CAMELOT PROPERTY MANAGEMENT LTD – Terms and Conditions
PARTIES:
(1)
“Camelot”
CAMELOT PROPERTY MANAGEMENT LIMITED
Company No 419463 Office: Unit 8, Century Business Park, Finglas, Dublin 11
(2)
“Guardian” or “Licensee”
The person specified in the Particulars
1 Definitions and Interpretations
1.1 Definitions
In this Agreement:
‘Deposit’
means the sum specified in the Particulars
‘Licence Fee’
means the sum specified in the Particulars
‘Licence Period’
means the period commencing on the date hereof and expiring on expiry of a Termination Notice
‘Owner’
means the owner of the Property from time to time
‘Property’
means the Property described in the Particulars
‘The Entire Property’
means all buildings and land at the address given on the front page of this licence.
‘Regulations’
means such (if any) regulations and/or directions as Camelot shall from time to time issue in relation to the Guardian’s use and occupation of the Property
‘Termination’
Four weeks for termination notice for both parties except as provided in clauses 7 &10 below
“Shared facilities”
All areas within the property that are usually equipped for common use such as for example (but not limited to) hallways, parking areas, stairways, corridors, kitchen, toilet and bathroom facilities
‘Guardians’
means the Guardian and such other persons as Camelot may from time to time authorise to share the Living Space with the Guardian
“Safety Pack”
means a fire extinguisher, a single point smoke detector and a fire blanket.
“Gross Misconduct”
has the meaning given to it in clause 10 below.
“Termination”
means the coming to an end of this agreement, whether because the Licence Period expires, or this agreement is terminated before then in one of the ways set out in clause 4 below, or for any other reason.
1.2 Interpretation
1.2.1 The clause headings do not affect the construction of this agreement and any reference to a clause not otherwise attributed is a reference to a clause of this agreement
1.2.2 Words of one gender include all other genders and any reference to a person includes a reference to a company, authority, board, department or other body
1.2.3 Any obligation on a party to do any act or thing includes an obligation to procure that it is done and any obligation not to do any act or thing includes an obligation not to permit the doing of that act or thing
1.2.4 Any consent, approval, authorisation or notice required or given under this agreement will only take effect if given in writing
1.2.5 Where this agreement provides that something may not be done without Camelot’s prior written consent, then:
- Camelot may give or withhold consent, or give consent subject to conditions, in its absolute discretion
- If that thing is done without Camelot’s prior written consent, the Guardian will, at Camelot’s request, take all actions necessary to restore the position to that which existed before that thing was done. If not restored by the guardian upon request then Camelot will restore the position to that which existed before that thing was done and charge the full cost to the guardian.
- Recitals
2.1 Camelot provides services to property owners to secure premises against trespassers and protect them from damage (among other things) and has agreed to provide such services to the Owner in respect of the Property
2.2 To enable Camelot to provide those services the Owner has agreed that during the period permitted by Camelot’s agreement with the Owner Camelot shall be entitled to grant temporary non exclusive licences to share occupation of the Property which do not confer any right to the exclusive possession of the Property or any part of it
2.3 Camelot is not entitled to grant possession or exclusive occupation of the Property or any part of it to any other person. It merely has the power to grant licences for non-exclusive occupation of the Property.
- Declaration
The parties agree that this agreement is not intended to confer exclusive possession upon the Guardian nor to create the relationship of landlord and tenant between the parties and the Guardian shall not be entitled to an assured tenancy or a statutory periodic tenancy under the Residential Tenancies Act 2004 or to any other statutory security of tenure now or upon the determination of the Licence
This licence is subject to satisfactory references from your current employer and if required from all other employers and unemployment offices and referees
It is mandatory to pay an administration fee of €75 and it is mandatory to purchase a safety pack for €75 prior to occupation. The safety pack will be fitted into the room prior to occupation and must not be removed until the property is vacated. The safety pack consists of a fire blanket a smoke detector and a fire extinguisher.
- Sharing agreement
Camelot gives the Guardian personal non-assignable permission to share the occupation of the Property during the Licence Period with such other persons as Camelot may nominate from time to time
The Guardian shall not assign to any third party his permission to share the Property. The Guardian shall not grant to any third party a sub-licence to share the Property.
Camelot gives the Guardian permission to share the occupation of the Living Space with such other persons as Camelot may from time to time designate, provided that there is always enough Living Space to provide at least one room for each of the Guardians who are authorised to share the Living Space.
This permission will last for the Licence Period or until Termination of this agreement if that happens before the end of the Licence Period.
Camelot may alter the extent and location of the Living Space within the Property at any time on reasonable notice, provided that there is always enough Living Space to provide at least one room for each of the Guardians who are authorised to share the Living Space.
This agreement does not give the Guardian a right to use any specific room within the Living Space. It is for the Guardians to decide where each Guardian is to sleep (subject to the terms of this agreement). However, Camelot must be kept informed of which room each of the Guardians are sleeping in within the Living Space. For example, if Camelot finds that someone has been smoking in a room, Camelot needs to be able to identify the person sleeping in that room for reasons of key management and compliance with I.S. 999.
Within 24 hours of signing this agreement, the Guardian must inform Camelot which room the Guardian will be sleeping in. If there is any subsequent change in the room which the Guardian is sleeping in at any time, the Guardian must inform Camelot immediately.
The Guardian will pay for any damage to the room he is sleeping in. Once the Guardian has informed Camelot which room the Guardian is sleeping in, the Guardian will remain responsible for any damage to that room unless and until he informs Camelot that he has moved to a different room. From that time, the Guardian will become responsible for any damage to the new room.
This agreement gives the Guardian no right to use any part of the Property other than the Living Space.
- Licence Fee and Deposit
The Guardian shall:
5.1 Pay to Camelot the Licence Fee in advance on the 1st day of each calendar month for the following calendar month during which this agreement subsists
5.2 In the event of late payment of the Licence Fee, an additional 10% late payment charge shall be paid by the Guardian to Camelot on all outstanding monies.
5.3 If required by Camelot make payments to Camelot by banker’s order direct debit or credit transfer to a bank account in Ireland nominated by Camelot
5.4 Pay to Camelot the Deposit on the date hereof which Camelot will return no later than three (3) months following vacation of the Property by the Guardian at the determination of this agreement subject to deduction of a fair amount to compensate Camelot for any damage or losses occurring through breach of this agreement
5.5 Following Termination of this agreement, Camelot will repay the Damage Security Payment and any part of the Licence Fee that relates to a period following Termination on the following terms:
5.5.1 Repayment is conditional on the Guardian returning to Camelot all keys and all Camelot property for which the Guardian is responsible.
5.5.2 Camelot will organise an inspection of the Property within two months following the later of the vacation of the Property and the return of all keys by the Guardian.
5.5.3 Save for Termination pursuant to clause 7.2 below, within one month after that inspection, Camelot will make the repayment, but subject to the deduction of any sums due to it under this agreement, and a fair amount to pay for any damage or losses occurring through breach of this agreement.
5.5.4 Where Termination is pursuant to clause 10 below, within 3 months following the later of the vacation of the Property and the return of all keys by the Guardian, Camelot will make the repayment, but subject to the deduction of any sums due to it under this agreement, and a fair amount to pay for any damage or losses occurring through breach of this agreement.
5.6 If the Guardian fails to cancel the standing order or direct debit for the payment of the Licence Fee after Termination of this agreement, then Camelot will repay to the Guardian any amounts paid in respect of a period after Termination, but will be entitled to deduct an administration fee of €75.00.
- write to the Guardian notifying them of any interest due pursuant to and will be entitled to charge an administration fee of €75.00 for so doing; and
- send up to 3 reminders by SMS to the Guardian’s mobile telephone number set out in the Particulars and will be entitled to charge an administration fee of €5 per SMS.
- Regulations keys and access
6.1 It is hereby expressly acknowledged by the Guardian that the keys to the Property have been made available subject to the terms herein and received in good condition
6.2 The Guardian is not permitted to use the Property for any trade or business
6.3 The Guardian will not do anything to the Property by which the insurance premium payable in respect of it may be increased or the insurance invalidated
6.4 The Guardian will not do anything or permit anything to be done at or to the Property which is illegal or immoral or which shall or may be or become a nuisance damage or annoyance to any other occupier of the Property or any neighbouring or adjoining premises
6.5 The Guardian will comply with all directions given by Camelot from time to time as to the use of the Property
6.6 Camelot shall issue to the Guardian one set only of keys to the Property with the Key Identification Numbers referred to in the Particulars
6.7 The Guardian shall keep the keys safe at all times and will not:
6.7.1 Allow any third party to have or use any of the keys
6.7.2 Copy any of the keys
6.7.3 Change any of the locks in or to the Property or otherwise cause damage to the same
6.7.4 Add or remove any of the locks in or to the Property or otherwise cause damage to the same
6.8 Adding, changing or removing locks and/or keys without the authorisation of Camelot is gross misconduct
6.9 If the Guardian loses a key Camelot may replace it upon the Guardian paying the sum of ten euro (€10)
6.10 Camelot will retain keys to the Property at all times and may access the Property at its absolute discretion at any time without notice to the Guardian
6.11 Camelot retains the absolute right to allow third parties to access the Property from time to time, including any construction, maintenance or repair workers.
6.12 The Guardian shall yield up all keys to the property to Camelot upon determination and upon written request from Camelot
6.13 The Guardian shall not remove or deface any Camelot sign or document or sticker nor shall the Guardian display any other sign or poster or document or sticker without specific authorisation in writing from Camelot
6.14 Removing or defacing any Camelot sign or document or sticker and displaying any other sign or poster or document or sticker without the authorisation of Camelot is gross misconduct
6.15 Any breach of any part of this clause is Gross Misconduct which entitles Camelot to terminate this agreement immediately.
6.16 The Guardian will not smoke in the Property
6.17 The Guardian will not bring a candle on to the Property, or use a candle in the Property.
6.18 The Guardian will not bring on to the Property, or use in the Property, any electric or gas heater or cooking device other than:
6.18.1 A portable electric hob with a maximum current demand of 13 amps or less.
6.18.2 A microwave oven.
6.18.3 A portable electric oven, with a maximum current demand of 13 amps or less.
6.18.4 An electric oil filled radiator.
6.19 The Guardian will not hold meetings, parties or other similar gatherings in the Property.
6.20 The Guardian will not permit any other person (other than other Guardians) to stay overnight in the Property.
6.21 The Guardian will not invite more than two guests at any one time to visit the Guardian at the Property
6.22 The Guardian will ensure that guests are not left unsupervised in the property at any time and will always escort guests off the Property when their visit comes to an end.
6.23 The Guardian will not allow any former Guardian, whose licence has been terminated, access to the Property.
6.24 The Guardian will not bring any pets or other animals into the Property without Camelot’s prior written consent.
6.25 The Guardian will not invite any persons less than 18 years old into the Property.
6.26 The Guardian will not bring into the Property any offensive weapon (whether for offensive or defensive purposes).
6.27 The Guardian will not bring into the Property any illegal drugs or non-prescribed steroids.
6.28 The Guardian will not:
6.28.1 Allow any third party to have or use any key to the Property.
6.28.2 Copy any such key.
6.28.3 Change, remove or damage any existing lock in or to the Property or add any new lock
6.29 The Guardian will not assault or insult any person in the Property, but will behave in a civil manner, and will not engage in conduct likely to bring discredit to Camelot, CPML or the Owner.
6.30 The Guardian will not use any equipment in the Property which does not belong to the Guardian without prior written permission from Camelot.
6.31 The Guardian will ensure that all their electrical equipment is maintained so that it is safe, including ensure that it is fitted with appropriate fuses in accordance with the rating of the equipment and the manufacturer’s instructions.
6.32 The Guardian will not bring to the Property any electrical equipment which has a maximum current demand of more than 13 amps.
6.33 The Guardian will not do anything at the Property which damages or may damage the Property, or anything in the Property, or any premises in the vicinity of the Property, or anything in such premises.
6.34 The Guardian will not make any alteration to the Property of any kind, major or minor without Camelot’s prior written consent. This means that the Guardian must not (without such consent) decorate the Property, or put nails or pins into walls, or make changes to the electrical, gas, water or other services.
6.35 The Guardian will not speak to the media about the Owner, Camelot, CPML, or the Property.
6.36 If the Guardian is the last person to leave the Property, they will do their best to ensure that all doors and windows are closed, and all doors to which the Guardian has the key are locked.
6.37 The Guardian will not cover any smoke detectors in the Property, or remove any battery from a smoke detector.
6.38 The Guardian will not prop open the fire door or obstruct fire exits.
6.39 The Guardian will not cook anywhere in the Living Space except in that part which Camelot has designated for the time being for that purpose.
6.40 The Guardian will not use any part of the Property other than the Living Space.
6.41 The Guardian must not do anything at the Property which is illegal or immoral.
6.42 The Guardian must not do anything at the Property which is, or may become, a nuisance or annoyance to any other occupier of the Property or any premises in the vicinity of the Property.
6.43 The Guardian will not interfere with the access to or use of the Property by the Owner, CPML or Camelot or anyone acting with their authority.
6.44 The Guardian must not do anything as a result of which the insurance premium payable in respect of the Property may be increased or the insurance invalidated.
6.45 If the Guardian becomes aware that anyone else is doing something prohibited by this clause, the Guardian will inform Camelot immediately.
- Determination
7.1 Subject to clauses 9 and 10, Determination of this agreement shall be communicated by either party in a Termination Notice as defined below and service shall be effected in accordance with clause 21
7.2 Determination shall normally be communicated by the Licensee to Camelot in a Termination Notice in writing providing Camelot with a minimum of 4 weeks notice to terminate this licence
7.3 Exceptionally and subject to clauses 9 and/or 10 immediate determination or determination with less than 4 weeks notice may be required by Camelot
7.4 In circumstances where less than 4 weeks notice is provided by Camelot and where determination is not linked to misconduct or gross misconduct by the Licensee under clause 9 reasonable compensation not exceeding one 4 week period licence fee may be payable by Camelot to the Licensee
7.5 Determination of the Licence Agreement is subject to the jurisdiction of the Courts and applicable laws of the Republic of Ireland where this licence is in respect of a Property situated in the Republic of Ireland
7.6 Determination shall normally be identified in a Termination Notice in writing excepting in the case of Gross misconduct when determination shall be immediate with no period of notice
7.7 This agreement will come to an end when the Licence Period expires. It may also come to an end before then in the circumstances described in this clause.
7.8 This agreement will come to an end if Camelot’s own permission to use the Property is terminated. If that happens, Camelot will inform the Guardian as soon as possible.
7.9 If Camelot believes that there has been Gross Misconduct, then this agreement may be terminated immediately at any time by Camelot giving the Guardian written notice stating that this agreement is terminated immediately.
7.10 If Camelot serves notice on the Guardian due to Gross Misconduct, but it later turns out that there was not, in fact, Gross Misconduct, then Camelot will pay the Guardian a sum equivalent to one week’s Licence Fee as compensation.
7.11 Camelot may terminate this agreement immediately under clause 11.4 below, if it is not satisfied with the information provided under clause 11.1
7.12 If Camelot considers at any time that a guardian is no longer a suitable person to occupy property, Camelot may terminate agreement giving two week’s notice.
- Amicable sharing
The Guardian shall share the Property amicably and peaceably with such other licensees as Camelot shall from time to time permit to make use of the Property and shall not interfere with or otherwise obstruct such shared occupation in any way whatsoever. Camelot may require and direct the Guardian in relation to the precise areas of the Property that may be occupied at its discretion at any time.
- Cleanliness damage alterations and reporting
The Guardian:
9.1 Shall keep the interior of the Property clean and tidy
9.2 Shall not cause or permit any damage to or in any way alter the Property or anything in it
9.3 Shall use his best endeavours to ensure that no other person causes any damage to or in any way alters the Property or anything in it and in the event of any such damage or alteration the Guardian shall immediately notify Camelot
9.4 Shall not remove any goods contents or other items from the Property
9.5 In co-operation with all other licensees sharing occupation of the Property and under the direction of Camelot will ensure that at no times is the Property left vacant
9.6 Shall otherwise use his best endeavours in co-operation with all other licensees sharing occupation of the Property and under the direction of Camelot to ensure that the Property is kept secure and free from damage
9.7 Shall notify Camelot in relation to all notices and letters received at the Property and of any damage caused to the Property
9.8 Shall comply with any further House Rules as directed by Camelot
- Misconduct
This licence may be terminated immediately in the event of gross misconduct (as defined at 10.1 below) or there being more than two instances of misconduct (as defined at 10.2 below) or where the Guardian is criminally convicted or declared bankrupt
On termination because of misconduct under either 10.1 or 10.2 below the Guardian shall vacate the Property and surrender all keys immediately
On termination because of misconduct or gross misconduct the Guardian shall forfeit the deposit.
If the Guardian fails to vacate the Property when asked to do so by Camelot under clause 10 or otherwise Camelot reserves its rights to use further legal measures against the Guardian and the Guardian hereby indemnifies Camelot for the reasonable costs and expenses of Camelot having to pursue this further action
10.1 Gross misconduct includes but is not restricted to:
– theft
– making or signing false statements including but not restricted to the Application To Become A Guardian form and to our representative
– vandalism of the Property
– failing to observe Health and Safety requirements and legislation
– destroying altering or erasing facilities, equipment including keys and locks, documents and data belonging to Camelot its customers and agents
– divulging information confidential to Camelot its customers and agents without prior permission in writing from Camelot
– failure to notify Camelot in writing of any criminal conviction police caution legal summons or declaration of bankruptcy and of any pending prosecution
– use of prohibited substances including but not restricted to chemicals and narcotics
– excessive drunkenness at the Property
Camelot reserves the right to exercise sole discretion on this matter
– carrying out or permitting the carrying out of illegal or immoral activities at the Property
– the copying of the keys to or the changing of the locks for or at the Property
– permitting third parties to hold keys to the Property without prior authority in writing from Camelot
– permitting unauthorised access to any part of the Property not specifically identified as for occupancy by the Licensee
– the use or threat of violence or excessive force or strong language against Camelot its customers or agents or Guardians or the public whether proven in court or not
– aiding and abetting others to commit acts of gross misconduct at the Property
– entering areas marked as out of bounds or areas assigned to another Guardian without express permission
– failing immediately to inform Camelot of all convictions cautions criminal and summary charges discharges on payment of costs court orders and declarations of bankruptcy excluding summary motoring offences
– failure to take up residence within 24 hours of the Moving In Date stated herein unless agreed in writing by Camelot
– direct contact with the Owner of the Property.
10.2 Serious or continued misconduct includes but is not restricted to:
– the carrying of offensive weapons for offensive or defensive purposes
– incivility to any person encountered at the Property
– conduct likely to bring discredit to Camelot its customers and agents
– use of equipment at the Property not owned by the Licensee without prior permission from Camelot in writing
– failure to abide by the terms of this Licence
– aiding and abetting others to commit acts of misconduct
Misconduct may be deemed gross misconduct by Camelot at its discretion
In the event of gross misconduct determination and vacation of the property by the Guardian shall be immediate
For each and every warning letter or email sent to the Guardian by Camelot for whatever reason the Guardian shall pay to Camelot the sum of thirty-five euro (€35).
In the event of any dispute (other than a dispute in relation to clause 7.1) between the Guardian and Camelot in relation to an instance of misconduct or any other serious dispute which cannot be resolved by the parties, the Guardian agrees to enter into a mediation process suggested by Camelot. In the event of such a process being unsuccessful for the resolution of that dispute, the dispute will pass to private arbitration unless otherwise directed by Camelot. The provisions of UNCITRAL model law shall apply in respect of such arbitration.
- Provision of Information
11.1 The Guardian will, within 48 hours of signing this agreement, occupy the Property and give Camelot the following:
11.1.1 a written summary of the Guardian’s employment and unemployment history and education;
11.1.2 a full year’s employment reference or satisfactory two years signed personal references vouching for the Guardian’s good character;
11.1.3 a passport, driver’s licence, or other satisfactory proof of photographic identity;
11.1.4 a satisfactory proof of current address;
11.1.5 details of any bankruptcy order against the Guardian, insolvency proceedings involving the Guardian, and any individual voluntary arrangement proposed by the Guardian;
11.1.6 a list of all criminal charges, convictions and cautions but excluding motoring offences dealt with in a magistrates court.
11.2 Breach of clause 11.1 is Gross Misconduct.
11.3 Further, breach of clause 11.1 entitles Camelot to deduct €75.00 from the Damage Security Payment to compensate for its administrative expenses in entering into this agreement.
11.4 If Camelot considers, having regard to the information provided under clause 11.1, that the Guardian would not be a suitable person to occupy the Property, Camelot may terminate this agreement immediately by giving the Guardian written notice stating that this agreement is terminated immediately.
- Rubbish
The Guardian shall ensure that all rubbish is properly disposed of daily
- Electricity/Heating And Usage
13.1 Guardians shall be liable for all electricity and heating costs.
13.2 All Guardian’s electrical equipment shall be maintained safely and have a maximum current demand of 13 amps and be fused in accordance with the rating of the equipment and the manufacturer’s instructions.
13.3 Guardians shall not alter or arrange or authorise others to alter any electrical installation.
13.4 Failure to observe the above is contrary to this licence and is gross misconduct and may be contrary to Health and Safety legislation.
- Limitations on visitors
The Guardian shall not:
14.1 Hold meetings parties or other similar gatherings in the Property
14.2 Permit any other person (other than other licensees of the Property sharing occupation with the Guardian by agreement with Camelot) to stay overnight in the Property
14.3 Invite more than two guests to visit the Guardian at the Property
14.4 Bring any pets or other animals into the Property
14.5 Failure to observe these limitations is deemed as gross misconduct
- Restrictions on Guardian contacting Owner
The Guardian shall not at any time attempt to contact the Owner
Failure to observe this limitation is deemed as gross misconduct
- Contacting Third Parties
The Guardian shall not contact any third party or divulge any information pertaining to Camelot or the property Owner to any third party including but not restricted to the media
Failure to observe this limitation is deemed as gross misconduct
- Image rights
By signing this licence agreement the Guardian gives Camelot the right to use the Guardian’s name and personal photograph for promotional purposes only
This right will be available to Camelot immediately after signing this licence agreement unless prohibited by law
- Vacation of the Property
18.1 Upon determination of this agreement the Guardian shall immediately cease to be entitled to the use of the Property and shall vacate the Property leaving it clean and tidy and shall return the keys to Camelot immediately
18.2 If following determination of this agreement the Guardian shall fail to remove any personal goods or belongings Camelot shall be entitled to dispose of the same in any manner it thinks fit without being liable to the Guardian for any loss or damage caused to the same or any proceeds of sale of the same
18.3 The Guardian will pay Camelot’s costs on a full indemnity basis of any proceedings or other steps necessary to deal with any non-payment of the Deposit or Licence Fee or failure to vacate the Property on the termination of this agreement or any other breach of the Guardian’s obligations under this agreement including paying a reasonable amount in respect of any time spent by Camelot’s employees in dealing with any such matters
18.4 In the case of gross misconduct the Guardian shall vacate the property immediately
18.5 Where the Guardian does not vacate the premises within the time notified in the determination or where determination is for gross misconduct the Guardian shall forfeit the deposit and shall reimburse Camelot with all costs incurred in the eviction of the Guardian including but not restricted to the securing of the property and guarding of the property and the restoration of the property to a habitable condition
18.6 The Guardian shall be responsible for leaving the property clean and tidy on vacating the property and at all other times and shall reimburse Camelot for all costs incurred for the cleaning of the property and the removal of rubbish and unclaimed items and shall be liable jointly and severally with other Guardians for the reimbursement of these costs.
18.7 Should the Guardian fail to return the keys within five days of the vacation date the lock to the room and the property front door lock will be replaced and all costs charged to the guardian including the management time of Camelot’s staff to organise the work charged at €75 per hour
18.8 Should the Guardian vacating the property transfer to another Camelot managed property then an administration fee of €75 is payable before occupation of the new property.
18.9 The Guardian will not be offered non-exclusive occupation in an alternative property unless all outstanding licence fees are paid up to date.
18.10 It is the guardian’s responsibility to cancel their Standing Order at the end of the licence agreement. Should any funds be overpaid to Camelot due to the non-cancellation of the Standing Order by the guardian then an administration fee of €75 is payable for processing the repayment of these funds.
- Acknowledgements
19.1 This agreement embodies the entire understanding of the parties relating to the Property and to all the matters dealt with by any of the provisions of this agreement and Camelot undertakes no obligations to the Guardian except those expressly set out in this Agreement. Both parties agree that under section 5 of the Occupiers’ Liability Act 1995 Camelot hereby restricts its duty to the Guardian and any other visitors or third parties who enter the Property. Both parties agree that Camelot’s duty does not extend beyond a duty not to intentionally injure or act in reckless disregard of any Guardian or other third party who enters the Property. The Guardian accepts that he may be liable as sole or joint occupier under the Occupiers’ Liability Act 1995 for any damage or injury caused to an entrant onto the Property.
19.2 No employee or agent of Camelot has or had any authority to give any oral or written information about or in relation to the Property or this agreement other than any written information supplied directly to the Guardian by Camelot’s solicitors
19.3 In particular and without prejudice to the generality of the foregoing the Guardian acknowledges that he has received a copy of this agreement prior to signing it and has had the opportunity of taking legal advice on it and has read and understood it and acknowledges that the Property will be shared with other persons to whom Camelot grants a licence and that he shall not have exclusive possession of any part of the Property under any circumstances
19.4 The Guardian having inspected the Property declares that he finds it in good condition and working order and satisfactory
19.5 Camelot shall have no liability or responsibility to the Guardian for any losses costs claims injuries or damages arising as a result of the theft of any goods or injury or death to the Guardian howsoever caused
19.6 No agency or Employer/Employee relationship or Landlord/Tenant relationship is created by this Licence.
- Non-competition
The Guardian agrees with Camelot that he shall not either on his own account or in conduction with or on behalf of any person or persons whether directly or indirectly for a period of 1 year from the date hereof carry on or be engaged concerned or interested in any business or organisation in competition with Camelot
- Notices
21.1 In this clause, a “working day” is a weekday which is not a public holiday.
21.2 Any notice given under this Agreement to the Guardian may be served in any of the following ways:
21.2.1 By leaving it at the Living Space in an envelope marked with the Guardian’s name, in which case it will be deemed served when it is left there.
21.2.2 By sending it by SMS text message to the mobile telephone number set out in the Particulars, in which case it will be deemed served 1 hour after the message is sent.
21.2.3 By sending it by e-mail to the e-mail address set out in the Particulars, in which case it will be deemed served 1 hour after the message is sent.
21.2.4 By sending it in an envelope addressed to the Guardian at the Property by pre-paid first class post, in which case it will be deemed served on the working day after it is posted.
21.2.5 If the Guardian changes their mobile telephone number or e-mail address, and notifies Camelot in writing of the new number or e-mail address, then that new number or e-mail address will be treated as substituted for the number or e-mail address set out in the Particulars. Unless and until Camelot is notified in writing of a new number or e-mail address, Camelot will be entitled to serve notices on the Guardian at the number and e-mail address stated in the Particulars.
21.3 Any notice given under this agreement by the Guardian to Camelot must be sent by email to infoie@camelotproperty.com or by facsimile transmission to Camelot at facsimile number 00353 (0)1 686 9414 in either case marked for the attention of the regional manager, or to such other address or facsimile number as is notified in writing from time to time by the Camelot to the Guardian. A notice sent in that way will be deemed served the working day after it is sent. A notice not sent in that way will be deemed not to have been served.
21.4 If the Guardian wishes to speak to Camelot for any reason about this agreement, or otherwise in relation to the Property, he should telephone one of the numbers set out in the Guardian Guidelines booklet.
22 Health and Safety and Guidance
It is hereby expressly acknowledged by the Guardian that the Guardian Guidelines booklet and a Health and Safety Risk Assessment for the Property have been provided and read and understood by the Guardian. The Guardian further acknowledges that the Guardian Guidelines induction video has been watched and understood by the Guardian. Camelot may make changes to the Guardian Guidelines booklet or induction video from time to time, in which case a copy of the new version will be supplied to the Guardian.
23 Security Industry Act (Eire)
It is hereby expressly acknowledged by all parties that the Guardian has no security responsibility or authority as defined in The Private Security Services Act 2004.
The Guardian expressly acknowledges that he/she has only those powers of an ordinary citizen and shall not assume the powers of a security officer or the police or any governmental authority.
24 Other Obligations
24.1 The Guardian will use the Living Space as a place for the Guardian to live in, and not, without Camelot’s prior written consent, sleep away from the Living Space for more than 2 nights out of any 7. Camelot’s normal practice is to give such written consent when Guardians wish to travel, for up to 4 weeks a year, provided that
Camelot is given reasonable advance notice, but Camelot is under no obligation to give such consent.
24.2 The Guardian will do their best to ensure that either they, or at least one other person, are present in the Property for at least one hour in every twenty-four hours.
24.3 If the Guardian becomes aware of any damage or risk of damage to the Property, or anything in the Property, they will tell Camelot immediately.
24.4 If the Guardian becomes aware of any person attempting to gain access to the Property without the permission of Camelot, CPML or the Owner, they will notify Camelot immediately.
24.5 The Guardian will not remove anything from the Property, other than things that the Guardian brought there.
24.6 If any bills relating to the Property are delivered to the Property, the Guardian will forward them to Camelot within 8 days. If any bill is not forwarded to Camelot within that time, the Guardian will pay a fair share of any late payment charges.
24.7 The Guardian will comply with all reasonable directions given by Camelot from time to time as to the use of the Property by the Guardian, including those contained in the Guardian Guidelines booklet or the Guardian Guidelines induction video as amended from time to time.
24.8 The last Guardian in the Property cannot move out until a replacement Guardian has been installed.
- General provisions
25.1 The Guardian will not make any representations regarding any planning applications relating to the Property.
25.2 The Guardian gives Camelot the right to use the Guardian’s name and personal photograph for its database, identification photo boards within the Property and promotional purposes only, to the extent permitted by law.
25.3 The Guardian will notify Camelot immediately if the Guardian ceases to be employed and will not voluntarily remain unemployed for any period in excess of 4 weeks.
25.4 The Guardian will not seek to claim housing benefit, job seekers allowance or any related benefit without the prior written consent of Camelot.
25.5 If the Guardian’s e-mail address or mobile telephone number changes from that set out in the Particulars, the Guardian will notify Camelot immediately. If the Guardian does not do so, then any notice sent to the e-mail address or mobile telephone number stated in the Particulars will be deemed validly served, as provided for in clause 21.2 above.
25.6 The Guardian will fully indemnify Camelot and the Owner in respect of any costs or expenses incurred (to be paid on a full indemnity basis), and any losses or claims, as the result of any breach of this agreement. This indemnity will include a reasonable amount in respect of any time spent by their employees or agents in dealing with any such breach at €90 per hour.
25.7 Without limiting the above clause in any way:
25.7.1 If the Guardian changes their e-mail address or mobile telephone number, without notifying Camelot under clause above, the Guardian will pay Camelot an administration fee of €75.00, to reflect the administrative costs to Camelot in locating and contacting the Guardian.
25.7.2 If the Guardian commits a breach of this agreement and Camelot writes to the Guardian complaining of that breach, the normal charge to the Guardian in respect of the cost of investigating the breach and preparing and sending the letter will be €75.00.