Booking Terms and Conditions
References to “we” in these Conditions are references to the Property Owners and “us” and “our” will be construed accordingly. References to “you” in these Conditions are references to all the Holidaymakers and “your” will be construed accordingly. By signing the booking form to which these Conditions are attached (the “Booking Form”), the Lead Holidaymaker (as defined in the Booking Form) is agreeing to the provisions of this Agreement on behalf of all Holidaymakers over 18 years old (and confirms that he/she is authorised to make such agreement on behalf of all such other Holidaymakers). Definitions used in the Booking Form, and not otherwise defined in these Conditions, also apply in these Conditions. In the event of any inconsistency between these Conditions and the Booking Form, the Booking Form prevails. These Conditions form part of the Agreement so please read them carefully. Nothing in these Conditions affects your normal statutory rights.
1. Making your booking
In order to book the Property with us, following a request from you for a booking, we will (if we accept such request) send you a partially completed Booking Form by e-mail. You should carefully check the details we have completed and inform us immediately of any errors or omissions. You should also complete the Booking Form with all missing information, then sign it (or type in the name of the Lead Holidaymaker which will constitute the agreement of the Lead Holidaymaker to enter into this Agreement) and then return it to us (by e-mail to firstname.lastname@example.org). Note that we reserve the right to refuse any request for a booking of the Property without any need to give any reason for such refusal.
Once received by us, we will check that the Booking Form has been fully completed and, if so, sign and return a fully signed and completed copy to you at the e-mail address of the Lead Holidaymaker given in the Booking Form. The Agreement will only be effective at this point (the date on which this occurs is referred to as the “Agreement Date”).
As stated in the Booking Form, the Initial Deposit (and, depending on the timing of the booking, the Final Balance and the Security Deposit) are payable within two business days of the Agreement Date.
Your booking is made as a consumer for the purpose of a holiday and you acknowledge that no liability can be accepted for any business losses howsoever suffered or incurred by you.
2. Paying for your booking
You are required to send to us your payment of the Final Balance for your booking and the Security Deposit at least eight weeks prior to the Arrival Date (or, if the booking is made within eight weeks of the Arrival Date, then at the same time as paying the Initial Deposit). If you fail to make a payment of the Final Balance or the Security Deposit in full and on time we may treat your booking as cancelled by you.
We will hold the Security Deposit to be applied against any necessary extraordinary cleaning and/or replacement of the property, furnishings, fixtures and fittings. We will return the Security Deposit to you within four weeks of the return of the keys to us, less any deductions reasonably necessary to replace or repair broken or damaged items or to carry out any necessary extraordinary cleaning.
3. If you cancel or amend your booking
If you need to cancel or amend your booking you must e-mail us (at email@example.com) as soon as possible.
A cancellation will not take effect until we receive e-mail confirmation from you of the cancellation.
If you cancel your booking within seven days of the Agreement Date, we will refund the balance of any money you have paid us (and which we have received) in relation to the cancelled booking. After such period, if you cancel your booking more than eight weeks prior to the Arrival Date, we will retain the Initial Deposit but refund any other moneys (i.e. the Final Balance and/or Security Deposit) to the extent already paid by you (and received by us) in relation to the cancelled booking.
If you cancel your booking less than eight weeks prior to the Arrival Date, we reserve the right to retain the Initial Deposit and the Final Balance, but will refund any Security Deposit you have paid to us (and which we have received) in relation to the cancelled booking. In these circumstances, we will, however, if we are able to secure an alternative booking for the Property for the period of the cancellation, refund to you an amount equal to any money we receive pursuant to such alternative booking in relation to the cancelled period in excess of the amount we would have received had you proceeded with your booking.
4. If we cancel or amend your booking
We would not expect to have to make any changes to your booking, but sometimes problems occur and we do have to make alterations or, very occasionally cancel bookings.
If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your booking and, if it is necessary to cancel your booking, we will refund the balance of any money you have paid us.
5. Your accommodation
You can arrive at your accommodation between 16:00 hours and 19:00 hours on the Arrival Date of your holiday and you must leave by 10:00 hours on the Departure Date. We will notify you, in advance of arrival, of the contact (the “Contact”) who will meet you on arrival to introduce you to the Property and give you keys.
If your arrival will be delayed beyond 19:00 hours, you must inform the Contact so that alternative arrangements can be made for collection of keys. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the Contact of your anticipated late arrival we may treat the booking as having been cancelled by you.
The Rental Price is inclusive of all water, electricity, gas and wood. For bookings of over one week, it also includes a weekly clean and change of linen/towels (so for two week bookings, there would be a clean and change after one week; for three week bookings, a clean and change after one week and after two weeks etc).
6. Your obligations
You agree to comply with all reasonable requirements set out in the property information book (the “House Book”) which you will find at the Property and any other regulations reasonably made from time to time and ensure that they are observed by all members of your party.
You agree to keep and leave the Property and the furnishings, kitchen equipment, crockery, glasses, clean and in good condition, subject always to reasonable wear and tear.
You agree not to cause any damage to the walls, doors, roofs or windows of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
You agree to take all necessary steps to safeguard your personal property. No liability to you is accepted in respect of damage to or loss of such property, except where the damage or loss is caused by our gross negligence.
You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
You cannot allow more people to stay in the Property than expressly authorised, nor can you change the makeup of the party during your stay in the Property, nor can you take your pet into the Property unless it has been arranged in advance with us by e-mail. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the booking by you.
You must ensure that children are properly supervised at all times. If you are unsure about the suitability of the property for young children, you must contact us to discuss in advance.
You agree to allow us or any representative of ours access at any reasonable time during your stay for the purpose of essential repairs.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us or any of the contact people stated in the House Book if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot be investigated unless registered whilst you are in residence.
If any complaint cannot be resolved during your holiday, you must write to us with full details within 28 days of the end of it.
8. Our liability
Our maximum liability for losses you suffer as a result of us acting in breach of these terms and conditions is strictly limited to the higher of: (i) the amount paid by you to us in connection with the booking of the Property; and (ii) losses (excluding indirect losses) which you incur directly by reason of our breach of these terms and conditions and which are losses which are foreseeable consequence of us breaking the terms of this agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us (for example, the extra costs you incur in relation to accommodation or transport). To the extent a laptop is provided at the house, no liability is accepted (other than as mentioned below) by us for any direct or indirect loss in connection with its use.
The above does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9. Events outside our control
We will not be liable to pay you any compensation or refund any amounts paid (except as otherwise mentioned in these Conditions) if your holiday is affected by any event that is outside our reasonable control. These events include (but are not limited to) war, threat of war, terrorist activity, threat of terrorist activity, civil commotion, riot, the act of any government or national or local authority including port authorities, industrial action by third parties, natural or nuclear disaster, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, power or gas failure or failure of public or private telecommunications or utilities networks.
10. Entire Agreement
This Agreement (which comprises the Booking Form and these Conditions) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
This Agreement between you and us is governed by the laws of England and Wales and we both agree that any dispute, matter or other issue which arises between us will be dealt with by the Courts of England and Wales.