Terms & Conditions of Hire
1.1 The contract of hire is made between the person making the initial payment (”the Guest”) and the owner of the Property (“the Owner”). The Owner is Ken Sadler of Glade End, The Chase, Kingswood, Surrey KT20 6HY (website: www.holidaycottagewyevalley.co.uk, email address: email@example.com, and telephone number: +44 (0)7786-263 006). “The Property” shall mean Riverside Cottage, Tintern, Chepstow NP16 6SG including all of the fixtures, fittings and furniture in the Property at the commencement of the Holiday.
1.2 The tenancy confers upon the Guest the right to occupy the Property for the purposes of a holiday and not for any other purpose (“the Holiday”). The Guest shall not assign or sub-let the Property, or any part of the Property, or any equipment from the Property.
1.3 These terms and conditions will apply in every case without alteration unless otherwise agreed in writing with the Owner before the commencement of the Holiday. In these terms and conditions, words in the singular shall include the plural and vice versa unless the context otherwise requires.
1.4 No employee or representative of the Owner has any authority or right to modify any of these terms and conditions or to make any representation or undertake any liability on behalf of the Owner.
2. Making your Booking
2.1 Bookings cannot be accepted from groups of single persons under the age of twenty one. If at the commencement of the Holiday it appears to the Owner or his Agent that this condition has been broken, the Guest and his or her party may be refused access, the booking cancelled, any monies paid may be forfeited and unpaid monies shall remain payable.
2.2 All bookings are subject to availability. The party leader must be at least 18 years 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 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 Owner.
2.3 Subject to availability and receipt of all applicable payments by the Owner, the party leader will be issued with a written confirmation (see below) as soon as reasonably possible showing your booking details and the balance of your total booking cost remaining due. Your binding contract with the Owner comes into existence when the written confirmation is issued. For bookings made within 14 days of the start date of the Holiday, a binding contract with the Owner comes into existence when verbal confirmation is given of your booking to you or your travel agent and you have made the appropriate payments to the Owner or your travel agent. Receipt and banking of any deposit monies will not constitute acceptance of a booking.
2.4 Please note: We will provide you with your written confirmation either by post, or by email. If you book with us online, we will acknowledge receipt of your booking and then provide your confirmation to you 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 that you would prefer it to be provided by email. It is your responsibility to check your emails regularly and to advise of any change to your email address.
2.5 The Owner has the right to refuse any booking prior to the issue of your written confirmation. If we do this, we will tell you in writing and promptly refund any money due that you have paid to us. In this case the Owner shall not have any liability towards you.
2.6 As soon as your confirmation is received, you must check the details carefully. If anything is not correct you should tell us immediately. If you book through a travel agent your confirmation and all other documents will be sent to your travel agent.
2.7 When the balance of rent is paid, final details of the Property with travel directions and key holder information will be forwarded approximately 14 days before arrival, except in the case of late bookings when details will be provided upon receipt of full payment for the Holiday.
3 Payment and Pricing
3.1 The website prices are the full prices, and there are no surcharges for using credit/debit cards or payments by sterling cheques.
3.2 When you book you should pay the deposit amount of £100 then due by debit or credit card via PayPal, by direct bank transfer via Internet Banking, or by sending a sterling cheque to the Owner. The balance must be received by the Owner no less than 10 weeks before the start of your Holiday. However, if you book less than 10 weeks before the start of your Holiday, full payment of the total cost must be paid at the time of booking. For any Holiday booked less than 2 weeks before the start date your booking must be paid for in full by debit or credit card, or by bank transfer at the time of booking.
3.3 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.
3.4 If you pay by direct bank transfer, you will be entitled to a 3.0% discount in recognition of the reduced costs, expenses and charges incurred by the Owner. Payments made by either credit/debit card, or cheque will be charged at the full advertised price to cover costs, expenses and charges incurred by the Owner in connection with payments of this nature.
3.5 The price of your chosen Holiday will be confirmed at the time of booking. As changes and errors occasionally occur, you must check all details at the time of booking. All prices quoted or otherwise advised to you include all charges and any UK taxes or governmental levies that apply to your reservation at the time of booking.
4. The Property
4.1 The Owner aims to ensure the accuracy of information provided on the website, in brochures and other promotional literature or material produced and circulated by the Owner and third parties. There may be small differences between the actual property and its description, as the Owner is 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 after he/she become aware of the situation. The Owner cannot accept responsibility for any changes or closures to local services or attractions mentioned on the website, by third parties, or advertised elsewhere. The Owner makes reasonable efforts to ensure that information supplied to you in relation to the Property and its facilities and/or services as well as advertised travel and other services is accurate and complete as at the date given. The Owner cannot accept responsibility for any inaccurate, incomplete or misleading information about the Property or its facilities and services, except where any such information has arisen out of his/her negligence.
4.2 The Holiday shall be from 3.00pm on the day of arrival and the Property must be vacated by 10.00am on the day of departure unless otherwise stated and agreed in writing by the Owner. If the Guest is unable to arrive at the Property by midday on the day following the Holiday start date the Guest must advise the Owner of the intended late arrival. Failure to arrive by midday on the day following the Holiday start date and failure in those circumstances to advise the Owner constitutes cancellation by the Guest. No refund of any monies paid by the Guest will be made in this situation.
4.3 In no circumstances may the number of people occupying the Property exceed the number stated in the booking form (maximum of four adults). The Owner reserves the right to refuse entry or terminate the Holiday without notice if this condition is not observed. The Owner may also refuse to hand over the Property to any person who, in the Owners reasonable opinion, is not suitable to take charge. No payments made by the Guest will be refunded. In such cases all liability of the Owner shall cease.
4.4 Electricity, heating oil and weekly cleaning are included in the cost of the Holiday. Bedding, Linen and Bath Towels are provided. Car parking is available with one space at the Property at the Guest’s risk.
4.5 Up to a maximum of three well-behaved pets are allowed at an additional charge of £20 per pet per week. The Owner asks all Guests with pets to respect the views and wishes of those other Guests who do not have pets. In particular, we would ask that all DOGS are kept downstairs.
4.6 Use of the Property is entirely at the Guest’s own risk and no responsibility can be accepted for loss or damage to any persons who use the Property or to their property but nothing in this agreement limits or excludes the liability of the Owner or the Agent for death or personal injury resulting from negligence.
5. Changes and Cancellations by the Guest
5.1.1 If you wish to change any detail of your confirmed booking we will do our best to make the changes, provided that notification is received by the Owner in writing from the party leader, or from your Travel Agent. The Owner cannot guarantee that he/she will be able to meet any such request. Please note that changes to your dates or accommodation may be treated as a cancellation of the original booking and hence be subject to cancellation charges.
5.2 Full Cancellations
5.2.1 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 day he/she receives your telephone notification of cancellation is the date on which your booking with the Owner is cancelled.
5.2.2 Depending on your reason for cancellation, you may receive a refund of all or part of the monies you have paid to the Owner for your Holiday.
5.2.3 Please note: The refund provisions referred to above only apply if the cancellation applies to all members of your party. All prices are for the entire property and not on a per person basis.
5.2.4 Under your contract with the Owner, your reason for canceling must be one of the following: must apply to a member of your party, and with the exception of pregnancy must have occurred after your booking, and must prevent you from taking your trip in order to qualify for a refund.
5.2.5 Please note: 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.
5.2.6 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, Fiancé(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 booking 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 booking is recoverable from any other source); or compulsory quarantine. You may also receive a full refund if you are unable to reach your booking 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 merely to delay your arrival. You will be asked to complete a Booking Cancellation form which may require signing by a Medical Practitioner or employer and in which we may request further information from a third party.
5.2.7 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.
5.2.8 Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above, e.g. dis-inclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc, a cancellation charge will be payable to the Owner, based on the number of days before the Holiday start date at the Property that notification is received of your cancellation, as detailed below. This means that if you have paid the balance of your total booking 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 booking cost 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, “Accommodation Cost” means the total cost of the Holiday booking, including any extra items.
5.2.9 Cancellation Charges
|Number of days before start date of the Holiday thatNotification of cancellation is received by the Owner.||Cancellation Charge payable by the Guest|
|More than 70 days||Full Deposit (including any Balance of Deposit Due)|
|29 to 70 days||50% of Accommodation Cost|
|15 to 28 days||75% of Accommodation Cost|
|14 Days or less||90% of Accommodation Cost|
|On arrival or later||Full of Accommodation Cost|
6. Cancellations and Changes by the Owner
6.1 The booking is made on the understanding that the Property is available to the Guest on the dates stated. The Owner does not expect to make any changes to your booking, but sometimes problems occur and bookings have to be changed or cancelled. The Owner reserves the right to do so. If for any reason beyond the Owner’s control the Property is not available on the date booked, the Owner will contact the Guest as soon as is reasonably practical and by telephone where possible, to explain what has happened and to inform the Guest of the cancellation or change.
6.2 In the event of a cancellation by the Owner then all monies paid by the Guest will be returned in full. The Owner shall not be liable for any loss, expense, inconvenience or otherwise resulting in such unavailability and the Guest shall have no claim against the Owner.
7. Force Majeure
7.1 Except where otherwise expressly stated in these terms and conditions the Owner regrets that he cannot accept liability or pay any compensation where the performance of the obligations under the contract are prevented or affected or the Guest suffers any damage or loss as a result of “force majeure”. In these terms and conditions “force majeure” means any event beyond the reasonable control of the Owner which he could not even with all due care foresee or avoid including but not limited to strike, lock-out, labour dispute, act of God, acts of terrorism, war, riot, commotion, malicious damage, compliance with a law or governmental order, rule regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of the Owner, fire, flood, snow and storm, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
8.1 The Owner has a buildings and contents insurance policy in place which includes public liability. The Guest is strongly advised to take out Holiday Cancellation Insurance and adequate Travel Insurance to cover the duration of your Holiday.
9. Disabilities and Medical Problems
9.1 If you or any member of your party has any medical problem or disability that may affect your booking please tell the Owner before you confirm your booking and give them full details in writing as early as possible before you travel. If the Owner reasonably feels unable properly to accommodate the particular needs of the person concerned he/she reserves the right to decline or cancel the reservation.
10. Special Requests
10.1 If you have any special requests you must advise the Owner at the time of booking and confirm them in writing. No guarantees can be given that any request can or will be met. Confirmation that a special request has been noted is not confirmation that the request will be met. Failure to meet any special request will not be a breach of your contract. Conditional bookings cannot be accepted i.e. any booking which is specified to be conditional on the fulfillment of a particular request.
11. Obligations of the Guest
11.1 The Property shall be used solely for holiday purposes and the Guest shall not sub-let the Property, or any part of the Property, or any equipment from the Property.
11.2 To observe the No Smoking policy inside the Property.
11.3 The Guest shall not re-arrange, change or remove any of the Property’s installations, furniture, fixtures and fittings.
11.4 The Guest shall not block the bath, sinks, lavatory, cistern, drains, gutters, pipes, chimneys and the like.
11.5 The Guest shall at all times maintain the Property and its contents in a clean and tidy condition and accept the Property as it is equipped at the commencement of the Holiday. The Guest must check the Property and its contents immediately on arrival and notify the Owner or his representative immediately of any faults or damaged items.
11.6 The Guest is expected to leave the holiday accommodation in the same state of cleanliness, general repair and the order in which it was found. An additional charge may be made if extra cleaning is required.
11.7 The Guest shall be liable to the Owner for any loss, costs, expenses or claims arising from any damage caused to the Property and/or its contents by the deliberate or negligent act or omission of the Guest or of any person in his/her party. If, as a result of such damage, the Property or any of its contents need to be repaired or any of the contents need to be replaced then the Guest shall be responsible for paying the reasonable costs of doing so.
11.8 To report to the Owner or representative any disrepair or defect in respect of the Property or the fixtures and fittings and report any failure of mechanical or electrical appliances when they are noticed, not after the Holiday, and whenever the Property is left unattended, to fasten all locks to all doors and windows to prevent unauthorised access to the Property.
11.9 The Guest shall allow the Owner, his representative or employees access to the Property at reasonable hours during the day, or to carry out urgent and unforeseen repairs or other works to the Property, or to carry out maintenance (at least 24 hours notice will normally be given, but the Guest will give immediate access in the event of an emergency).
11.10 There is a landline connection to the Property that accepts incoming calls, and allows outgoing calls to be made. The Guest should ensure that outgoing calls are paid for with the money being deposited in the honesty box at the Property. Internet access is also available at the Property either by ethernet connection or WiFi.
12.1 If you have any cause for complaint then the Owner is anxious that remedial action is taken as soon as possible. It is essential that you contact the Owner or their 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 their representative 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 possibly be investigated unless registered whilst you are in residence. Failure by the Guest to notify any complaint prior to departure will entitle the Owner to refuse to entertain the complaint, irrespective of its merits as it will be appreciated that it will then be impossible for the complaint to be effectively investigated.
12.2 If for some reason the Guest cannot make contact with the Owner or his/her representative then the party leader must, within 14 days of returning from your holiday rental, put your complaint in writing to the Owner. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. 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
12.3 Under no circumstances will the Owner’s liability exceed the rental paid for the Property.
13. Passports, Visas and Health Requirements
13.1 The Owner regrets he cannot accept any liability if the Guest or any members of the party are refused entry onto any transport or into any country due to the failure on the part of the person concerned to carry or supply correct documentation. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have or to supply any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on the Owner, you will be responsible for reimbursing the Owner accordingly. The Owner reserves the right to request any personal details, including passport numbers, if required to do so by the authorities or by law.
14. Governing Law
14.1 It is agreed that any dispute, claim or other matter which may arise in relation to the Holiday will be governed by English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
14.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom, except in so far as it is competently varied or excluded and these conditions shall be read and construed accordingly.
14.3 The Clauses in these terms and conditions shall operate on the basis that the terms and conditions and provisions contained within them shall be severable so as to have the effect as separate and distinct rights, provisions and obligations independently of the others. In all cases where any part of these terms and conditions is an unenforceable provision in terms of the Unfair Contract Terms Act 1977 or similar legislation, the unenforceable provision shall not effect the validity of the remaining portion of these terms and conditions, which remain in force as if the unenforceable provision had been eliminated.
15. Communicating with the Guest
15.1 For the purposes of the Data Protection Act 1998, The Owner is the sole data controller of all personal data provided to us by customers and prospective customers. In order to process your booking we need to collect certain personal details from you, for example names and addresses of party members, credit/debit card or other payment details, special requirements such as those relating to any disability or medical condition which may affect any party member’s Holiday and any dietary restrictions which may disclose religious beliefs.
15.2 If we need any other personal details, we will tell you before we obtain them from you. We need to pass on your personal details to the companies and organisations who need to know them so that your booking and any travel-related services (if any) can be provided for example your credit/debit card company or bank, or for verification of details relating to your booking. Such individuals, companies and organisations may be outside the European Union. Data protection legislation in those countries may differ from that in the UK.
15.3 We also need to process and store your personal details for our own administration, market analyses and operational reviews. We would also like to store and use your personal details for future marketing purposes (for example, sending you brochures, emails or details of promotions and offers which we feel may be of interest to you). All details you give to us at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information.
15.4 We may also disclose your details to immigration or law enforcement authorities where we are required to do so.
15.5 The Owner will never sell or provide customers’ names, contact details and any booking preferences to other individuals, companies and organisations. If you do not wish to receive any or all of the communications set out in this Section, please let the Owner know as soon as possible by telephone, letter, e-mail or fax. We are entitled to assume that you do not object to being communicated with unless you have indicated otherwise either at the time you gave your details to us or subsequently.
15.6 Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give to us as set out above unless you agree otherwise. The Guest is entitled to ask the Owner (by letter, fax or e-mail) if and how we are processing your personal details. The Owner is entitled to charge a fee in responding to such a request. We promise to respond to your request within 40 days of receiving this in writing and payment of the appropriate fee (if required by us). In certain limited circumstances we are entitled to refuse your request.