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.
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.
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.
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
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.
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).
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.
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.
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 .