay the invoice online by credit card within 7 days from receipt of the invoice
3.2.3 to read and comply with the information provided in the guest application and in particular the section titled 'Keys, Instructions, and Emergency Contacts. For the avoidance of doubt, the information provided in the application is updated on a regular basis by the Licensor and supersedes all prior information whether provided orally or in writing including via email. The Licensee is responsible for checking the information provided on the start date of the Licence Period to ensure they understand and comply with the current instructions.
3.2 THE LICENSEE SHALL NOT:
3.2.1 USE THE PREMISES OTHER THAN FOR THE PERMITTED USE. FOR THE AVOIDANCE OF DOUBT THE BASEMENT MAY NOT BE USED AS RETAIL SPACE AND CUSTOMERS MAY NOT ENTER THE BASEMENT
3.2.2 SHARE OCCUPATION OF THE PREMISES OR ANY PART OF THEM WITHOUT THE PRIOR WRITTEN CONSENT OF THE LICENSOR
3.2.3 MAKE ANY ALTERATION OR ADDITION TO THE PREMISES WHICH FOR THE AVOIDANCE OF DOUBT INCLUDES WITHOUT LIMITATION ALL TYPES OF PAINTING OF WALLS/FLOORS/CEILINGS, MAKING NAIL OR SCREW HOLES IN WALLS OR CEILINGS, CHANGING OR MOVING PLANTERS OUTSIDE THE PREMISES
3.2.4 REMOVE ANY OF THE POPUP SIGN STICKERS THAT ARE IN THE WINDOWS OR ON THE DOOR
3.2.5 ERECT OR STICK ANY SIGNS AT THE PREMISES WITHOUT THE PRIOR WRITTEN CONSENT OF THE LICENSOR;
3.2.6 USE ANY NAKED FLAMES IN THE SHOP (INCLUDING CANDLES)
3.2.7 SMOKE OR VAPE IN THE SHOP OR ALLOW CUSTOMERS TO SMOKE OR VAPE
3.2.8 WITH THE EXCEPTION OF ASSISTANCE DOGS, NOT TO ALLOW ANY ANIMALS ONTO THE PREMISES
3.2.9 PREPARE OR COOK ANY FOOD ON THE PREMISES WHICH FOR THE AVOIDANCE OF DOUBT INCLUDES USING A MICROWAVE OVEN
3.2.10 CAUSE ANY NUISANCE OR ANNOYANCE TO THE LICENSOR OR TO THE OWNERS OR OCCUPIERS OF ANY NEIGHBOURING PREMISES
3.2.11 ALLOW ANY CUSTOMER TO USE THE BASEMENT LAVATORY
3.3 The Licensee shall:
3.3.1 keep the Premises clean and tidy and make good any damage caused
3.3.2 use the Services only for their intended purpose with such supply being subject to a policy of fair usage. At the start of the Licence Period, the Licensee is required to take a photograph of the electricity meters which clearly shows the readings on each meter and then email the photograph to email@example.com
3.3.3 pay or indemnify the Licensor against all loss or damage caused as a result of the Licensees use of the Premises
3.3.4 pay or indemnify the Licensor against all duties, charges, assessments, impositions and outgoings, which are assessed, charged or imposed upon the Premises or the Licensor as a result of the Licensees use of the Premises
3.3.5 maintain any insurances which are required by law, for example public liability and the insurance of goods stored or sold at the Premises. For the avoidance of doubt, the Licensor maintains building insurance only
3.3.6 pass on any notices or other correspondence received at the Premises and addressed to the Licensor or relevant to the Licensor’s interest in the Premises
3.3.7 allow the Licensor and all others authorised by the Licensor to enter the Premises at any reasonable time for the purpose of ascertaining whether the terms of this agreement are being complied with and for any other purposes connected with the Licensor’s interest in the Premises.
3.4 At the end of the Licence Period the Licensee shall:
3.4.1 clean the Premises including vacuuming the ground and lower ground floors, and cleaning the basement lavatory and sink and floor
3.4.2 vacate the Premises and remove all items belonging to the Licensee, return the keys to the lock box, and return possession to the Licensor
3.4.2 take a photograph of the electricity meters which clearly shows the readings on each meter and then email the photograph to firstname.lastname@example.org
4. WARRANTIES FOR USE OR CONDITION
4.1 The Licensor gives no warranty that the Premises possesses the necessary consents for the Permitted Use.
4.2 The Licensor gives no warranty that the Premises is physically fit for the goods being sold under the Permitted Use.
5. LIMITATION OF LICENSOR'S LIABILITY
5.1 The Licensor's liability is capped at 100% of the Licence Fee paid by the Licensor, and the Licensor is not liable for:
5.1.1 the death of, or injury to the Licensee, its employees, customers or invitees to the Premises; or
5.1.2 damage to any property of the Licensee or that of the Licensee's employees, customers or other invitees to the Premises; or
5.1.3 any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Licensee or the Licensee's employees, customers or other invitees to the Premises.
5.2 Nothing in this clause shall limit or exclude the Licensor's liability for:
5.2.1 death or personal injury or damage to property caused by negligence on the part of the Licensor or its employees or agents; or
5.2.2 any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability
6. TERMINATION RIGHTS
6.1 This Licence may be determined by the Licensor with immediate effect if:
6.1.1 the Licensee shall fail to pay any of the Licence fees;
6.1.2 the Licensee is in breach of any provision of this Licence;
6.2 This Licence may be determined for any reason at the sole discretion of the Licensor by serving notice on the Licensee via email bringing this licence to an end 7 calendar days after such notice is sent. Where the Licence is determined by the serving of notice in accordance with this clause 6.2 and the Licence Period has not started, the Licensor will refund any money paid by the Licensee as a Deposit or as a Licence Fee. Where the Licence Period has started the Licensor will refund the License Fee on a pro rata basis of the remaining Licence Period.
6.3 Termination under this clause 4 does not extinguish any rights of action which either party has for breach of any of the provisions of this Licence.
7. LICENCE NOT A LEASE
7.1 This Licence is a mere personal right for the Licensee to occupy the Premises and shall not be capable of being assigned shared or otherwise disposed of and the Licensee shall not grant of attempt to grant any rights in it.
8.1 The parties agree that a person who is not a party to this Licence has no right arising solely by virtue of the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Licence.
8.2 All notices given under this Licence must be in writing and for the purpose of service the provisions as to service of notices contained in Section 196 of the Law of Property Act 1925 are incorporated in this Licence.