PLEASE READ THIS CAREFULLY. WHEN YOU MAKE A RESERVATION REQUEST WITH US (WHETHER BY EMAIL, TELEPHONE OR POST), THESE CONDITIONS ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU.
1.1) “Additional Fees” means any fees payable by the Holidaymaker other than the Rental Charge and Booking Fee, including (but not limited to) card handling fees, insurance costs, heating supplements, pet charges and linen charges.
1.2) “The Croft” means The Owners.
1.3) “Booking” means the reservation of the Property by the Holidaymaker.
1.4) “Booking Conditions” means these terms and conditions.
1.5) “Deposit” means:
(a) £50.00 deposit; or
(b) if the holiday is due to commence within four weeks of the date of a Reservation Request, 100% of the Rental Charge
1.6) “Holidaymaker” means the person or persons making the Booking.
1.7) “Holiday Confirmation” means the confirmation of the Booking issued by The Croft to the Holidaymaker (by email and/or post) once the Initial Payment has been processed.
1.8) “Property” means the accommodation for which a Booking is made.
1.9) “Rental Charge” means the total rental charge payable in respect of the Booking.
1.10) “Reservation Request” means a request to make a Booking in the form of a completed holiday booking form (whether submitted via the post, email, website or otherwise) or a telephone booking.
1.11) “Short Break” means a holiday for duration of less than seven nights.
2.1) Once the Initial Payment has been made and a Holiday Confirmation has been issued by The Croft, a legally binding contract shall exist between the Holidaymaker and The Croft, the Property will then be made available for the period set out in the Booking.
2.3) The contract shall be subject to these Booking Conditions and any other special conditions made known to the Holidaymaker at the time of the Booking.
BOOKINGS AND PAYMENT
3.1) Following receipt of a Reservation Request, The Croft shall check the availability of the Property. If the Property is available for the Holiday, the Croft shall reserve the Property.
3.2) Upon reservation of the Property in accordance with clause 3.1, the Holidaymaker must make a Deposit Payment to The Croft, unless advised otherwise. If payment is not received, the reservation will be cancelled.
3.3) Upon receipt of the Deposit Payment, The Croft will issue a Holiday Confirmation to complete the Booking.
3.4) The balance of the Rental Charge (if any) must be paid by the Holidaymaker to The Croft no later than four (4) weeks prior to the commencement of the holiday (The Croft shall endeavour to inform the Holidaymaker of the due date at the time of the Booking).
3.5) Where the Croft has not received the balance by the due date, an overdue reminder letter will be issued to the Holidaymaker. If the balance is not received within one (1) week prior to the commencement date, The Croft reserves the right to treat the Booking as cancelled by the Holidaymaker and clause 5 shall apply and the Holidaymaker shall have no claim against The Croft for compensation or reimbursement whatsoever.
3.6) The prices stated on The Croft’s website and brochure are cash prices in pounds sterling. Any charges raised against The Croft by its bank for handling dishonoured cheques, bank transfers or any other payments, must be reimbursed by the Holidaymaker to The Croft within seven (7) days of The Croft’s request to do so.
3.7) All payments must be made in pounds sterling.
3.8) The Croft reserves the right to correct any error in advertised and/or confirmed prices.
Immediately upon receipt of the Holiday Confirmation from The Croft, the Holidaymaker should check the details and notify The Croft of any mistakes/errors made by The Croft, as soon as possible and in any event within seven (7) days; no changes can be made to the Booking after this time. The Croft reserves the right to charge a holiday booking amendment fee to administer/correct any error by the Holidaymaker.
CANCELLATION BY THE HOLIDAYMAKER
5.1) The Holidaymaker should notify The Croft immediately in writing if he/she wishes to cancel the Booking. The cancellation only takes effect when the Croft has received written confirmation from the Holidaymaker. If the Booking is cancelled after the balance of the Rental Charge becomes payable, such balance shall remain payable notwithstanding cancellation.
5.2) No refunds will be given on the cancellation of a Booking by the Holidaymaker. The Holidaymaker should consider whether insurance cover is desirable.
6.1) In the event of the Croft being unable to arrange the holiday accommodation requested by the Holidaymaker, or if the Property becomes unavailable for whatever reason, The Croft will endeavour to arrange alternative accommodation for the Holidaymaker of an equivalent type and standard in a similar location.
6.2) If the Holidaymaker has paid any money in respect of a Property and that Property subsequently becomes unavailable, The Croft shall refund to the Holidaymaker all monies paid by the Holidaymaker.
6.3) The Croft is not liable for any costs associated with alternative accommodation, which must be paid by the Holidaymaker.
6.4) Save as set out above, The Croft shall have no liability for the cancellation or alteration of a Booking.
7.1) To the best of The Croft’s knowledge the details relating to any Property described in The Croft’s brochure were correct at the time of printing.
7.2) Upon becoming aware of any material inaccuracies in any published description of the Property or material changes to the Property, The Croft shall endeavour to correct them in future publications and inform the Holidaymaker. The Croft may, in its sole and absolute discretion, offer the Holidaymaker the option to treat the change as a Cancellation Event and clause 6 shall apply accordingly.
7.3) The Croft cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the brochure.
To minimise the financial risks associated with going on holiday it is strongly recommended that the Holidaymaker arranges travel insurance that matches their needs when booking the holiday.
RESPONSIBILITIES OF THE HOLIDAYMAKER
9.1) During the period of the holiday, the Holidaymaker (personally and on behalf of all other people visiting the Property) undertakes (for the benefit of The Croft) as follows:
9.1.1) that the number of people occupying the Property will not exceed the number stated on the Holiday Confirmation;
9.1.2) that the Property will be used solely for the purpose of a holiday by the Holidaymaker and his party;
9.1.3) to show due consideration for other parties (to include, but not be limited to, refraining from abuses of the Property and/or dangerous, offensive or rude behaviour to the Property Owner, his representative or any third parties such as neighbours);
9.1.4) to allow The Croft or his representative access to the Property at any reasonable time during the period of the holiday;
9.1.5) 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 and to ensure that at the end of the holiday the Property is left in the same state of order and cleanliness in which it was found. The Croft reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker’s occupancy and for any consequential loss;
9.1.6) to report as soon as possible to The Croft any breakages or damage caused by the Holidaymaker during the holiday and to reimburse The Croft with the cost of replacement. The Croft reserves the right to make a claim against the Holidaymaker for repair or loss as a result of damage caused;
9.1.7) 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 prior arrangement has been agreed with The Croft and/or the Holiday Confirmation states otherwise;
9.1.8) not (without the express permission of The Croft) allow any person other than guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property; and
9.1.9) to notify all other members of the Holidaymaker’s party of these undertakings.
9.2) In the event of a breach of any of the undertakings set out in clause 9.1 The Croft can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the Holiday. In either case the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
10.1) Pets are only allowed at Properties that are advertised as allowing a pet/pets and a charge of £25 for pets will be made at the time of booking. If a Holidaymaker takes a pet to a Property that does not allow them, or exceeds the stated number/size of pet, The Croft can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
10.2) The Holidaymaker is liable for all damage caused by his/her pets. The Holidaymaker should remove all traces (inside and out) from the Property of pet occupation before final departure. The Croft reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker’s occupancy. The Holidaymaker must not allow pets on beds or furniture within the Property and pets must not be left alone in the Property at any time. If the Holidaymaker breaches this clause The Croft may notify the Holidaymaker of the breach and if the Holidaymaker continues to breach this clause The Croft may make the Holidaymaker leave the Property before the end of the Holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
11.1) The Holidaymaker’s (and all other members of the Holidaymaker’s party’s) personal belongings and vehicles (together with their contents) are left at the Property entirely at their own risk.
11.2) The Croft shall accept no liability to the Holidaymaker for any loss, damage or injury howsoever caused to the Holidaymaker or to the Holidaymaker’s personal property (or to persons in the Holidaymaker’s party or their personal property) during their stay at the Property except to the extent such loss, damage or injury is caused by the negligence or wilful default of The Croft.
11.3) No representative, The Croft or sales person (whether employed by The Croft or not):
11.3.1) has authority to vary, amend or waive any of these Booking Conditions and no amendment or addition to any of these Booking Conditions shall be deemed to have been accepted unless accepted in writing by a senior manager of The Croft; and/or
11.3.2) has authority to make any verbal representations or provide additional information over and above information contained in The Croft’s brochures and website. The Croft cannot accept responsibility and give no warranty in respect of information or representations not contained in these Booking Conditions, The Croft’s brochures and/or The Croft’s website.
COMMUNICATION AND INFORMATION
12.1) For the purpose of the Data Protection Act 1998, all personal and other information and details collected by The Croft in the course of its business, belong to The Croft and will not be disclosed to any third party.
12.2) Provided the Holidaymaker has not told The Croft otherwise, The Croft may use the Holidaymaker’s personal information for marketing The Croft’s services.
12.3) If the Holidaymaker or other individual wishes to be removed from The Croft’s marketing lists, they should contact The Croft by phone on 015394 36374 or by email at email@example.com
12.4) Telephone calls between The Croft and the Holidaymaker may be monitored or recorded by The Croft for training and quality control purposes.
13.1) In the unlikely event the Holidaymaker may have cause for dissatisfaction, the Holidaymaker should contact The Croft as soon as possible. The Croft takes complaints from Holidaymakers seriously and endeavours to resolve the, if at all possible.
13.2) If the Holidaymaker is unhappy with The Croft’s response, the Holidaymaker should contact The Croft as soon as possible (and in any event within 28 days of the end of the holiday) and provide details of the complaint and The Croft’s response.
13.3) This clause 13 is without prejudice to any cause of action the Holidaymaker may have against The Croft.
No liability can be accepted and no compensation will be paid by The Croft, where the Holidaymaker or his personal property (and/or any person in the Holidaymaker’s party and/or their personal property) suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by The Croft are prevented or affected, by any event which The Croft could not have reasonably foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions closure of international borders, disease, none availability of transport services, interruption to services/utilities and all similar events outside the control of The Croft .
LAW AND JURISDICTION
All contractual obligations arising out of these conditions shall be subject to English Law and the exclusive jurisdiction of the English Courts.