Vale of Lune Holiday Cottages - Cottage for rent Lake District.
TERMS AND CONDITIONS FOR THE VALE OF LUNE HOLIDAY COTTAGES
In these Booking Conditions "we", "us", "our" and "the Company" means Vale of Lune Cottages.
When you book a property with us, you enter into a contract with Vale of Lune Cottages.
We are responsible for the administration of your booking. References to "you" and "your" mean the person making the booking (the "party leader") and all members of the holiday rental party who have been accepted by us (including anyone who is added or substituted at a later date). These Booking Conditions set out the basis of your contract with us. They also deal with the Company's position. Nothing in these Booking Conditions affects your normal statutory rights.
1. Your booking
All offers and bookings are subject to availability. The party leader must be at least 18 years of age 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 holiday 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 us. Your booking is made as a consumer and you agree that no liability can be accepted by us for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When we issue a written confirmation (see below) to you, this signifies that we have entered into a contract with you, which is subject to these Conditions. We have the right to refuse any booking prior to the issue of your written confirmation, and if we do this, we will tell you in writing and promptly refund any money you have paid us. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should tell us immediately.
Please note we will provide you with your written confirmation either by post, electronically or by email. If you book with us online, we will acknowledge receipt of your booking and then provide your confirmation to you electronically or 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 you would prefer it to be provided electronically or by email. All references to “your written confirmation” therefore means confirmations provided by post, electronically or by email as applicable. It is your responsibility to check your emails regularly and to advise of any change to your email address.
2. Paying for your property
When you book your property you should pay the amount then due by debit or credit card, or by sending a cheque to us. Providing the booking can be confirmed, we will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by us no less than 8 weeks before your arrival date at the property. If you book less than 8 weeks before your arrival date, payment of your total holiday cost is due straightaway. For properties booked less than 2 weeks before your arrival date your booking must be paid for in full by debit or credit card, or by bank transfer, at the time of booking.
The prices of unsold arrangements may be increased or decreased and corrections made to errors in advertised prices at any time before your arrangements are confirmed. The price of your chosen arrangements will be confirmed at the time of booking. As changes and errors occasionally occur, you must check all details of your chosen holiday (including the price) at the time of booking.
All prices quoted in the brochure or otherwise advised to you include Value Added Tax (at 17.5%) where applicable. Should the VAT rates increase, or any additional taxes or levies be introduced which affect the price of your holiday, you may be required to pay the extra amount. Alternatively, should the rate of VAT, or any government imposed tax or levy included in the quoted prices decrease so that a lower rate applies to your holiday, the price of your holiday will be reduced accordingly.
If you pay by credit card we will make a charge of up to 2% for each payment made this way to recover the credit card company’s charges to us.
Occasionally, offers are made giving you the chance to book properties at either a lower than usual, or a nil, deposit. Details of any additional terms specific to the offer will be notified to you prior to or on making your booking and should be read in conjunction with these Booking Conditions. If you book a property at either a lower than usual, or a nil deposit, you also agree to pay the difference between the amount paid and the usual deposit, either at the time the balance of your total holiday cost is due, or at the time of cancellation if you cancel your booking. If you cancel you must also pay all other applicable cancellation charges. Please refer to Sections 3 and 7 for details regarding cancellations. If any payment you make is not honoured for any reason whatsoever, we are entitled to make an administration charge of £25.
If any payment due in relation to your booking is not paid by the appropriate date, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. We normally send out a reminder to you before your booking is cancelled. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in Section 7 depending on the date we reasonably treat your booking as cancelled.
3. Cancellations or changes to your booking by us.
We do not expect to have to make any changes to your booking, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, we will contact the party leader (by telephone where reasonably possible in the case of a significant change or cancellation, minor changes will be notified by post) as soon as is reasonably practical, explain what has happened, and inform you of the cancellation or change.
If a significant change has to be made (and the change is not acceptable to you) or your booking has to be cancelled, we will, if possible and as soon as reasonably practical, offer the party leader an alternative property (from the range advertised by us) of similar type and standard for the same or similar time of year. If you accept this alternative property, you will not be required to pay any more than the price you paid for the original property. However, if you do not wish to accept a significant change or any alternative property offered or we cannot offer you a suitable alternative property, you will be entitled to cancel your booking and receive a full refund of all monies paid to us. So as to keep any period of uncertainty to a minimum, we will, whenever reasonably possible, communicate with you by telephone in the case of a significant change or cancellation and you are required to do the same. The party leader should tell us as soon as reasonably possible whether you wish to accept any change or alternative property offered, or alternatively whether you want a refund. In the unlikely event that the party leader fails to tell us that you wish to accept any change or alternative property we are entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to us.
Please note the above options are not available where any change made is a minor change.
Where your booking is significantly changed or cancelled, you will also be offered compensation if and as appropriate and subject to your providing proof of loss. A minimum compensation of £20 per booking will usually be paid. However, compensation will not be payable where any change or cancellation results from “force majeure” (please refer to Section 4 below) or where you have refused, without good reason, to accept an alternative property you have been offered. Please note, no compensation is payable for minor changes. No compensation is payable and the above options will not be available if we cancel your booking as a result of your failure to comply with any requirement entitling the Company or the Owner to cancel (such as paying on time). A minor change is a change which, taking into account the information you gave at the time of booking or which we or the Owner can reasonably be expected to know, we or the Owner (as applicable) could not reasonably expect to have a significant effect on your confirmed booking.
4. Circumstances beyond our control (Force Majeure)
Except where otherwise expressly stated in these Booking Conditions, we shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by us to perform or properly or promptly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) beyond our reasonable control (referred to as “force majeure” in these Conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the property by any cause (other than negligence of the Owner) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure due to force majeure) we will, however, refund to you all monies paid to the Company by you for your booking. No compensation, expenses, costs or other sums of any description (including without limitation the cost of securing an alternative property/ accommodation) will be payable in such circumstances by the Company to you.
5. Brochure details
The Company aims to ensure that the information provided is accurately conveyed in brochures and other promotional literature or material produced and circulated by us. However, the information and prices in brochures/other material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of brochures/other material and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen property and arrangements (including the price) with us at the time of booking. There may be small differences between the actual property and its description, as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, we will tell the party leader as soon as reasonably practical after we become aware of the situation. We cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in brochures, by our holiday advisers or advertised elsewhere. We make reasonable efforts to ensure that information supplied to you in relation to the property or its facilities and/or services is accurate and complete as at the date given. We will, however, use our best endeavours to notify you of any changes to, or inaccuracies in, any information provided to you as soon as reasonably practical afterwe have become aware of any changes or inaccuracies.
6. Liability
We shall have no liability for any death or personal injury unless it results from the our negligence or that of any employee of the Owner (providing they were at the time acting in the course of their employment). You must take all necessary steps to safeguard your personal property. No liability is accepted by us in respect of damage to, or loss of, such personal property except where the damage or loss is caused by our negligence or that of any employee of the Owner (providing they were at the time acting in the course of their employment).
Except where loss of and/or damage to luggage or personal possessions is concerned, for all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount the Company will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. Additionally, the Company cannot accept liability for any business losses.
Nothing in this Section 6 or elsewhere in these Booking Conditions will exclude or limit any liability we may have to you for (a) any fraudulent act or omission or (b) liability under Part 1 of the Consumer Protection Act 1987 (or any replacement, variation or amendment thereof) PROVIDED ALWAYS that nothing in this Section 6 will confer on you any right or remedy to which you would not otherwise be entitled by law.
Please also refer to Section 4 (Force Majeure) above.
7. If you change or cancel your booking
(i) Changes If you want to change your booking once your confirmation has been issued we will endeavour to assist but please bear in mind that changes cannot be guaranteed. Where changes can be made an administration fee of £25 will be payable to us once any change has been made together with any other resulting costs (for example any increase in price). However, it is important to realise that a change of property or dates may have to be treated as the cancellation of one booking and the making of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your holiday booking. We will advise the party leader if this is the case when the change is requested. The party leader must then inform us as soon as reasonably possible whether you still wish to change your booking. If you advise us that you do or the party leader fails to contact us as soon as reasonably possible, your booking will be treated as having been cancelled by you. So as to keep any period of uncertainty to a minimum, we will, whenever reasonably possible, communicate with you by telephone and you are required to do the same.
(ii) Cancellations If you have to, or wish to, cancel your booking, the party leader must telephone us on the number shown on your booking confirmation as soon as possible. The party leader must also immediately confirm your cancellation in writing sent by recorded delivery to us at the address shown in the brochure or on the website. The day we receive your telephone notification of cancellation is the date on which your booking is cancelled.
You are strongly advised to take out holiday insurance cover, in order that you may be able to recover the cost of your holiday in the event of cancellation.
8. Your property
You can arrive at your property at any time after 3.00pm (unless advised otherwise, for example on your confirmation) on the start date of your holiday rental and you must leave by 10.00am on the last day. If your arrival will be delayed beyond 8.00pm on the start date of your holiday rental, you must contact the person whose details are given on the location guide so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the property. If you fail to arrive by 12 noon on the day after the start date of your holiday rental and you do not advise the person whose details are given on the location guide of your late arrival, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.
You and all members of your party agree both to keep the property clean and tidy and to leave the property in a similar condition as you found it upon your arrival. You and all members of your party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by us. You are responsible to us for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your party, and we can require payment from you to cover any such costs.
We are entitled at our sole and absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations) if we reasonably believe that any damage is likely to be caused, has been caused or is being caused by you or any members or your party. These circumstances will be treated as a cancellation by you. You also must not allow more people than stated to occupy the property, neither can you significantly change the composition of your party during your occupation of the property, nor can you take your pet into the property unless this has been arranged in advance and is shown on your confirmation. If you do any of these things, we can refuse to hand over the property to you, or can repossess it. If we do so, this will be treated as a cancellation by you. In these situations no refund of any monies you have paid in respect of your booking will be made and neither will we have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation or the payment of any compensation to you). We are also not obliged to find any alternative accommodation for you.
If you take a pet with you, it is not allowed on beds or furniture, or in any communal facilities, such as swimming pools or shops. Pets should not be left unattended in the property, and dogs should be kept on a lead within the boundaries of a property including the garden. Registered guide and support dogs belonging to those with visual and hearing impairments are allowed in all our properties. Customers with allergies should be aware that we cannot guarantee that a registered guide and/or support dog has not stayed in their chosen property nor can we accept any liability for any suffering which may occur as a result of such animals having been present.
You must allow us or any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations we are entitled to enter the property at any time without giving you prior notice).
9. Complaints
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint we are anxious that remedial action is taken as soon as possible. It is essential that you contact us 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 we are promptly notified. Discussion of any criticisms with us whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence.
10. Communicating With You
For the purposes of the Data Protection Act 1998, Vale of Lune Cottages is the sole data controller of all personal data provided to the Company 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 arrangements and any dietary restrictions which may disclose religious beliefs.
If we need any other personal details, we will tell you before we obtain them from you.
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 the Company 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.
Occasionally, we may sell or provide customers’ names, contact details and any booking preferences to other individuals, companies and organisations authorised by us who offer goods or services which we feel may be of interest to you. The companies, organisations and third parties to whom we disclose customer details may contact any members of your party by post, e-mail, telephone, including automated dialling equipment, fax, and/or pre-recorded messages for the purposes set out in this Section. If you do not wish to receive any or all of the communications set out in this Section, then please us 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.
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. You are generally entitled to ask us (by letter, fax or e-mail) if and how we are processing your personal details. We are 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) . In certain limited circumstances we are entitled to refuse your request. We may also record or monitor telephone calls to and from us without notification for staff or training purposes.
11. Law
The contract between you and us is subject to English law and no other, and is formed in Kerarstwick, Cumbria, England. It is agreed that any dispute you may have with the us will be dealt with by the Courts of England and Wales only unless you live in Scotland or Northern Ireland in which case proceedings may be brought in the Courts of Scotland or Northern Ireland respectively.
12. Your rights
Your statutory rights are not affected by anything contained within these Booking Conditions.
13. These Booking Conditions
These Booking Conditions were updated in September 2008 and the prices and booking conditions supersede all previous editions. Prices and booking conditions may be superseded by subsequent editions.