GUEST BOOKING TERMS AND CONDITIONS
1 – OUR ROLE
1.1 We act as agent for the Owner by taking and arranging Bookings for the Properties that appear on this Site. We do not own any of the Properties but we reserve the right to refuse any Bookings in accordance with these Booking Conditions.
1.2 Once we have accepted a Booking in the way described in the Making a Booking section below, a legally binding Rental Contract will be formed between you and the Owner under which the Owner will make the Property available to you and provide the Rental Services for the Holiday Period. Just to be clear, we will not be a party to the Rental Contract.
1.3 The following will all form part of the Rental Contract between you and the Owner:
1.3.1 your Booking Details;
1.3.2 these Booking Conditions; and
1.3.3 any other special or additional conditions that we draw to your attention during the booking process before we accept your Booking.
1.3.4 As our obligations to you are limited to those in connection with the Booking Service, we accept no liability for any defects or unavailability of the Property or any other problems with your holiday. Your rights under these Booking Conditions and the Rental Contract are directly against the Owner. Please see further the Our liability section.
2 – YOUR USE OF OUR BOOKING SERVICE
2.1 Our Booking Service is available to you for your personal, non-commercial use only. You may not offer for resale any Booking Services or Rental Services for any Properties that appear on our Site without our express written permission.
3 – PROPERTY AND RENTAL SERVICES DESCRIPTIONS
3.1 We make every effort to ensure that the descriptions (including Rental Charges and availability) relating to the Properties and Rental Services on our Site are accurate and complete. These descriptions include details of the Property and Rental Services including photos, the availability period of the Property for rental, the Rental Charges and any additional charges, the facilities available at the Property, maximum occupancy numbers, any accreditations, awards or descriptions of quality relating to the Property including star ratings. If we discover a mistake or error relating to this information we will correct this promptly on our Site and will contact you if that information relates to a Booking that you have already made using our Site.
3.2 The Property and Rental Services descriptions do not constitute advice or recommendation given by us. We do not independently verify accreditations, awards or star or other quality ratings and such ratings are only indicative of what level of quality you can expect from a particular Property. We will not be liable for inaccuracies or errors in this information or the accommodation information as this information is supplied to us by Owners.
3.3 Rental Charges shown in the search listings on our Site are per Property (and not per person). It is your responsibility to check the total price before completing the Booking process.
3.4 We do not accept responsibility for any changes or closures to amenities or attractions mentioned in the Property or Rental Services descriptions on our Site.
4 – MAKING A BOOKING
4.1 To be eligible to make a Booking and enter into a Rental Contract you must:
4.1.1 be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
4.1.2 register with us on the Site (in advance or when Booking) or by telephone by providing your real name, phone number, email address and other requested information; and
4.1.3 possess a valid credit or debit card issued by a bank acceptable to us.
4.1.4 a 20% deposit of the total amount is payable immediately and the remaining balance is due 8 weeks before your arrival date, unless the booking is made within the 8 weeks period, then the whole amount is payable.
4.2 You may make a Booking directly using the Site or by contacting us by telephone or by email using the details in the Contact us section.
4.3 If you provide your Booking details to us by email, we will send to you a link on the Site so that you can make a Booking online.
The contract between you and us and between you and Owners
4.4 By making a Booking with us you are making an offer to:
4.4.1 receive our Booking Service; and
4.4.2 enter into a Rental Contract with the applicable Owner.
4.5 The following steps have to take place before a contract is made between us for the provision of the Booking Service and between you and the applicable Owner for the provision of Rental Services under a Rental Contract:
4.5.1 you submit your Booking form to us on the Site by submitting your Booking Details and your payment details for processing by pressing ‘Pay Now’. Before submitting your Booking on the Site, the Booking process will give you the opportunity to review the Booking, these Booking Conditions and the Booking Details for your chosen Property and, if you require, make amendments to your Booking.
For telephone bookings we will read you details of your Booking and Booking Conditions for your confirmation. You may make any required amendments at this point. We will then request payment details and process these;
4.5.2 you will receive an on-screen acknowledgement of your Booking and a receipt for your payment by email at the address provided
For telephone bookings we will verbally confirm your booking reference and will send you a receipt for your payment by email at the address provided;
4.5.3 we check the availability of the Property relating to your Booking and, provided we have processed your payment, we will send you an email confirming your booking together with a copy of these Booking Conditions and other details relating to your Booking (“Booking Confirmation”);
4.5.4 we accept:
a) your offer to receive our Booking Services; and
b) acting on the applicable Owner’s behalf as its agent, your offer to enter into the Rental Contract,
in each case, at the time we take payment for the Booking Fee and Deposit. Accordingly, nothing that we say or do will amount to any acceptance of your offer until we actually take payment for the Booking Fee and Deposit, at which point a contract will be made between us for the Booking Service and between you and the Owner for the provision of Rental Services under the Rental Contract.
4.6 You will not be able to make a Booking for a Holiday Period that falls too far in the future. However, for certain Properties, you may have the opportunity to make a provisional Booking via the Site for your desired Holiday Period. The fee for such Booking will be quoted during the Booking process. If you make a provisional Booking, we will notify you if and when the Property becomes available for Bookings for your desired Holiday Period. You may cancel a provisional Booking at any time by contacting us using our details in the Contact Us section and we will refund you the fee you have paid for the provisional Booking in full within 14 days of receiving your request. If you confirm your provisional Booking by making a Booking then we will deduct the fee for the provisional Booking from the applicable Booking Fee. If the Owner withdraws the Property from the Site or you do not make a Booking when we give you the opportunity to do so, the provisional Booking will be automatically cancelled and we will refund the fee you have paid for the provisional Booking in full within 14 days of cancellation. All refunds will be made using your original payment method.
5 – FEES, CHARGES AND PAYMENT
5.1 The fees and charges will be as quoted on this Site from time to time and, unless otherwise stated, are quoted in pounds sterling. We use our best efforts to ensure that these are correct at the time when the relevant information was entered onto our systems. However, it is always possible that, despite our best efforts, some of the fees and charges on the Site may be incorrectly priced. We will normally check these prices as part of our confirmation procedures so that:
5.1.1 where the actual Rental Charges or other fees are less than those quoted on the Site at the time you made your Booking, we will charge the lower amount when confirming the Booking to you; and
5.1.2 where the actual Rental Charges or other fees are higher than those quoted on the Site at the time you made your Booking, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to book the Property at the correct (higher) price or cancelling your Booking. We will not process your Booking until we have your instructions. If we are unable to contact you using the contact details you provided during the Booking process, we will treat the Booking as cancelled and notify you in writing.
5.2 The fees and charges may change from time to time, but changes will not affect any Booking which we have confirmed with a Booking Confirmation.
5.3 All Booking Fees, Rental Charges and all other fees and charges quoted on this Site include VAT, where applicable.
5.4 Before submitting your Booking online, you will be presented with details of the total Rental Charges payable for your Booking together with details of the following amounts payable at the time of your Booking:
5.4.1 the Booking Fee (which is non-refundable once your Booking is confirmed);
5.4.2 the Deposit and, if the date the Rental Balance would normally fall due for that Booking has already passed, the Rental Balance too; and
5.4.3 any additional fees and charges quoted during the Booking process when you make your Booking (for example, card handling fees, heating supplements, pet charges and linen charges).
5.5 If you are paying a Deposit rather than the entire Rental Charges when making your Booking, you will also be presented with the date by which you will need to make payment to us for the Rental Balance. Please note, we may (but are not obliged to) contact you to remind you of the due date for payment of the Rental Balance.
5.6 We currently accept various forms of payment including via credit and debit card. Please refer to our Payment Methodspage for details of the payment cards and methods that we currently accept.
5.7 We take the payments due at the time of Booking from your chosen payment method once you have entered your payment details and have clicked the ‘Confirm Card Details’ button, subject to payment authorisation.
5.8 If the Rental Balance or any other additional payments are due after you make your Booking, then:
5.8.1 if you authorised us to take payment for these amounts when you made your Booking, we will automatically take payment from you using your original payment method. If there has been a change to the Rental Charges due to changes in the exchange rates and additional amounts are payable, we will contact you before taking payment. Please see further paragraph 8.1 below; or
5.8.2 if you did not authorise us to take payment for these amounts when you made your Booking, you will need to make these payments either by using the payment feature within your account on the Site or by contacting us by telephone using the number in the Contact us section below.
6 – YOUR RIGHT TO CANCEL OR TRANSFER A BOOKING
6.1 Please check all the details in your Booking Confirmation promptly after receiving the confirmation and notify as soon as possible if you think we have made any mistakes or errors with your Booking.
6.2 Please contact us directly using the contact details in the Contact Us section if you would like to amend your Booking. If an Owner agrees to amend the Booking, additional charges including additional Rental Charges and/or an administration fee may also be payable to cover our costs of making the amendment. This does not affect your legal rights.
6.3 After you receive your Booking Confirmation:
6.3.1 you will not be entitled to cancel the Booking Service for a particular Booking and obtain a refund as we will already have completed the provision of the Booking Service for that Booking; and
6.3.2 you will not have a legal right to cancel the Rental Contract as the Rental Services provided under it are accommodation and leisure services for which the contract provides a specific period of performance. You may, however, end the Rental Contract in accordance with the section Your right to end a Rental Contract.
6.4 You may not transfer your Rental Contract to another person. If you do not stay at the Property during the Holiday Period but your Guests do, you will still be legally responsible for all your obligations under the Rental Contract and these Booking Conditions and your Guests’ compliance with them.
7 – CANCELLATIONS OF YOUR BOOKING BY US AND OWNERS
7.1 We may cancel your Booking on an Owner’s behalf if:
7.1.1 we become aware of any health and safety or quality-related issue with the applicable Rental Services or Property or its immediate surroundings (for example contamination to the Property’s water supply);
7.1.2 our agency agreement with the relevant Owner terminates due to a breach by the Owner.
7.2 An Owner may cancel your Booking due to circumstances or events outside their reasonable control.
7.3 If we or an Owner cancels a Booking in accordance with this, we may (but are not obliged to):
7.3.1 arrange alternative accommodation for you and your Guests of an equivalent type and standard in a similar location. We will not be liable for any costs associated with arranging alternative accommodation and such alternative may be subject to the payment of additional charges by you if the Rental Charges for the alternative are higher than those under the cancelled Booking; and/or
7.3.2 obtain a refund from the relevant Owner of any amounts paid by you to that Owner in relation to the cancelled Booking.
8 – BOOKING RESTRICTIONS
8.1 The maximum Holiday Period for any Booking is generally 28 consecutive days, subject to availability. However, certain Properties may have a shorter maximum Holiday Period.
8.2 If a Property requires a minimum Holiday Period or has a maximum Holiday Period shorter than 28 days, this will be clearly stated on the relevant Property description page on our Site.
9 – YOUR RESPONSIBILITIES
9.1 You must make sure that all the information you provide to us in connection with your Booking is true, accurate, current and complete. If any of your details change (e.g. email address, postal address), you must promptly update your details.
9.2 You accept financial responsibility for all transactions made under your name or account.
9.3 You promise to us and to each Owner that during the Holiday Period:
9.3.1 that the number of people occupying the Property will not exceed the number stated on in your Booking Confirmation;
9.3.2 that the Property will be used solely for the purpose of a holiday by you and your Guests;
9.3.3 that you will (and ensure that your Guests will) show all due consideration and respect for any Owners and their representatives and neighbours or other persons or parties that have a connection with the Property. This includes refraining from abusing your stewardship of the Property or dangerous, offensive, violent or anti-social behaviour towards such persons or parties;
9.3.4 that you will (and ensure that your Guests will) use the Property and Rental Services lawfully, will not abuse any facilities provided as part of the Rental Services and will comply with any health and safety or other policies or instructions notified to you by us or the Owner in connection with the Property or Rental Services;
9.3.5 to allow the Owner or his representative to access the Property at any reasonable time during the Holiday Period provided the Owner provides reasonable advance notice (except in emergencies);
9.3.6 to keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the Holiday Period and to ensure that at the end of that period the Property is left in the same state of order and cleanliness in which it was found. The Owner (or us acting on their behalf) may make an additional, reasonable charge for professional cleaning after your and your Guests’ occupancy as may be required to return the Property to its original state of cleanliness and tidiness;
9.3.7 to report as soon as possible to the Owner (or his representative) any breakages or damage caused by you or your Guests during the Holiday Period. Without affecting any other remedies that the Owner has under the Rental Contract, you promise to fully reimburse the Owner for the cost of replacement or repair for such breakages or damage. We may collect such payments on the Owner’s behalf;
9.3.8 to arrive after 3 p.m. on the arrival day and to vacate the Property by 10 a.m. on the day of departure unless you have selected alternative check-in and check-out dates during the Booking process (as detailed in your Booking Confirmation) or agreed otherwise with the Owner;
9.3.9 not to allow any person other than you and your Guests to use the facilities and amenities of the Property without the express permission of the Owner; and
9.3.10 to notify all Guests before the Holiday Period starts of your and their obligations.
9.4 You will be responsible for all Guests staying at the Property and the things they do (and do not do) even if you do not stay there yourself during the Holiday Period.
9.5 It is your responsibility to ensure you, your Guests and any pets have the relevant travel and health documents and requirements needed for visiting the country in which a Property is located. These include any passport or other identification documents, visa requirements and, in the case of pets, any vaccines or microchips. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with such requirements.
9.6 In the event that you or any Guest fails to comply with the requirements set out, the Owner (or their representative) can refuse to allow you and your Guests to enter and stay at the Property or can require you and your Guests to leave the Property before the end of the Holiday Period. In either case, you will be treated as having broken the terms of Rental Contract and the provision set out in the Owners’ right to end a Rental Contract section will apply.
10 – OWNER’S RESPONSIBILITIES
10.1 The Owner will:
10.1.1 perform the Rental Services using reasonable care and skill;
10.1.2 as soon as possible, notify you in writing of any changes to the description of the Property and/or Rental Services relating to your Booking which would make our descriptions of the Property inaccurate, incomplete or misleading;
10.1.3 ensure that the Property is vacant and that you and your Guests have exclusive access to the Property and Rental Services for the full period of the Holiday Period;
10.1.4 ensure that suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
10.1.5 not make any use of the Property (including conducting any viewings of the Property) during the Holiday Period;
10.1.6 show all due consideration and respect to you and your Guests including refraining from any dangerous, offensive, violent or anti-social behaviour towards you and your Guests;
10.1.7 will ensure that the Owner, the Property and the Rental Services comply with all applicable laws and regulations during the Holiday Period;
10.1.8 comply with the terms of the Rental Contract and act in good faith at all times;
10.1.9 respond to queries, complaints and problems which arise during or after the Holiday Period and use its best efforts to resolve them; and
10.1.10 if VAT forms part of the Rental Charges, provide you with a VAT invoice at your written request.
11 – PETS
11.1 Pets are only allowed at Properties where this is expressly stated in the applicable Property description. If you take a pet to a Property that does not allow them, or exceed the stated number/size of pet(s), the Owner (or his representative) has the right to:
11.1.1 refuse to allow you and your Guests to enter or stay in the Property; or
11.1.2 ask you and your Guests to leave the Property before the end of the Holiday Period.
11.2 If the Owner exercises their rights under paragraph 11.1, the Owner may end the Rental Contract in accordance with the Owners’ right to end a Rental Contract section.
11.3 You will be liable for all damage caused by your and your Guests’ pets. If you are allowed a pet/pets in the Property, you should remove all traces (inside and outside) from the Property of pet occupation before you and your Guests’ vacate the Property at the end of the Holiday Period. The Owner may make an additional, reasonable charge for professional cleaning after your and your Guests’ occupancy due to any pets that have stayed at the Property. You must not allow pets on beds or on furniture within the Property and pets must not be left alone in the Property at any time. If you break the terms of this paragraph
11.4, the Owner (or their representative or us on their behalf) may notify you that you have broken those terms and if you continue to do so may end the Rental Contract and require you and your Guests to leave the Property before the end of the Holiday Period.
11.5 Registered assistance dogs are allowed in all Properties featured on our Site, even where the property description states that pets are not allowed, provided that you comply with the provisions in paragraph 11.3. You must notify us of the intended presence of any assistance dogs prior to Booking. If you have an allergy to dogs, please be aware that we and Owners cannot guarantee that an assistance dog has not stayed in a particular Property recently. We and Owners cannot accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.
12 – INSURANCE
12.1 You are strongly advised to take out adequate travel insurance prior to departing for your holiday. It is your responsibility to check that your insurance cover is adequate.
13 – PROMISES THE OWNER MAKES TO YOU ABOUT THE PROPERTY AND RENTAL SERVICES
13.1 The Owner promises to you that:
13.1.1 it has the right to provide the Rental Services and enter into the Rental Contract with you
13.1.2 the Owner will maintain, at the Owner’s expense and with a reputable insurance company, policies to meet the Owner’s liabilities under the Rental Contract with you;
13.1.3 the Property and the Owner will comply with all applicable laws and regulations, in particular, relating to fire, health, safety and planning and data protection; and
13.1.4 the Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period.
14 – OUR LIABILITY
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Booking Service including the right to receive services supplied with reasonable skill and care.
14.2 To the fullest extent permissible under applicable law, we disclaim any and all other promises, warranties, conditions, or representations relating to the Booking Service, whether express, implied, oral or written. In particular, we do not make any promises about:
14.2.1 the availability of the Booking Service or the Site or that they will be provided uninterrupted or error or virus-free;
14.2.2 errors or inaccuracies in any documentation supplied by Owners or their representatives, including any documentation that appears on the Site; or
14.2.3 the quality, suitability or performance of the Rental Services, the Property or the Owner. You understand that we may not have conducted any checks on Owners or their Properties and the inclusion or offering for sale of Rental Services does not constitute an express or implied endorsement or recommendation by us of such services. We do not guarantee the accuracy of, and disclaim liability for any inaccuracies relating to the Rental Services offered for sale through us. We shall not be liable for any damages arising as a result of any inaccurate information or errors on our Site which relate to information about Property or Rental Services. We shall not be liable to you for any losses in the event of Owners overbooking, cancelling bookings in full or in part or due to circumstances or events beyond our or their control.
14.3 We do not authorise anyone to make any promises on our behalf.
14.4 We will not be responsible or liable:
14.4.1 for Owners’ performance of their obligations under any Rental Contracts with you or any actions and/or omissions by them (or their nominated representatives) in relation to the Property or Rental Services that you book using the Booking Service; or
14.4.2 for any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption.
14.5 You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your Guests are left at the Property entirely at your and their own risk. We accept no liability to you for any loss, damage or injury to you or your Guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by our negligence.
14.6 If either we or you fail to comply with these Booking Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Booking Conditions. Losses are foreseeable where they were contemplated by you and us at the time we accept a Booking made by you.
15 – OWNER’S LIABILITY
15.1 Owners do not exclude or limit in any way their liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Rental Services including the right to receive the Rental Services supplied with reasonable skill and care.
15.2 If either you or an Owner fail to comply with the terms of the Rental Contract, including these Booking Conditions, neither you nor the Owner shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with those terms. Losses are foreseeable where they were contemplated by you and the Owner at the time we accept a Booking made by you.
16 – YOUR RIGHTS AS A CUSTOMER
16.1 We and Owners are under a legal duty to supply services that are in conformity with our respective contracts with you. You have certain legal rights as a consumer under the law and nothing in these Booking Conditions affects your legal rights. Advice about your legal rights in relation to the services we and Owners provide is available from your local Citizens’ Advice Bureau or Trading Standards office. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.