| 1.*RESPONSIBILITIES OF THE PARTY LEADER*
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 to the owners. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When owner issues a written confirmation (see below) to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. The Owner has the right to refuse any booking prior to the issue of your written confirmation, and if the owner does this, the owner will tell you in writing and promptly refund any money you have paid. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should tell the owner 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 property
When you book your property you should pay the amount then due by
debit transfer or by sending a cheque to the owner. Providing the
booking can be confirmed, the Owner 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 the owner 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 is due straightaway. For
properties booked less than 2 weeks before your arrival date your
booking must be paid for in full by bank transfer, at the time of
booking.
All prices quoted to you are inclusive of any applicable taxes or
governmental levies.
If any payment due in relation to your booking is not paid by the
Appropriate date, the Owner is entitled to assume that you wish to
cancel your booking. In this case, the Owner will be entitled to keep
all deposits paid or due at that date. The Owner normally sends out a
reminder to you before your booking is cancelled.
3. Cancellations or changes to your booking by the Owner.
The Owner does not expect to have to make any\changes to your booking,
but occasionally problems occur and bookings haveto be changed or
cancelled. If this does happen, the owner will contact the party
leader (by telephone where reasonably possible in the case of a
significant change or cancellation, minor changes will be notified by
post) 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, you will be
entitled to cancel your booking and receive a full refund of all monies
paid. So as to keep any period of uncertainty to a minimum, the
Owner will, whenever reasonably possible, communicate with you by
telephone in the case of a significant change or cancellation and you
are required to do the same. The party leader should tell the Owner as
soon as reasonably possible that you want a refund. In the unlikely
event that the party leader fails to tell the Owner that they wish to
cancel your booking and receive a full refund of all monies paid to the
Company.
Please note the above options are not available where any change made
is a minor change.
Where your booking is significantly changed or cancelled, you will
also be offered compensation by the owner if and as appropriate and
subject to your providing proof of loss. A minimum compensation of £20
per booking will usually be paid. However, compensation will not be
payable where any change or cancellation results from "force majeure"
Please note, no compensation is payable for minor changes. No
compensation is payable and the above options will not be available if
the Owner cancels your booking as a result of your failure to comply
with any requirement entitling the Owner to cancel (such as paying on
time). A minor change is a change which, taking into account the
information you gave at the time of booking or which the Owner
can reasonably be expected to know, the Owner
could not reasonably expect to have a significant effect on your
confirmed booking.
4. Circumstances beyond the control of the Owner/(Force Majeure)
Except where otherwise expressly stated in these Booking Conditions,
the Owner shall not be liable, 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 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 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
either the Owner to you.
5. Web site details
The Owner aims to ensure that the information provided is accurately
conveyed on the web site. However, the information may have changed by
the time you come to book. Whilst every effort is made to ensure the
accuracy of the web site, changes and errors occasionally occur. You
must therefore ensure you check the details of the property and
arrangements (including the price) with the Owner 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. Occasionally, problems mean that some
facilities or services become unavailable or subject to restriction.
If this happens, the Owner will tell the party leader as soon as
reasonably practical. The Owner can accept no responsibility for any
changes or closures to area amenities mentioned on the web site
6. Liability
The Owner shall have no liability for any death or personal injury
unless, this results from the negligence of the owner or its employees
(providing they were at the time acting in the course of their
employment) or, in the case of the Owner, it results from the Owner's
negligence or that of any employee of the Owner (providing they were at
the time acting in the course of their employment). You must take all
necessary steps to safe guard 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).
Except where loss of and/or damage to luggage or personal possessions
is concerned, for all other claims which do not involve death or
personal injury, if the owner is found liable to you on any basis,the
maximum amount the owner will have to pay you is twice the price
(excluding insurance premiums and amendment charges) paid by or on
behalf of the person(s) affected in total. This maximum amount will
only be payable where everything has gone wrong and you have not
received any benefit at all from your holiday. Additionally, the Owner
cannot accept liability for any business losses.
Nothing in this Section 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 will
confer on you any right or remedy to which you would not otherwise be
entitled by law.
Please also refer to Section 3 (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 Owner 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 property
or 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 Owner will advise the party leader if this is the case
when the change is requested. The party leader must then inform the
Owner as soon as reasonably possible whether you still wish to change
your booking. If you advise the Owner that you do or the party leader
fails to contact the Owner 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 Owner will, whenever reasonably
possible, communicate with you by telephone 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 Owner on the number shown on your booking confirmation as
soon as possible. The party leader must also immediately confirm your
cancellation in writing.
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, any amendment charges. 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.
Under your contract with the Owner, in order to qualify for a refund
your reason for cancelling must be one of the following, must apply to
a member of your party, and with the exception of pregnancy must have
occurred after you booked your holiday and must prevent you from taking
your holiday. Please note that you will not receive a refund for
pregnancy where the party member is expected to give birth within 14
weeks of the arrival date home -
Illness/Pregnancy (subject to medical evidence of unfitness to
travel); Death; Redundancy (provided employment has been on a
continuous basis with the same employer for at least 2 years); Jury or
Witness service (in a Court of Law); Illness or Death of a close
relative (a close relative is defined as one of the following - Spouse,
Son or Daughter (in law), Parent (in law), Grandparent, Sister or
Brother, Fiance(e)); your home is rendered uninhabitable due to fire,
storm, flood, subsidence or malicious damage; your presence is
requested by the Police, following a burglary at your home or place of
business, during the period of your holiday or within the preceding 7
days; your unexpected posting by HM Forces or cancellation of leave by
HM Police (unless the cost of the lost holiday is recoverable from any
other source); or compulsory quarantine. You may also receive a full
refund if you are unable to reach your holiday destination due to snow
or flood conditions or as a result of being involved in an accident en
route (NB: This only applies if you have made every effort to attempt
to complete your journey. You will need to produce evidence from the
Police, RAC or AA). Although a refund is available in these
circumstances you may prefer to delay your arrival. In these cases a
25% refund is available for each 24 hour delay, up to a maximum of 72
hours = 75% (For short breaks, a fixed refund of 50% applies for all
arrivals delayed for more than 24hours). You will be asked to
complete a Booking Cancellation form which may require
signing by a Medical Practitioner or employer and the Owner
may also request further information from a third party.
The following reasons for cancellation do not qualify for a refund as
set out above: suicide or attempted suicide, intentional self-injury,
the effect of intoxicating liquor or drugs, or any other reason which
is not specifically referred to.
Where the reason for cancellation does not fall within one of the
qualifications for a refund as set out above, eg: dis-inclination to
travel, leave cancelled by employer (other than HM Forces or the
Police)etc, a cancellation charge will be payable, levied by the
Owner, based on the number of days before the arrival date at the
property after receives notification of your cancellation, as shown in
the following table. This means that if you have paid the balance of
your total holiday cost and then have to, or wish to, cancel, you may
receive a refund of part of such cost. However, if you have not paid
your total holiday cost including by the time of your
cancellation, you may be required to make a further payment by way of
cancellation charge. For the purpose of the table below, cost means
the total cost of the booking, including any extra items after
deducting any , administration fee paid for making any change. Please
note that administration fees are not refundable in the event of your
cancellation.
Number of days before arrival date that notification of
cancellation is received |
Cancellation Charge |
More than 70days
(including any Balance of Deposit due) |
Full Deposit |
29-70 days
|
50% of cost or Full Deposit (including any Balance of Deposit due), whichever is the greater |
| 15-28 days |
75% of cost |
| 1-14 days |
90% of cost |
| On arrival date or later |
Total cost |
8. Your property
You can arrive at your property at any time after 3.00pm for your holiday starting on Fridays and the same for short weekend breaks(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 person whose details are given on
the location guide so that alternative arangements 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 person whose details are
given on the location guide 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 reserve the right to require a security deposit on arrival. If this applies to your chosen property 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 a similar 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 sub letting it or otherwise allowing
anyone to occupy it who has not previously been accepted by the Owner.
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 toc over 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 neither the Owner will have any 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 will also not be obliged to find any alternative
accommodation for you.
Registered guide and support dogs belonging to those with visual and
hearing impairments are allowed in this properties even though the
property description states that pets are not allowed. Customers with
allergies should be aware that we cannot guarantee that a registered
guide and/or support dog has not stayed in their chosen property nor
canwe accept any liability for any suffering which may occur as a
result of such animals having been present.
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 has been 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 or his/her representative
immediately if any problem arises so that it can be speedily resolved.
It is often extremely difficult (and sometimes impossible) to resolve
difficulties properly unless the Owner is promptly notified.
Discussion of any criticisms with the Owner or his/her representative
whilst you are in residence will usually enable short comings to be
rectified straight away. In particular, complaints of a transient
nature (for example, regarding preparation or heating of the property)
cannot possibly be investigated unless registered whilst you are in
residence. If you cannot make contact\with the Owner or his/her
representative or if after this, you feel that the problem has not
been resolved to your satisfaction, then the party leader must, within
30 days of returning from your holiday rental, put your complaint in
writing. Please help the Owner to help you by following this
procedure. If you fail to do so, this may affect your entitlement to
claim compensation where this would or may otherwise have been
appropriate.
10. Communicating With You
For the purposes of the Data Protection Act 1998, the Owner is the
sole data controller of all personal data provided. In order to
process your booking the Owner needs to collect certain personal
details from you, for example names and addresses of party members,
payment details, special requirements such as those relating to any
disability or medical condition which may affect any party member's
holiday arrangements and any dietary restrictions which may disclose
religious beliefs.
If the owner may need other personal details from you. (for example
the property owner(s), and any key holder(s) of such property (if not
the property owner(s)), other suppliers, agents, company or bank.
Except where expressly permitted by the Data Protection Act 1998, the
owner will only deal with the personal details you give to it as set
out above unless you agree otherwise. You are generally entitled to
ask the owner (by letter, fax or e-mail) if and how it is processing
your personal details. The owner is entitled to charge a fee in
responding to such a request. The owner promises to respond to your
request within 40 days of receiving this in writing and payment of the
appropriate fee (if required by the owner). In certain limited
circumstances the owner is entitled to refuse your request.
11. 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 only unless you live in Scotland or
Northern Ireland in which case proceedings may be brought in the Courts
of Scotland or Northern Ireland respectively.
12. Your rights
Your statutory rights are not affected by anything contained within
these Booking Conditions. 13. • ALL OFFERS AND BOOKINGS ARE SUBJECT TO AVAILABILITY.
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