Booking Terms and Conditions
SALLY'S COTTAGES TERMS & CONDITIONS OF BOOKING ("THE CONDITIONS")
Sally’s Cottages is the trading name of Sally Limited, Company Number 05341579, of registered office address 7, St John's Street, Keswick, Cumbria, CA12 5AP (incorporated in England).
1 INTERPRETATION
1.1 In these Conditions the following words shall have the following meanings:
“Booking Enquiry” means an offer to hire Holiday Accommodation made by the Hirer in accordance with condition 3;
“Company” means Sally Limited, Company Number 05341579, of registered office address 7, St John's Street, Keswick, Cumbria, CA12 5AP (incorporated in England);
“Contract” means the making of a Booking Enquiry to hire Holiday Accommodation by the Hirer and the acceptance of the Booking Enquiry by the Company (acting on behalf of the Owner) in accordance with condition 3 for the hire of Holiday Accommodation for the Hire Period;
“Deposit” means the sum equivalent to one third of the Price (to the nearest £5);
“Hirer” means the person who makes a booking with the Company to hire Holiday Accommodation;
“Hire Period” means the period during which the Hirer and the Party will occupy the Holiday Accommodation in accordance with these Conditions;
“Holiday Accommodation” means the holiday accommodation which the Hirer has chosen to hire in accordance with these Conditions;
“Owner” means an owner of Holiday Accommodation;
“Party” means the individuals that will occupy the Holiday Accommodation for the Hire Period as have been notified by the Hirer to the Company in accordance with these Conditions;
“Price” means the price to hire the Holiday Accommodation (excluding any Security Deposit);
“Security Deposit” means a security deposit to be paid (if applicable) in accordance with condition 5;
“Website” means www.sallyscottages.co.uk .
2 STATUS OF THE COMPANY
The Company is acting as an agent for the Owner in connection with accepting and administering bookings of Holiday Accommodation on its behalf. The Company has authority from the Owner to accept Booking Enquires and to confirm acceptance of Booking Enquiries (in accordance with conditions 3.2.2 and 3.3.2) on behalf of the Owner in accordance with these Conditions.
3 APPLICATION OF CONDITIONS
3.1 These Conditions shall apply to the Contract.
3.2 Booking Enquiry made by email or telephone
3.2.1 The Hirer should contact the Company either by email or telephone to make a Booking Enquiry. At the time of the Booking Enquiry the Hirer shall provide the Company with the following:-
(a) details of the name of the Holiday Accommodation which they would like to hire;
(b) the dates on which they would like to hire the Holiday Accommodation from and to;
(c) details of their name, address, contact telephone number and email address;
(d) confirmation that they are aged 21 years or over;
(e) the number of individuals in the Party; and
(f) whether there are to be any pets within the Party and if so, how many.
3.2.2 Once the Hirer has submitted the online Booking Enquiry the Company shall acknowledge receipt of the Booking Enquiry by email, or alternatively (if applicable) shall acknowledge receipt of the Booking Enquiry orally over the telephone. The Company shall check availability of the chosen Holiday Accommodation. Although the Company may confirm that the Holiday Accommodation is available to hire, the Booking Enquiry shall not be deemed to be accepted until the Company (acting on behalf of and with the authority of the Owner) provides the Hirer with written acceptance on headed paper upon receipt of a Deposit at which point the contract for the hire of the Holiday Accommodation for the Hire Period on these Conditions will be established. The written acceptance shall confirm:-
(a) the date and times of the Hire Period;
(b) the Price based on the information provided by the Hirer in accordance with condition 3.2.1; and
(c) confirmation of the amount of the Security Deposit to be paid (if the Holiday Accommodation requires a Security Deposit is made).
3.3 Booking Enquiry made online via the Website
3.3.1 For some Holiday Accommodation the Hirer may make a Booking Enquiry (which will be made subject to these Conditions) online via the Website. The Website indicates which Holiday Accommodation this option is applicable to. To make a Booking Enquiry online via the Website the Hirer should follow the on screen instructions.
3.3.2 The Company shall check availability of the chosen Holiday Accommodation. Although the Company may confirm that the Holiday Accommodation is available to hire and/or provided an acknowledgment, the Booking Enquiry shall not be deemed to be accepted until the Company (acting on behalf of and with the authority of the Owner) provides the Hirer with written acceptance on headed paper upon receipt of a Deposit at which point the contract for the hire of the Holiday Accommodation for the Hire Period on these Conditions will be established. The written acceptance shall confirm:-
(a) the date and times of the Hire Period;
(b) the Price based on the information provided by the Hirer in the online Booking Enquiry;
(c) confirmation of the amount of the Security Deposit to be paid (if the Holiday Accommodation requires a Security Deposit is made).
4 HIRER OBLIGATIONS
4.1 Numbers in Party
4.1.1 The number of persons occupying a property must not exceed the number provided by the Hirer in condition 3.2 or 3.3 (unless the Hirer has notified the Company of the increase at least 14 days before the start of the Hire Period, the Company (acting on behalf of the Owner) has agreed to the increase and if applicable the Hirer has paid an additional fee). If the number of persons occupying does exceed the numbers provided by the Hirer under condition 3.2 or 3.3 (or any increase agreed between the Hirer and the Company) then:-
(a) the Hirer may be required to pay an additional sum to cover the additional occupancy; or
(b) if the additional occupancy would exceed the maximum limit of occupancy for that particular Holiday Accommodation then the additional persons will not be permitted to occupy. If the additional person/ people continue to occupy then the Owner has the right to enter the Holiday Accommodation and require the Hirer and all those within the Party to vacate the Holiday Accommodation. If the Owner does take this action then the Hire Period shall be deemed to have immediately come to an end and the Hirer (and anybody within the Party) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early.
4.2 Pets
4.2.1 The Hirer must not allow any pets in the Holiday Accommodation unless it has notified the Company that they will be taking a pet in accordance with condition 3.2 or 3.3 (or unless the Hirer has notified the Company that they intend to take a pet at least 14 days before the start of the Hire Period, and the Company (acting on behalf of the Owner) has allowed the Hirer to take a pet, and the Hirer has paid an additional fee).
4.2.2 Where pets are permitted in the Holiday Accommodation:-
(a) they must not be left unattended in the Holiday Accommodation at any time;
(b) they must not be allowed in any of the bedrooms or on any of the furniture within the Holiday Accommodation;
(c) they must be under strict control at all times.
4.2.3 If a garden is described as enclosed it does not mean that it is ‘escape-proof’ for pets. The Hirer must clear up any fouling of gardens or grounds without delay.
4.2.4 If the Hirer or anybody within the Party brings a pet with them without having first notified the Company (acting on behalf of the Owner) that they will be taking a pet in accordance with condition 3.2 or 3.3 to which the Company (acting on behalf of the Owner) has confirmed they can do so, (or unless the Hirer has notified the Company that they intend to take a pet at least 14 days before the start of the Hire Period, and the Company (acting on behalf of the Owner) has agreed that the Hirer can take a pet, and the Hirer has paid an additional fee) then:-
(a) the Hirer will be required to pay an additional sum to cover the charge for the pet occupying; or
(b) if the Hirer has booked Holiday Accommodation which does not permit a pet then the Owner has the right to enter the Holiday Accommodation and require the Hirer and all those within the Party to vacate the Holiday Accommodation. If the Owner does take this action then the Hire Period shall be deemed to have immediately come to an end and the Hirer (and anybody within the Party) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early.
4.3 Vacation
Upon vacating the Holiday Accommodation at the end of the Hire Period the Hirer shall ensure that the Holiday Accommodation is left clean and tidy.
4.4 Damage or Losses
4.4.1 If during the Hire Period there are any breakages or damage caused to the Holiday Accommodation, or any furniture, equipment, or utensils within the Holiday Accommodation by the Hirer or anybody within the Party (including a pet) then the Hirer should report the same to the Owner as soon as reasonably practicable (or if the Owner cannot be contacted, the Hirer should contact the Company) and as far as reasonably possible before the Hirer vacates the Holiday Accommodation on the last day of the Hire Period. The Hirer undertakes to reimburse the Owner for any and all reasonable costs it incurs for repairing the damage or if applicable replacing the item(s) damaged or broken.
4.4.2 If during the Hire Period the Owner is concerned as to the extent of any damage or breakages to or at the Holiday Accommodation, or any furniture, equipment, or utensils within the Holiday Accommodation, then the Owner has the right to enter the Holiday Accommodation and they may require the Hirer and all those within the Party to vacate the Holiday Accommodation. If the Owner does take this action then the Hire Period shall be deemed to have immediately come to an end and the Hirer (and anybody within the Party) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early.
4.4.3 The Hirer shall be deemed to have forfeited the Security Deposit:-
(a) if during the Hire Period there are any breakages or damage caused to the Holiday Accommodation, or any furniture, equipment, or utensils within the Holiday Accommodation; or
(b) if after the Hirer has vacated the Holiday Accommodation the Holiday Accommodation requires any additional cleaning beyond what would be reasonably expected.
In either scenario under condition 4.4.3 (a) and/ or 4.4.3 (b) the Owner shall be entitled to use the Security Deposit (without prejudice to condition 4.4.1) towards making good any damages or breakages, and towards any additional cleaning. If after making such repairs, or making good such damages and breakages, or carrying out any additional cleaning, there is some of the Security Deposit remaining that shall be returned to the Hirer.
5 CHARGES AND PAYMENT
5.1 Upon making a Booking Enquiry the Hirer will be asked to make a payment which will be as follows:-
5.1.1 If the first day of the Hire Period is more than 6 weeks from the date of the Booking Enquiry, the Hirer must pay a Deposit;
5.1.2 If the first day of the Hire Period is 6 weeks or less than 6 weeks from the date of the Booking Enquiry, the Hirer must pay the total Price at the time of the Booking Enquiry and if applicable a Security Deposit (which for the avoidance of doubt if paid by cheque the Company shall cash).
5.2 All payments will be accepted and administered by the Company on behalf of the Owner
5.3 If a Booking Enquiry is rejected and the Contract is not made, the Company shall return any payment made by the Hirer in accordance with condition 5.1 (minus any charges incurred for credit card payments)
5.4 Payment can be made using the following methods:-
5.4.1 by way of debit card;
5.4.2 by way of credit card (NOTE- PAYMENTS MADE BY CREDIT CARD WILL INCUR A CHARGE OF 2.5%); or
5.4.3 by way of cheque made payable to Sally Ltd.
All payments made will be into a designated client account of the Company and paid to the Owner in accordance with the terms of an agreement between the Owner and the Company.
5.5 In the case where a Deposit has been made upon making the Booking Enquiry, the balance of the Price (and if applicable the Security Deposit) is payable to the Company not later than six weeks before the first day of the Hire Period (the “Final Payment Date”). If the Company does not receive the balance of the Price by the Final Payment Date then it may following consultation with the Owner, cancel the Contract on behalf of the Owner. If the Contract is cancelled then the Hirer will be deemed to have forfeited the Deposit subject to the provisions in condition 10.
6 THE ACCOMMODATION
6.1 Descriptions
6.1.1 The Company makes every effort to ensure that the description of the Holiday Accommodation (as appears on its Website) is accurate and up to date. The Company does make every effort to update the descriptions for any material changes made to the Holiday Accommodation, however the Company shall not be held responsible for any minor discrepancies in the Holiday Accommodation from the descriptions on its Website, or any changes made to the Holiday Accommodation by the Owner after the date of the Booking Enquiry. If there are any material changes to the Holiday Accommodation which are made after the date of the Booking Enquiry the Company will make the Hirer aware of any material changes as soon as reasonably possible after the Company becomes aware of them.
6.1.2 Occasionally the exteriors, furniture, furnishings and room layouts of the Holiday Accommodation may differ from the photographs on the Website.
6.2 Maintenance
Grass cutting, gardening, window cleaning and maintenance works etc may from time to time be carried out by or on behalf of the Owner during the Hire Period, however where possible the Owner will try to accommodate the Hirer’s reasonable requirements if they are aware of them and will try to carry out all such works with the least disruption to the Hirer and the Party as far as reasonably possible.
6.3 Old Cottages
If the Holiday Accommodation is an old cottage then it may be prone to damp patches during wet or humid weather, and prone to condensation on walls. These problems can be alleviated by ventilating the property. However, as a general rule elderly, young, or those sensitive to humidity and damp should avoid such cottages especially in the wettest periods (e.g. winter and early spring). Please note also that old cottages can be prone to uneven floors.
6.4 Private Water Supply
Some of the cottages have a private water supply. Where this is the case, the supply is filtered and checked by the council but we recommend that the Hirer boils water before drinking it or uses bottled water.
6.5 Cots and High Chairs
Not all Holiday Accommodation will have a cot and high chair available to use during the Hire Period. The Hirer should check the availability of a cot and high chair at the Holiday Accommodation at the time of the Booking Enquiry and should confirm at the time of the Booking Enquiry whether they will be required during the Hire Period. Cots and high chairs will vary in age, style and condition and should only be used by a small child aged under 24 months.
6.6 Bed Linen, Cot Linen and Towels
Bed linen is provided at the Holiday Accommodation but cot linen is not provided (and the Hirer should bring their own). Towels will not be provided as standard at the Holiday Accommodation (unless the Company has notified the Hirer otherwise in advance of the Hire Period). Occasionally towels can be hired at an extra cost if ordered at least 2 weeks in advance of the first day of the Hire Period.
6.7 Timing of Occupancy and Vacation
Acting on behalf of the Owner, the Company shall notify the Hirer in advance of the Hire Period of the time at which the Hirer and the Party can commence occupation of the Holiday Accommodation, and of the time at which the Hirer and the Party must vacate the Holiday Accommodation.
6.8 Basis of Occupation
The Holiday Accommodation is let to the Hirer and the Party for the Hire Period only (without prejudice to the Owner’s right to bring the Hire Period to an end early in accordance with these Conditions) and is not an Assured Tenancy or Assured Shorthold Tenancy as defined by the Housing Act 1988 as amended.
7 COMPLAINTS
7.1 If the Hirer has cause for complaint during the Hire Period the matter should be raised in the first instance with the Owner as soon as reasonably possible using the contact details provided to the Hirer by the Company. If the Hirer is unable to contact the Owner then the Hirer should contact the Company as soon as reasonably possible. This will allow the Owner time to consider the complaint and if possible and reasonable, will allow the Owner to take action it reasonably can to rectify the problem. If the Owner is satisfied that the problem cannot be rectified it may, at its discretion, offer the Hirer a refund of all or part of the Price.
7.2 If the Hirer does not raise any complaint which it may have during the Hire Period, the Owner shall not, except in limited circumstances, consider any and all complaints the Hirer raises after the Hire Period has come to an end.
8 Limitation of Liability- THE HIRER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
8.1 This condition sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees) to the Hirer in respect of:
8.1.1 any breach of these Conditions;
8.1.2 the hire of the Holiday Accommodation by the Hirer and the Party; and
8.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract and these Conditions.
8.3 Nothing in these Conditions limits or excludes the liability of the Company:
8.3.1 for death or personal injury resulting from the negligence of the Company; or
8.3.2 for any damage or liability incurred by the Hirer as a result of fraud or fraudulent misrepresentation by the Company.
8.4 The Company does make every effort to update the descriptions on its Website for any material changes made to the Holiday Accommodation, however the Company shall not be held responsible for any minor discrepancies in the Holiday Accommodation from the descriptions on its Website, or any changes made to the Holiday Accommodation by the Owner after the date of the Booking Enquiry. If the Company has been notified by the Owner of any changes made to the Holiday Accommodation which are material, it shall use its reasonable endeavours to notify the Hirer.
8.5 Subject to condition 8.2 and condition 8.3:
8.5.1 as the Company is acting purely as agent for the Owner and does not have any control over the Holiday Accommodation or the Owner, the Company shall not be liable for:-
(a) any injury;
(b) any sickness;
(c) any loss;
(d) any damage;
(e) any additional expense;
(f) any damages for inconvenience
caused directly or indirectly by or arising out of the use or condition of the Holiday Accommodation and its appearance, plumbing, gas, electrics, private water, exceptional weather conditions or the Owner’s negligence. The Company shall not be liable for any actions or omissions of the Owner. The Company shall not be liable for any damage or loss caused to any belongs of the Hirer or the Party during the Hire Period.
8.5.2 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price.
9 DATA PROTECTION
The Company will use the personal data of the Hirer and members of the Party for the purpose of processing the Booking Enquiry and for carrying out the Company’s obligations in accordance with the Contract. The Company will also pass on the personal data of the Hirer and the Party to the Owner.
10 TERMINATION
10.1 The Company (acting on behalf of the Owner) or the Owner may terminate the Contract:-
10.1.1 in accordance with the provisions in condition 4.1.1; or
10.1.2 in accordance with the provisions in condition 4.2.4; or
10.1.3 in accordance with the provisions in condition 4.4.2; or
10.1.4 in accordance with the provisions in condition 5.5
and in each of the above scenarios the Hirer shall not be entitled to a refund of the Deposit or the Price or part of the Price.
10.2 The Company (acting on behalf of the Owner) may terminate the Contract in accordance with the provisions in condition 12.2 and in such scenario the Hirer should seek reimbursement of the monies which it has paid in accordance with condition 5, direct from the Owner (which the Company shall assist with).
THE HIRER IS ADVISED TO TAKE OUT HOLIDAY INSURANCE IN CASE IT HAS TO CANCEL THE HIRE OF THE HOLIDAY ACCOMMODATION.
10.3 If the Hirer wishes to terminate the Contract then it shall notify the Company as soon as possible in writing. On receipt of the notice the Company shall place the Holiday Accommodation as available to re-let on its Website for that period. If the Company or the Owner is able to re-let the Holiday Accommodation for that period then it will refund the Hirer as follows:-
10.3.1 if the Hirer cancels after it has paid all of the Price (in accordance with condition 5) and the Company is able to re-let the Holiday Accommodation for the same price or a greater price than which the Hirer has paid then the Hirer shall be entitled to a refund of the Price paid minus an administration fee of £30;
10.3.2 if the Hirer cancels after it has paid all of the Price (in accordance with condition 5) and the Company is able to re-let the Holiday Accommodation at a reduced price than the Hirer has paid then the Hirer shall be entitled to a refund of part of the Price (only to the extent of the amount paid by the new hirer) minus an administration fee of £30;
10.3.3 if the Hirer cancels having only paid the Deposit and the Company is able to re-let the Holiday Accommodation for the same price or a greater price than which the Hirer would have paid then the Hirer shall be entitled to a refund of the Deposit paid minus an administration fee of £30;
10.3.4 if the Hirer cancels having only paid the Deposit and the Company is able to re-let the Holiday Accommodation at a reduced price than the Hirer would have paid then the Hirer may be entitled to a refund of part of the Deposit based on the following calculations:-
A = Price payable by Hirer
B = new price paid/ payable by new hirer
C = A – B
D = Deposit paid by Hirer
D – C = refund due to Hirer
minus an administration fee of £30.
10.4 If the Company is unable to re-let the Holiday Accommodation then the Hirer shall forfeit the Deposit and/or the Price it has paid.
11 FORCE MAJEURE
The Company shall have no liability to the Hirer or any member of the Party under these Conditions if it is prevented from, or delayed in performing, its obligations under these Conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors
12 VARIATION
12.1 Any proposed alterations to the Hire Period by the Hirer will only be accepted at the discretion of the Company (acting on behalf of the Owner) and will be subject to an administration charge of £30. If the alteration is accepted by the Company (acting on behalf of the Owner) then subject to payment of a reasonable administration fee by the Hirer, the Contract shall be amended accordingly.
12.2 If, for reasons beyond its control, the Owner has to cancel the Contract the Company shall notify the Hirer as soon as reasonably possible. The Company shall assist the Hirer to seek re-imbursement of any monies paid under condition 5 direct from the Owner.
13 SEVERANCE
13.1 If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
13.2 If a provision of these Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
14 ASSIGNMENT
The Company may at any time assign or transfer all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
15 RIGHTS OF THIRD PARTIES
Only the Company (and its assignee), the Hirer and the Owner shall have any rights under the these Conditions and a person who is not a party to these Conditions or the Contract shall not have any rights under or in connection with it.
16 NOTICES
16.1 Any notice or other communication required to be given under the Contract or under these Conditions shall be in writing and shall be sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party and for the attention of the Company or the Owner or as the case may be the Hirer.
16.2 Any notice or other communication shall be deemed to have been duly received when left at the address and for the attention of the Hirer or the Company or the Owner (as the case may be) or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
17 GOVERNING LAW AND JURISDICTION
17.1 The Contract and these Conditions, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
17.2 The parties irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract, these Conditions or its subject matter.
