When you book the cottage you enter into a contract with the Owners.
"We", "us" & "our" mean the owners in these Conditions.
References to “you” and “your” mean the person making the booking (the “party leader”) and all members of the holiday rental party who have been accepted by the owners (including anyone who is added or substituted at a later date). These Booking Conditions set out the basis of your contract with the Owners. Nothing in these Booking Conditions affects your normal statutory rights.
1. Your booking
All offers and bookings are subject to availability. The party leader must be at least 18 years of age at the time of booking. The party leader must be authorised to make the booking on the basis of these Booking Conditions by all other members of the holiday party. By making the booking, the party leader confirms that he/she is so authorised and that all other party members agree that the booking is subject to these Booking Conditions. The party leader is responsible for making all payments due to the the Owners. Your booking is made as a consumer and you agree that no liability can be accepted by the Owners for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When the Owners issue a written confirmation (see below) to you, this signifies that the Owners have entered into a contract with you, which is subject to these Conditions. The Owners have the right to refuse any booking prior to the issue of your written confirmation, and if the Owners do this they will tell you in writing and promptly refund any money you have paid them. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should tell the Owners immediately. Please note we will provide you with your written confirmation either by post, electronically or by email. If you book with us online, we will acknowledge receipt of your booking and then provide your confirmation to you electronically or by email. If you book by post or telephone we will send your confirmation to you by post unless you advise us at the time of booking you would prefer it to be provided electronically or by email. All references to “your written confirmation” therefore means confirmations provided by post, electronically or by email as applicable. It is your responsibility to check your emails regularly and to advise of any change to your email address.
2. Paying for your accommodation When you book your accommodation you should pay the amount then due by Paypal, or by sending us a cheque. (Please Telephone us for details.) Providing the booking can be confirmed, we will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by us no less than 10 weeks before your arrival date at the property. If you book less than 10 weeks before your arrival date, payment of your total holiday cost (including any insurance premiums) is due straightaway. For properties booked less than 2 weeks before your arrival date your booking must be paid for in full.
The prices of unsold arrangements may be increased or decreased and corrections made to errors in advertised prices at any time before your arrangements are confirmed. The price of your chosen arrangements will be confirmed at the time of booking. As changes and errors occasionally occur, you must check all details at the time of booking.
If any payment you make is not honoured for any reason whatsoever, the Owners are entitled to make an administration charge of £25.
If any payment due in relation to your booking is not paid by the appropriate date, Owners are entitled to assume that you wish to cancel your booking. In this case, the Owners will be entitled to keep all deposits paid or due at that date. We normally send out a reminder to you before your booking is cancelled. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in Section 6..
3. Cancellations or changes to your booking by the Owner
The Owners do not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, we will contact the party leader (by telephone or e-mail where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by post or e-mail) as soon as is reasonably practical, explain what has happened, and inform you of the cancellation or change.
If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, the Owners will, as soon as reasonably practical, offer the party leader a full refund of all monies paid.
4. Circumstances beyond the control of the Owner (Force Majeure)
Except where otherwise expressly stated in these Booking Conditions, the Owners shall not be liable, jointly or individually, for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by the Owner to perform or properly or promptly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of either the Owner (referred to as “force majeure” in these Conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence of the Owner and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure due to force majeure) the Owner will, however, refund to you all monies paid by you for your booking. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable in such circumstances by the Owners.
5 Information
The Owners aim to ensure that the information provided is accurately conveyed in all literature or material produced and circulated. You must ensure you check all details at the time of booking. There may be small differences between the actual property and its description, as the Owners are always seeking to improve services and facilities.
6. Liability
The Owner shall have no liability for any death or personal injury unless, this results from the negligence of Owners. You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner in respect of damage to, or loss of, such personal property except, in the case of the Owner, where the damage or loss is caused by the negligence of the Owner or that of any employee of the Owner (providing they were at the time acting in the course of their employment).
Nothing in this Section 6 or elsewhere in these Booking Conditions will exclude or limit any liability the Owner may have to you for (a) any fraudulent act or omission or (b) liability under Part 1 of the Consumer Protection Act 1987 (or any replacement, variation or amendment thereof) PROVIDED ALWAYS that nothing in this Section 6 will confer on you any right or remedy to which you would not otherwise be entitled by law.
Please also refer to Section 4 (Force Majeure) above.
7. If you change or cancel your booking
(i) Changes
If you want to change your booking once your confirmation has been issued we will endeavour to assist but please bear in mind that changes cannot be guaranteed. Where changes can be made an administration fee of £25 will be payable to the Owners once any change has been made together with any other resulting costs (for example any increase in price). However, it is important to realise that a change of dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your holiday booking. The Owners will advise the party leader if this is the case when the change is requested. The party leader must then inform the Owners as soon as reasonably possible whether you still wish to change your booking. If you advise the Owners that you do or the party leader fails to contact the Owners as soon as reasonably possible, your booking will be treated as having been cancelled by you. So as to keep any period of uncertainty to a minimum, the Owners will, whenever reasonably possible, communicate with you by telephone or e-mail and you are required to do the same.
(ii) Cancellations
If you have to, or wish to, cancel your booking, the party leader must telephone the Owners on the number shown on your booking confirmation as soon as possible. The party leader must also immediately confirm your cancellation in writing sent by recorded delivery to the Owners at the address shown on the website. The day the Owners receive your telephone notification of cancellation is the date on which your booking is cancelled.
Depending on your reason for cancellation, you may receive a refund authorised by the Owner of all monies you have paid for your booking (excluding all booking fees ) Please note: The refund provisions referred to above only apply if the cancellation applies to all members of your party. Note: All prices are for the entire property and not on an individual basis.
|
Number of days before start date of your holiday notification of cancellation is received by the Owners |
Cancellation Charge |
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More than 70 days
|
Full Deposit (including any Balance of Deposit due) |
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29 – 70 days |
50% of Holiday Cost or Full Deposit (including any Balance of Deposit due), whichever is the greater |
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15 – 28 days |
75% of Holiday Cost |
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14 days or less |
90% of Holiday Cost |
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On arrival date or later |
Total Cost |
8. Your accommodation
You can arrive at the cottage at any time after 3.00pm (unless advised otherwise, for example on your confirmation) on the start date of your holiday rental and you must leave by 10.00am on the last day. If your arrival will be delayed beyond 8.00pm on the start date of your holiday rental, you must contact the Owners so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the property. If you fail to arrive by 12 noon on the day after the start date of your holiday rental and you do not advise the Owners of your late arrival, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.
The Owners will require you to pay a security deposit on arrival. You will be advised of the amount at the time of booking. The security deposit will be refunded by the owner at the end of your holiday rental (less any costs for breakages, damage etc if applicable - see below).
You and all members of your party agree both to keep the property clean and tidy and to leave the property in the same condition as you found it upon your arrival. You and all members of your party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted the Owners. You are responsible to the Owner for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your party, and the Owner can require payment from you to cover any such costs.
The Owner is entitled at his/her sole and absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members or your party. These circumstances will be treated as a cancellation by you. You also must not allow more people than the brochure states to occupy the property, neither can you significantly change the composition of your party during your occupation of the property, nor can you take your pet into the property unless this has been arranged in advance and is shown on your confirmation. If you do any of these things, the Owner can refuse to hand over the property to you, or can repossess it. If the Owner does so, this will be treated as a cancellation by you. In these situations no refund of any monies you have paid in respect of your booking will be made and the Owner will have no liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation or the payment of any compensation to you). The Owner is also not obliged to find any alternative accommodation for you.
If you have permission to have a pet with you, it is not allowed on beds or furniture, or in any communal facilities, such as swimming pools. Pets should not be left unattended in the property, and dogs should be kept on a lead within the boundaries of a property including the garden. Registered guide and support dogs belonging to those with visual and hearing impairments are allowed. Customers with allergies should be aware that we cannot guarantee that a registered guide and/or support dog has not stayed in the property nor can we accept any liability for any suffering which may occur as a result of such animals having been present. You should also be aware the the property is located adjacent to a small boarding cattery.
You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations the Owner is entitled to enter the property at any time without giving you prior notice).
9. Complaints
Every effort will be made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint the Owners are anxious that remedial action is taken as soon as possible. Because the contract for your accommodation is between you and the owner, any queries or concerns should be addressed to them. It is essential that you contact the Owner immediately if any problem arise so that it can be speedily resolved.
10. Law
The contract between you and the Owner is subject to English law and no other. It is agreed that any dispute you may have with the Owner will be dealt with by the Courts of England and Wales
12. Your rights
Your statutory rights are not affected by anything contained within these Booking Conditions.
13. Date
This was published in July 2009 and the prices and booking conditions supersede all previous editions. Prices and booking conditions may be superseded by subsequent editions.
