Booking Terms and Conditions

(the "Company" and "") arrange bookings of properties as agents of the owners (the "Owner") of such properties (the "property"). When you book a property through , you enter into a contract with the Owner of that property. are responsible for the administration of your booking, but, except where otherwise stated in these Conditions, do so solely on behalf of and as agents for the Owner. Where these Conditions mention "the Company" without using words such as "on behalf of the Owner" or "as agents for the Owner" this means in its own right rather than as agent for the Owner. 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 the Company on behalf of the Owner. These Conditions set out the basis of your contract with the Owner. They also deal with ' position. Nothing in these Conditions affects your normal statutory rights.

1. Your booking

You can book the properties and take up the offers shown in this web site or otherwise advertised if the applicable property or offer is still available. The party leader must be at least 18 years of age at the time of booking. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner or the Company 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 Company on behalf of the Owner issue a written confirmation to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. The Company on behalf of the Owner has the right to refuse any booking prior to the issue of your written confirmation, and if the Company on behalf of the Owner do this, the Company on behalf of the Owner 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 the Company on behalf of the Owner immediately.

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 together with a completed booking form to the Company. Providing the booking can be confirmed, the Company on behalf of the Owner 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 the Company no later than 8 weeks before your arrival date.
However, if you book less than 8 weeks before the arrival date, payment of your total holiday cost (including any insurance premiums) 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. All prices quoted in the web site or otherwise advised to you include all booking fees, charges, and, where applicable, Value Added Tax (at 17.5%) and Insurance Premium Tax (at 17.5%). Should the VAT or IPT 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, IPT 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 the Company will make a charge of up to 2%, subject to a minimum charge of 2, for each payment made this way to recover the credit card company's charges to the Company. 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 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 (standard deposit values shown below), plus any insurance premiums due, either at the time the balance of your total holiday cost is due, or at the time of cancellation if you cancel your booking. Please refer to Sections 3 and 7 for details regarding cancellations.If any payment you make is not honoured for any reason whatsoever, the Company is entitled to make an administration charge of 25.

Standard Deposits

HOLIDAY PRICE

INITIAL PAYMENT

0 to 199

70

200 to 299

110

300 to 399

140

400 to 499

170

500 to 749

220

750 to 999

290

1000 to 1499

390

1500 +

490

3. Cancellations or changes to your booking by the Owner or the Company

Neither the Owner nor the Company 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 Company 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, the Company will, if possible and as soon as reasonably practical, offer the party leader an alternative property (from the range advertised by the Company) of similar type and standard in a similar location for the same or similar time of year. As the alternative property is likely to be owned by a different Owner to that of the original property booked, the advertised cost of the alternative property will be payable. However, it is possible you may be able to claim any price difference (if the alternative property is more expensive than the original one) from the Owner of the original property. You may be asked to pay any price difference if the alternative property is advertised at a higher price. Obviously, if the alternative property is advertised at a lower price, you will receive a refund (if you have already paid the balance of your total holiday cost) of the price difference. If you do not wish to accept a significant change or any alternative property offered or the Company cannot offer you a suitable alternative property, you will receive a full refund of all monies paid to the Company. So as to keep any period of uncertainty to a minimum, the Company 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 the Company as soon as reasonably possible whether you wish to accept any change or alternative property offered, or alternatively whether you want a refund, as soon as possible after the party leader being advised of the change, cancellation or proposed alternative property. In the unlikely event that the party leader fails to tell the Company that you wish to accept any change or alternative property the Company is entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to the Company. Where your booking is significantly changed or cancelled, you will also be offered compensation if and as appropriate. 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. Such minor changes do not entitle you to take an alternative property or to cancel without paying the normal charges as set out in these Conditions. A minor change is a change which the Owner could not reasonably expect to have a significant effect on your confirmed booking.

4. Circumstances beyond the control of the Owner/the Company (Force Majeure)

Except where otherwise expressly stated in these Conditions, the Owner and the Company 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 and/or the Company to perform or properly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of either the Owner or the Company (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 or the Company) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure) the Company on behalf of the Owner 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 either the Owner or the Company to you.

5. Web site details

The Company aims to ensure that the information provided by Owners is accurately conveyed in the web site and other promotional literature or material produced and circulated by the Company. However, the information and prices in this web site/other material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of the web site/other material and prices at the time of printing, errors occasionally occur. You must therefore ensure you check all details of your chosen property and arrangements (including the price) with the Company at the time of booking. There may be small differences between the actual property and its description, as both the Company and 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 Company will tell the party leader as soon as reasonably practical after the Company becomes aware of the situation. Neither the Owner nor the Company can accept responsibility for any changes or closures to area amenities or attractions mentioned in the web site by the Company's Holiday Advisers or advertised elsewhere. The Company 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. The Company cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and/or services, except in the case of the negligence of the Company. The Company will, however, use its best endeavours to notify you of any changes to or inaccuracies in any information contained in the web site or otherwise provided to you as soon as reasonably practical after the Company becomes aware of the change or inaccuracy.

6. Liability

The Owner and the Company shall have no liability for any death or personal injury unless, in the case of the Company, this results from the negligence of the Company or its employees (providing they were at the time acting in the course of their employment) or, in the case of the Owner, 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 or the Company 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) or, in the case of the Company, where the damage or loss is caused by the negligence of the Company or its employees (providing they were at the time acting in the course of their employment). As the Company acts only as agent for the Owner, the Company cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing, or employed by, the Owner. Further, the Company cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owner. 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, an administration fee of 25 will be payable to the Company once any change has been made. 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. The Company will advise the party leader if this is the case when the change is requested. The party leader must then inform the Company as soon as reasonably possible to whether you still wish to change your booking. If you advise the Company that you do or the party leader fails to contact the Company 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, the Company 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 the Company 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 the Company at the address shown in the web site. The day the Company receives your telephone notification of cancellation is the date on which your booking is cancelled. The cancellation protection only applies if the cancellation applies to all members of your party. Note: All prices are for the entire property and not on an individual basis. Subject to this clause, you can cancel your booking and receive a full refund of all monies paid to the Company ,including all booking fees, other than a cancellation administration fee of 35 per week and, where applicable, the premium(s)for any personal/car breakdown insurance you have purchased from the Company any amendment charges, and credit card charges you have already incurred. To qualify for a refund your reason for cancelling must be one of the following, must apply to a member of your party ,must have occurred after you booked your holiday (with the exception of pregnancy)and must prevent you from taking your holiday:-Illness/Pregnancy (subject to medical evidence of unfitness to travel),(Please note that pregnancy is not covered where the party member is expected to give birth before or within 14 weeks of the arrival date home).Death, Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years),Jury or Witness service (in a Court of Law), Illness or Death of a close relative (a close relative is defined as one of the following:-Spouse, Son or Daughter (in law),Parent (in law),Grandparent, Sister or Brother, Fianc (e),Your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage. Your presence is requested by the Police, following a burglary at your home or place of business, during the period of your holiday or within the preceding 7 days. Your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost holiday is recoverable from any other source)or compulsory quarantine. You may also receive a full refund if you are unable to reach your holiday destination due to snow or flood conditions. (N.B. This cover only applies if you have made every effort to attempt to complete your journey. You will need to produce evidence from either the Police, RAC or AA).Although you are covered for a complete refund for all curtailed holidays, you may prefer to delay your arrival until conditions improve. In these cases, a 25%refund is available for each 24 hour delay up to a maximum of 72 hours -75%(For short breaks, a fixed refund of 50%applies for all arrivals delayed for more than 24 hours)or as the result of being involved in an accident en route. You will be asked to complete the Company 's Booking Cancellation form which may require signing by a Medical Practitioner or employer and in which the Company may request further information from a third party. It is up to the insured person to obtain any supporting evidence for such a claim at their own expense. The following reasons for cancellation are Not Covered - Suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquor or drugs or any other reason which is not specifically covered. Where the reason for cancellation is not covered by one of the above reasons, e.g. dis-inclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc., a cancellation charge will be payable, based on the number of days before the arrival date at your properties that the Company receives notification of your cancellation, as shown in the following table. This means that if you have paid the balance of your total holiday cost and then have to, or wish to, cancel, you may receive a refund of part of such cost. However, if you have not paid your total holiday cost including, where purchased, the premiums for any insurances, by the time of your cancellation, you may be required to make a further payment. For the purpose of this table, cost means the total cost of the booking, including any extra items after deducting any insurance premiums and credit card charges and administration fee paid for making any change. Please note that no insurance premiums or any such administration fee are refundable.

 

Number of days before arrival date that notification of cancellation is received

Amount payable

More than 56 days

Full Deposit (including any Balance of Deposit due)

29-56 days

50% of cost or Full Deposit (including any Balance of Deposit due), whichever is the greater

15-28 days

75% of cost

1-14 days

90% of cost

On arrival date or later

Total cost

If any payment due in relation to your booking is not paid by the appropriate date, the Company on behalf of the Owner is entitled to treat your booking as cancelled by you. Cancellation charges as set out above (which can be as high as your total holiday cost) will then be payable. The Company normally sends out a reminder to you before your booking is cancelled, although the Company may charge you 10 for each reminder sent if your payment becomes or is by then overdue. If you live outside the UK and have booked your holiday through a local agent, the term "cost" in the above cancellation charges table means the amount paid by your local agent to the Company after deducting any insurance premiums and any administration charge paid to the Company for making any change. For the avoidance of doubt, "cost" does not include any charges made by your local agent or other third parties for booking fees, flights, other travel services or any other amounts not paid to the Company.
(iii) Curtailment of your holiday
Cancellation Protection provides for a refund of the cost of your holiday where it has to be cut short for any of the reasons in (ii) above. In this case, you will be reimbursed for the appropriate proportion of the holiday charge. The curtailment protection only applies if the property is vacated by all persons in your holiday party. Where your holiday is curtailed for medical reasons affecting any persons in your party, you will need to produce a certificate from a local doctor, confirming the necessity of returning home.

8. Your property

You can arrive at your property after 3pm 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. Some owners may require you to pay a security deposit on arrival. If this applies to your chosen property you will be advised of the amount at the time of booking. The security deposit will be refunded by the owner at the end of your holiday rental (less any costs for breakages, damage etc if applicable - see below). You and all members of your holiday rental 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 holiday rental 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 the Company on behalf of the Owner. 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 holiday rental party, and the Owner can require payment from you to cover any such costs. 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 holiday rental party. These circumstances will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and neither the Owner nor the Company will 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). In this situation, neither the Owner nor the Company is under any obligation to find any alternative accommodation for you. You must not allow more people than the web site states to occupy the property, neither can you significantly change the composition of the holiday rental 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, 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. No refund of any monies you have paid in respect of your booking will be made and neither the Owner nor the Company will 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). In this situation, neither the Owner nor the Company is under any obligation to find any alternative accommodation for you. If you take a pet with you, it is not allowed on beds or chairs, or in any communal facilities, such as swimming pools or shops. Pets should not be left unattended in the property, and dogs should be exercised on a lead. Registered guide and hearing dogs belonging to those with visual and hearing impairments are allowed in all properties featured in this web site even where the property description states that pets are not allowed. Customers with allergies should be aware that we cannot guarantee that a registered guide and/or hearing dog has not stayed in their chosen property nor can we accept any liability for any ill effects which may occur as a result of such animals having been present. 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).

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 the Owner and the Company are 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. If you cannot make contact with the Owner or his/her representative, or if you remain unhappy with their response, you should telephone the Company's Head Office at Spring Mill, Earby, Barnoldswick, Lancashire BB94 0AA as soon as possible. The Company's telephones are manned throughout the season during the opening hours shown on the Company's web site/brochure and in the booklet sent with your confirmation. If, after this, you feel that the problem has not been resolved to your satisfaction, then you must, within 30 days of returning from your holiday rental, put your complaint in writing to the Company. This will then be passed on to the Owner. Send your letter by recorded delivery to the Company's Head Office (address as above) marked for the attention of the Quality Standards Department. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. Please help the Owner and the Company to help you by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.

10. Communicating With You

For the purposes of the Data Protection Act 1998, Holiday Cottages Group ("HCG")(trading as "") are the sole data controller of all personal data provided to HCG by customers and prospective customers. In order to process your booking, HCG need to collect certain personal details from you. These details will include your name and address and, where applicable, the names and addresses of members of your holiday rental party, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect your choice of holiday property to rent and associated travel-related arrangements (if any) and any dietary restrictions which may disclose your religious beliefs. If HCG need any other personal details, HCG will tell you before HCG obtains them from you. You may also be asked to complete a post- holiday questionnaire which will include your personal details. HCG need to pass on your personal details to the companies and organisations who need to know them so that your holiday rental and any travel-related services can be provided (for example the property owner(s), and any key holder(s) of such property (if not the property owner(s)), any airline, hotel, other suppliers, your credit/debit card company or bank, the insurance company if you purchase HCG's recommended insurance policy(ies), etc.) or for verification of details relating to your holiday rental and any travel-related services booked. Such individuals, companies and organisations may be outside the European Union, Norway, Iceland and Liechtenstein. HCG also need to process and store your personal details for their own administration, market analyses and operational reviews. HCG would also like to store and use your personal details for future marketing purposes (for example, sending you brochures or details of promotions and offers which HCG feel may be of interest to you). All details you give to HCG at any time (including those relating to any disability or medical condition or your religious beliefs) 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. HCG may disclose customers' names, contact details and booking preferences to any other trading division of HCG, to HCG's parent company, Cendant Corporation ("Cendant"), or to any company within the Cendant group of companies, such as Cendant Europe, Cendant International Membership Services Limited, RCI Europe, Sentinel, etc. or any subsidiaries of such companies who offer goods or services which HCG feel may be of interest to you. Occasionally, HCG may sell or provide customers' names, contact details and any booking preferences to other individuals, companies and organisations authorised by HCG who offer goods or services which HCG feel may be of interest to you. HCG, any trading division of HCG, Cendant, any company within the Cendant group of companies or any subsidiaries of such companies, or any other companies and organisations authorised by HCG, may make contact with you or any members of your holiday rental party by post, e-mail, telephone, including automated dialling equipment, fax, and/or pre-recorded messages for the purposes set out in this clause. If you do not wish to receive any or all of the communications set out in this clause, then please let HCG know as soon as possible by telephone, letter, e-mail or fax. HCG are entitled to assume that you do not object to being communicated with unless: (a) you have previously "opted out" of such use of your personal data by ticking the relevant box on your booking form or other document or by ticking the relevant box on marketing or promotional literature sent to you; or (b) you have otherwise previously informed the Company in writing that you do not wish your personal data to be used in certain ways; or (c) unless and until you notify HCG to the contrary. Except where expressly permitted by the Data Protection Act 1998, HCG will only deal with the personal details you give to HCG as set out above unless you agree otherwise. HCG has appropriate security measures in place to protect this information. You are generally entitled to ask HCG (by letter, fax or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. HCG are entitled under the Data Protection Act 1998 to charge a fee in responding to such a request. HCG promise to respond to your request within 40 days of receiving this in writing and payment of the appropriate fee (if required by HCG). In certain limited circumstances HCG are entitled to refuse your request. HCG may also record or monitor telephone calls to and from HCG without notification for staff training purposes.

11. Law

The contract between you and the Owner is subject to English law, and is formed in Earby, Lancashire, England. It is agreed that any dispute you may have with the Owner or the Company will be dealt with by the Courts of England and Wales unless you live in Scotland or Northern Ireland in which case proceedings may be brought in the Courts of those countries.

12. Your rights

Your statutory rights are not affected by anything contained within these Conditions.

13. This web site

This web site was published by in September 2003 and is valid from 8th September 2003 to 31st December 2004 unless replaced earlier and supersedes all previous brochures/web sites produced by .

 

 

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