Email: info@rutland-holiday-cottage.co.uk
Web: www.rutland-holiday-cottage.co.uk
Phone: 01572 821 366
Mobile: 07841 866 750
Four star quailty self catering accommodation
 

 

Booking Terms and Conditions

 

In these Booking Conditions “we” “us” “our” and “the Owner” mean Kathryn Turvey.

 “the Property” means The Old Stables, Rutland. 

References to "you" and "your" mean the person making the booking (the "Party Leader") as set out in the booking confirmation (“Booking Confirmation”) and all members of the holiday rental party who have been accepted by the Owner (including anyone who is added or substituted at a later date). These Booking Conditions set out the basis of your contract with the Owner. Nothing in these Booking Conditions affects your normal statutory rights.
 
1. Agreement
 
The making of a booking (as set out in clause 2 below) will form an agreement on these Booking Conditions (“the Agreement”) between you and the Owner for the holiday rental of the Property.
 
The Owner permits you to occupy the Property for the period shown in the Booking Confirmation (“the Holiday Period”) together with the use of the furniture fixtures and effects.
 
The Agreement is for the Holiday Period and is not intended to create the relationship of Landlord and Tenant between you and the Owner. You shall not be entitled to a tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or any other statutory security of tenure now or upon termination of the Agreement.
 
You will be responsible for all payments and for any damage whether caused by the Party Leader or his or her party (which shall include the Party Leader’s family servants agents or guests). 
 
 
2. Your Booking
 
All offers and bookings are subject to availability.   The booking should be made in one name only and that person (the Party Leader) shall not without the written consent of the Owner assign the booking. 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 the Owner. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you.
 
When the Owner issues a Booking Confirmation to you, this signifies that the Owner has entered into a contract with you, which is subject to these Booking Conditions. The Owner has the right to refuse any booking prior to the issue of your Booking Confirmation, and if the Owner does this, the Owner will tell you in writing and promptly refund any money you have paid them. When you receive your Booking Confirmation, the details must be checked carefully. If anything is not correct, you should tell the Owner immediately.
 
Please note we will provide you with your Booking Confirmation either by post or by email. If you provide us with an email address we will email the Booking Confirmation to you unless you advise at the time you would prefer it to be posted to you. All references to "your Booking Confirmation" therefore means confirmations provided by post or by email as applicable. It is your responsibility to check your emails regularly, ensure that any emails from us are not rejected by any spam filter you may have and to advise of any change to your email address.
 
The Owner reserves the right to refuse any booking.
 
3.  Paying for your Property
 
When you book the Property you should pay the deposit amount then due by debit or credit card, or by sending a cheque to the Owner. Until the deposit has been received it will be a provisional booking. Providing the booking can be confirmed, the Owner will then send your Booking 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 the Owner 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. If the Property is 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.
 
A security deposit of £100 will be due with your final payment. The security deposit will be refunded by the Owner at the end of the Holiday Period once the Property has been inspected (less any costs for breakages, damage etc if applicable - see clause 13 below).
 
In addition to the holiday cost a booking fee of £20 is payable to cover administration costs and any credit card charges levied on the Owner.
 
If any payment you make is not honoured for any reason whatsoever, the Owner is entitled to make an administration charge of £25.
 
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 and shall be entitled to damages and any other costs that it suffers under general principles of English contract law.
 
4. Cancellations or changes to your booking by the Owner
 
The Owner does 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, the Owner 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.
 
The Owner reserves the right to cancel or alter arrangements made for the Party Leader whether before or during the Holiday Period (a) in any circumstances which arise from or are attributable to acts, events, omissions or accidents beyond the reasonable control of the Owner or (b) where in the reasonable opinion of the Owner it is necessary to perform or complete essential remedial or refurbishment works.
 
If a booking has to be cancelled or changed and the Party Leader does not accept the altered holiday arrangements the Owner will return to the Party Leader the relevant proportion of the money paid by the Party Leader to the Owner in respect of the Property and will not otherwise be liable for any loss caused by cancellation or alteration if it arises out of force majeure (see below). 
 
You are required to tell the Owner within 48 hours whether you wish to accept any change or alternatively whether you want a refund. In the unlikely event that the Party Leader fails to tell the Owner that you wish to accept any change the Owner is entitled to assume you wish to cancel your booking.
 
Please note the above options are not available where any change made is a minor change.   A minor change is a change which, taking into account the information you gave at the time of booking or which the Owner can reasonably be expected to know, the Owner could not reasonably expect to have a significant effect on your confirmed booking.
 
5. Circumstances beyond the control of the Owner (Force Majeure)
 
Except where otherwise expressly stated in these Booking Conditions, the Owner shall not be liable, jointly or individually, for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by the Owner to perform or properly or promptly perform its obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of the Owner (referred to as "force majeure" in these Booking 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) the Owner will, however, refund to you all monies paid to the Owner 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 Owner to you.
 
6. Website and promotional details
 
The Owner aims to ensure that the information provided by it is accurately conveyed on the website and other promotional literature or material produced and circulated by the Owner. However, the information and prices on the website/in other material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of the website/other material and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of the Property and arrangements (including the price) with the Owner at the time of booking. There may be small differences between the Property and its description, as the Owners 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, the Owner will tell the Party Leader as soon as reasonably practical after the Owner becomes aware of the situation. The Owner cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the information supplied by the Owner or advertised elsewhere. The Owner makes 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.
 
7. Liability
 
The Owner shall have no liability for any death or personal injury unless it results from the Owner’s 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 the Owner in respect of damage to, or loss of, such personal Property except, in the case of the Owner, where the damage or loss is caused by the negligence of the Owner or that of any employee of the Owner (providing they were at the time acting in the course of their employment)
 
Please also refer to clause 5 (Force Majeure) above.
 
8. If you change or cancel your booking
 
(i) Changes
 
If you want to change your booking once your Booking Confirmation has been issued we will endeavour to assist but please bear in mind that changes cannot be guaranteed and any changes are at the sole discretion of the Owner. Where changes can be made an administration fee of £25 will be payable to the Owner 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 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. The Owner will advise the Party Leader if this is the case when the change is requested. The Party Leader must then inform the Owner within 48 hours whether you still wish to change your booking. If you advise the Owner that you do or the Party Leader fails to contact the Owner within 48 hours your booking will be treated as having been cancelled by you. So as to keep any period of uncertainty to a minimum, the Owner will, whenever reasonably possible, communicate with you by telephone and you are required to do the same.
 
(ii) Cancellations
 
The booking may be cancelled at any time by the Party Leader giving the Owner notice in writing. A cancellation charge of the total cost of your holiday booking will be payable. On receipt of the written cancellation the Owner will endeavour to re-book the Property for the Holiday Period and, if successful for the whole or part of the period, will refund the relevant proportion of the money paid less £50 to cover office administration.
 
9. Family Occupation
 
The Property shall be for family use only, not for youth groups or other groups or student parties. 
 
The Property must not be used except for the purpose of a holiday by the Party Leader and his or her party during the Holiday Period and not for any other purpose or longer period.
 
10. Smoking
 
Smoking is not permitted in any part of the Property and you undertake not to smoke inside the Property.
 
11. Pets
 
Pets are not permitted at the Property.
 
12. Services
 
Unless otherwise stated in writing the holiday price will include all charges for water, electricity and oil. Only wood may be used on the wood burner. Any damage charged by using inappropriate fuel will be charged to the Party Leader.
 
13. Your Property
 
You can arrive at the Property at any time after 3.00pm (unless advised otherwise, for example on your Booking Confirmation) on the first day of the Holiday Period and you must leave by 10.00am on the last day. You will be issued keys to the Property and must return them on the last day of the Holiday Period. Failure to do so will incur the cost of a replacement set.
 
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 to use the Property for the purpose of a holiday and 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 the Owner.
 
You must not use the Property or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to the Owner or to any neighbours. 
 
You must comply with any reasonable regulations relating to the Property of which the Party Leader has written notice.  Such regulations will be found in the welcome folder in the Property.
 
You are responsible to the Owner 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 the Owner can require payment from you to cover any such costs. Breakages and damage must be reported as soon as possible.
 
The Owner is entitled at his/her 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 the Owner reasonably believes 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 the website states 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.  If you do any of these things, the Owner can refuse to hand over the Property to you, or can repossess it.  If the Owner does 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 the Owner will not 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). The Owner will also not be obliged to find any alternative accommodation for you.
 
You must allow the Owner and 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 the Owner is entitled to enter the Property at any time without giving you prior notice).
 
14. Complaints
 
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint the Owner is anxious that remedial action is taken as soon as possible. It is essential that you contact the Owner or his/her 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 his/her 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.
 
15. Communicating With You
 
For the purposes of the Data Protection Act 1998 the Owner is the sole data controller of all personal data provided to the Owner by customers and prospective customers. In order to process your booking the Owner needs to collect certain personal details from you, for example names and addresses of party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect any party member’s holiday arrangements. If the Owner needs any other personal details, it will tell you before it obtains them from you.
 
The Owner also needs to process and store your personal details for its own administration, market analyses and operational reviews. The Owner 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 the Owner feels may be of interest to you). All details you give to the Owner 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.
 
Except where expressly permitted by the Data Protection Act 1998, the Owner will only deal with the personal details you give to it as set out above unless you agree otherwise. You are generally entitled to ask the Owner (by letter, fax or e-mail) if and how it is processing your personal details. The Owner is entitled to charge a fee in responding to such a request. The Owner promises to respond to your request within 40 days of receiving this in writing and payment of the appropriate fee (if required by the Owner). In certain limited circumstances the Owner is entitled to refuse your request.
 
16. Failure to Exercise
 
The fact that the Owner does not exercise any of its rights under this agreement in any particular incidence or breach or default by you shall not constitute a waiver by the Owner of such right in that or any subsequent incidence.
 
17. Notices
 
Notices shall be sufficiently served if sent by pre-paid first class letter to the address appearing in the Booking Confirmation or such other address as each party may from time to time have communicated in writing to the other.  Any notice to be served on the Party Leader may be given during the Holiday Period by delivery through the letterbox or putting under the front door of the Property and shall be deemed to have been received upon the expiration of 24 hours after service.
 
18. Severance
 
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions and the remainder of the provision in question shall not be affected.
 
19. Rights of Third Parties
 
The Contracts (Rights of Third Parties) Act 1999 might give rights to third parties who are not parties to this Agreement.   The parties agree that this will not apply and that only those signing the contract shall have rights under it.
 
20. Headings
 
The headings in this document are included only for convenience, and do not affect the meaning of the clauses to which they relate.
 
21. Law
 
The contract between you and the Owner shall be governed by the law of England and Wales and both parties submit to the non exclusive jurisdiction of the UK Courts.
 
22. Your rights
 
Your statutory rights are not affected by anything contained within these Booking Conditions.
 
23. These Booking Conditions
  
These Booking Conditions were updated in December 2009 and the prices and booking conditions supersede all previous editions. Prices and booking conditions may be superseded by subsequent editions.