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Terms & Conditions
Booking Terms and Conditions for Fox Cottage, Broadwell, Gloucestershire (“the Property”)
These conditions apply to all bookings made for the Property and shall be deemed incorporated into all contracts made for the rental of the Property. In these conditions “I”, “Me”, “My” refers to me as the owner of the Property, Kim Piercey, and “You”, “Your” means the person who is making the booking.
1. BOOKING AND CONTRACT
1.1 You may make a booking in one of the following ways:
- By telephone on 07594 622311
- By email at enquiries@fox-cottage.co.uk
Your submission of an application for a booking in one of those ways, together with payment of the monies due with the booking, is an offer to enter into a contract for the rental of the Property for the dates you enter on the application (“Holiday Period”).
1.2 When I receive your booking application and cleared funds for the sums due, I may accept the booking by issuing written confirmation to You. I may do so by email or post. At the time I issue written confirmation to you, a legally binding contract for the rental of the Property for the Holiday Period comes into effect between us, incorporating these booking conditions.
1.3 You must check the written confirmation as soon as you receive it and inform me immediately should it contain any errors.
2. DEPOSIT AND PAYMENT
2.1 A payment must be paid with your booking application. If, when making your booking, the start date of your proposed Holiday Period is more than 8 weeks away, the payment You must make is a deposit of 30% of the total charge for the Holiday Period (“Rental Charge”). If your booking is made within 8 weeks of the start of the Holiday Period, you must pay the Rental Charge with your booking application.
2.2 The Rental Charge means the total charge for the Holiday Period as set out in the website.
2.3 I reserve the right to refuse bookings for any reason in my discretion (for example from groups made up entirely of people under 21 years of age), and If I am unable to accept your booking application, I will return all the money received from You in full. I reserve the right to cancel Your booking if payment of the Rental charge is not paid on time in accordance with these conditions, and in that case I may retain the deposit.
2.4 I accept payment by cheque made payable K J Piercey or by PayPal. However, I cannot accept payment by cheque if the Holiday Period to which it relates commences in less than a month.
3. CANCELLATION
3.1 Cancellations will only be accepted if in writing and posted to me at the following address: King’s View, Ferndale Barns, Lower Swell, Gloucestershire GL54 1LP and I will apply a cancellation charge, the amount of which depends upon the amount of notice you have given me, as follows:
| Number of days’ notice | Cancellation Charge |
|---|---|
| 1-14 | 100% |
| 15-28 | 75% |
| 29-56 | 50% |
| 57 days or more | Full deposit |
Where the “number of days notice” is the number of days between my receipt of Your notice of cancellation, and the start date of the Holiday Period, and the “cancellation charge” is a percentage of the Rental Charge.
3.2 It is up to You to ensure that you have taken out adequate insurance to cover the possibility of having to cancel.
3.3 If I have to cancel the booking due to the Property being unusable for any reason, I will reimburse You all sums you have paid me in respect of the booking.
4. ARRIVAL AND DEPARTURE
4.1 The Property will be available to You from 4 pm on the first day of the Holiday Period until 10 am on the last day of the Holiday Period, unless alternative arrangements have been made prior to arrival.
4.2 When You pay the full balance of the Rental Charge, I will send You directions to the Property, and access and arrival instructions.
4.3 You will leave the Property promptly on the day of departure, in a clean and tidy condition with everything left in the position in which You found it, and all crockery and utensils washed and put away.
4.4 It may be possible for You to extend Your stay by agreement with Me, for a period and such daily Rental Charge as I permit, and in that case this contract shall continue to apply to the extended period.
5. CONDITIONS OF USE
5.1 The maximum number of people permitted to stay in the Property is 4 and You undertake not to exceed the maximum permitted occupancy.
5.2 You will use the Property for personal, domestic purposes only.
5.3 You will not, and will ensure that the other members of Your party will not, undertake or permit any activity in the Property which may cause a nuisance or disturbance to anyone in the vicinity of the Property.
5.4 You and the other members of Your party will comply with any reasonable rules of occupation which I bring to Your attention upon Your arrival at the Property.
6. DAMAGE AND BREAKAGES
6.1 You shall, and shall ensure that the other members of Your party (including any pets which I have agreed may stay in the Property) shall, treat the Property and its contents with respect and due care, and leave it in the same condition and repair as You find it.
6.2 If You or any other member of Your party, causes any damage to the Property or any of its fittings, fixtures or contents, please telephone me immediately to report the incident. This will ensure that I am able to carry out such repairs or replacements as are possible during the Holiday Period to ensure Your continued enjoyment. I shall be entitled to charge You for any repairs or replacements rendered necessary by You or any member of your party, and you will pay me such reasonable charges within 14 days of receiving my invoice.
6.3 I may charge You for the reasonable costs of any cleaning over and above what is reasonably to be expected, and you will pay me any such reasonable costs within 14 days of receiving my invoice.
7. PETS
7.1 Only registered guide and hearing dogs belonging to those with visual and hearing impairments are allowed at the Property.
8. RIGHT TO REFUSE BOOKINGS AND TO TERMINATE CONTRACT
8.1 I reserve the right to refuse Bookings for any reason.
8.2 I reserve the right to terminate a contract without prejudice to any rights and remedies accrued by either of us which shall remain following termination, and ask You and the other members of Your party to leave the Property immediately as a result of your behaviour or that of any other member of Your party, or if You are in any other material breach of these conditions.
8.3 In the event that your Contract is terminated in accordance with condition 8.2, I reserve the right not to refund to You any part of the Rental Charge in respect of the shortened Holiday Period.
9. COMPLAINTS
9.1 If You have cause for complaint during Your stay in the Property, please let me know immediately on 07709 343598 and I will endeavour to put the matter right.
9.2 Any complaints You wish to make after your Holiday Period has ended should be made to me in writing within four weeks of the end of Your Holiday Period.
10. LIABILITY
10.1 Nothing in these conditions shall limit or exclude my liability for death or personal injury resulting from my negligence or for fraudulent misrepresentation or for any liability which cannot be excluded by law.
10.2 Subject to condition 10.1 all warranties, conditions and other terms implied by statute or common law are, to the extent permitted by law, excluded from this contract.
10.3 Subject to condition 10.1 I shall not be liable for any actual or alleged indirect or consequential loss howsoever arising suffered by You, or any other sort of economic loss whether direct or indirect.
10.4 Subject as stated in condition 10.1, my aggregate liability to You for breach of contract, misrepresentation, in tort or otherwise arising under or in connection with the contract shall be limited to damages not exceeding twice the total amount of the Rental Fee received from You.
11. RIGHT OF ENTRY
I reserve the right to enter to the Property at all reasonable times, except in an emergency where immediate access may be required, for the purposes of inspection or to carry out any necessary repairs or maintenance.
12. FORCE MAJEURE
I shall not be liable for any delay or non-performance of My obligations under the Contract to the extent that the performance is interrupted or prevented by any act or omission beyond My reasonable control. Should such an event occur, I shall as soon as reasonably practicable upon it becoming aware of the same notify You.
13. DATA PROTECTION
13.1 For the purposes of the Data Protection Act 1998, I am a Data Controller of all personal data provided by You.
13.2 I will comply with the Data Protection Act 1998 in the processing of such personal data.
13.3 You agree that I may process your personal data for the purposes of administering Your booking and Your stay at the Property and to bring You information about the Property, any other holiday properties of which I am the owner, promotions and special offers. I will not pass your personal data on to any third parties and organisations save as may be required by law.
14. MISCELLANEOUS
14.1 If any provision of this contract (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the contract, and the validity and enforceability of the other provisions of the contract shall not be affected.
14.2 You shall not, without My prior written consent, assign or transfer, or deal in any other manner with all or any of your rights or obligations under this contract.
14.3 A person who is not a party to this Contract shall not have any rights under or in connection with it.
14.4 The Contract shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
12 May 2010