Terms and Conditions
Laura Capper ("the Owners") arrange bookings for the rental of 3 Branton Westside, Powburn ("the Property") to another person ("the Holiday-maker").
2. Formation of Contract
A binding contract between the Holiday-maker and the Owners shall be entered into on confirmation by the Owners of receipt of deposit or rental amount in full. On payment of the deposit, the conditions outlined in this document are deemed to have been accepted by the Holiday-maker.
Bookings and reservations shall be contractual when the Owners receive a deposit of 25% of the rent. The Owners will issue confirmation of the booking in writing or by e-mail.
The balance shall be payable 2 weeks before commencement of the holiday. If the Holiday-maker books the holiday less than 2 weeks before the holiday commencement date, the full rental cost must be paid in order to confirm the booking. Provisional bookings are only confirmed by payment of a deposit or the full rental amount.
Holiday dates can be changed if the accommodation is available at the requested time and the Owners agree to the change. In this event a handling charge of 20 pounds will be payable.
The Owners strongly advise the Holiday-maker to take out suitable insurance to avoid loss in the event of cancellation.
All payments shall be made payable to "Laura Capper" and sent to the Owners.
4. Unexpected Unavailability of the Property
If, for reasons beyond the Owners' control, the property is uninhabitable or otherwise unavailable, the Holiday-maker will be notified as soon as possible and a full refund of the rental amount will be made. The Owners shall be under no further obligation or liability in this respect. The Owners strongly advise the Holiday-maker to take out suitable holiday cancellation insurance cover to avoid loss in the event of cancellation of the holiday.
Any cancellation made by the Holiday-maker (for whatever reason) shall be in writing or by e-mail to the Owners at the address stated on the web page at http://www.northumberland-cottage.com/contact.htm.
If the cancellation is for reasons not covered by cancellation/curtailment insurance the Owners shall endeavour to re-let the holiday accommodation for the entire period of the original booking.
If the Owners shall be successful in re-letting the property for the entire period originally booked it shall refund all monies paid less a handling charge of 20 pounds.
If the Owners shall only succeed in re-letting the property for a proportion of the period originally booked, they shall refund that proportion of the monies paid that the period re-let bears to the original booking less a handling charge of 20 pounds.
If the Owners shall be unable to re-let the holiday accommodation at all then all monies paid by the Holiday-maker (whether by deposit or otherwise) shall be forfeit to the Owners and the Owners shall be entitled to recover the balance of any monies owed.
6. Limitation of Liabilities
The Holiday-maker shall be entitled to the protection afforded him by the unfair Contracts Terms Act of 1977 and accordingly nothing in these conditions shall exclude or restrict any liability which under subsections 2(1), 6(1), or 7(2) of that Act cannot in the relevant circumstances be excluded or restricted.
Subject to subsection 2(1) of the said act where loss or damage arises from negligence, misrepresentation or otherwise neither the Owners nor their employees or agents shall be under any liability to the Holiday-maker or to any third parties for any loss or damage howsoever arising.
The Owners are wholly responsible for the factual accuracy of the published details of the property. However, they cannot guarantee that all items published in the inventory will be available, although every effort will be made by the owners to provide all items, and to inform Holiday-Makers of those items not available. For speacial terms relating to bicycles see paragraph 13 below.
The Owners shall have no liability for any personal injury or death, unless it has resulted from the negligence of the Owners or that of any employee of the Owners (providing that they were at the time acting in the course of their employment).
The Holiday-maker must take all necessary steps to safeguard his/her property. No liability is accepted by the Owners in respect of damage to, or loss of, such personal property except, where the damage or loss is caused by the negligence of the Owners or that of any employee of the Owners (providing they were at the time acting in the course of their employment).
The Owners do not warrant and are not responsible for the accuracy of any verbal information given as statements made by its employees or agents.
8. Use of the Property
The Holiday-maker's use of the property is subject to these Terms and Conditions.
9. Alterations to Specification of Property
The information contained in the web site and any publications is believed to be accurate at the time of publication. However the Owners reserve the right to make alterations thereto and the Owners shall endeavour to inform the Holiday-maker of such alterations.
10. Number of Persons Using the Holiday Accommodation
The number of persons using the holiday accommodation shall not exceed the maximum number publicised by the Owners on the web site The Owners are entitled, for Health and Safety reasons to ask the Holiday-maker to leave, without refund, if this condition is broken.
The Owners reserve the right to refuse bookings from parties which in his/her opinion, might be unsuitable for the holiday accommodation concerned.
Holiday-makers must not assign or part with the possession of the holiday accommodation or any part of it, or anything contained within it or use it other than as a single dwelling for holiday occupation by the people whose names appear on and for the dates detailed on the booking form.
One pet dog over the age of 12 months is permitted only by prior arrangement with the Owners. The dog must not be left unattended for more than two hours inside the holiday accommodation or be allowed on the furniture or in bedrooms. In consideration of subsequent holiday-makers, removal of dog fouling from garden areas is essential. If these conditions are broken the Owners can ask you to leave with no refund. Please remember to keep dogs on leads near livestock and when crossing the neighbour's rear garden for access reasons. The Owners are not liable for accidents/injuries or death of pets during the period of the booking. We regret that cats are not permitted.
The owners have provided a selection of bicycles, at no additional hire charge, for use by Holiday-Makers, and will endeavour to have all cycles in working order at the start of any hire period. However if substantial repairs arising out of a previous booking make this impossible, the owners are unable to provide replacement bicycles. Similarly, if a bicycle requires repair during the hire peroid, the Holiday-Makers can attempt repair themselves using tools provided, or can seek help from the local bicycle shop. The owners should not be contacted regarding repairs during the hire period, except to inform the Owners of any damage to bicycles and this they are obliged to do, by leaving a note in the property or telephoning them. Bicycles should be locked up using locks provided, if left unattended.
The Holiday Makers are responsible for checking the road-worthiness and safety of all cycles prior to use and the Owners cannot be held responsible for any accident or injury arising out of the use of the bicycles provided, unless such injury was caused by the Owners' negligence.
The Owner or his/her representatives shall be allowed access to the holiday accommodation at any reasonable time during the holiday occupancy.
The Holiday-maker shall keep the holiday accommodation and all furniture, fixtures, fittings and effects in or on the holiday accommodation in the same state of repair as at the commencement of the holiday, and shall leave the holiday accommodation in the same state of cleanliness and general order as it was found. If the Holiday-maker has concerns these should be raised with the Owner at the start of the holiday.
The Holiday-maker is legally bound to reimburse the Owners for replacement, repair or extra cleaning costs on demand.
If you are not completely satisfied with your holiday accommodation, please make your complaint known to the Owners or Caretaker immediately. This will result in a much speedier correction of any shortcomings.
8 October, 2007
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