The Parties to this Contract are:
a) “the Customer” the person who makes the booking, being eighteen years of age or over and who shall assume responsibility for all party members and visitors (also referred to as “you” in this Contract); and
b) “the Owner” Cosawes Barton (also referred to as “us” or “we” in this Contract).
Please read these terms and conditions (“Conditions”) carefully before booking your accommodation. When you make a booking and pay the deposit, a legally binding Contract is made and you will receive a booking confirmation. Please do ensure that you take out adequate travel and cancellation insurance.
Any booking made or order placed by you, whether through our website or otherwise, shall constitute your acceptance of the offer to hire the relevant accommodation subject to these Conditions. All bookings and all matters arising from them are subject to English law and to the exclusive jurisdiction of the courts of England and Wales.
The person who makes the booking accepts these conditions on behalf of all members of the party and is responsible for all payment due from the party. Any property is hired by you on the basis that the property is to be occupied for a holiday as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and the Customer acknowledges that these Conditions shall not confer on the Customer any security of tenure within the terms of that Act. By submitting a booking you warrant and confirm to us that you have read these Conditions and agree to comply with them.
1. Liability The Owner accepts no liability for any accident, damage, loss, injury, expense or inconvenience which may be suffered, incurred, arrived out of or in any way connected with the rental. The provision of wireless broadband internet access is a complimentary facility and the Owner accepts no responsibility for loss of coverage or quality where technical problems are experienced. If the property that the Customer has booked becomes unavailable or unusable for any reason prior to the start of the date of the holiday or during the stay, then the Owners obligation will be to use reasonable endevours to find suitable alternative property, or failing which to reimburse the Customer for any monies paid or in the case of disruption during a stay, pro rata.
2. Deposit & Payment A deposit payment is required at the time of booking, once a booking request has been confirmed. If the booking is made within 8 weeks of the date of arrival then full payment is required immediately. Where an initial deposit is paid, the balance must be paid within 8 weeks of the commencement date of the booking, whether demanded by us or not. If this is not paid within 7 days of it being due, then we reserve the right to cancel the booking without any refund. Provisional bookings may be taken upon application and will only be held for up to 48 hours pending receipt of a cleared deposit or full payment as may be required. Bookings will not be guaranteed until we have received your full payment, as may be required.
3. Cancellation by the Customer You or any member of your party may cancel your booking at any time; however no refund will be made for any monies paid unless we can re-book the period of the cancelled holiday at the same price. If we can re-book the period of the cancelled holiday, but at a lower price, we will refund this proportion to you. In certain cases any loss, if incurred involuntarily, may be covered by insurance that you may have taken out. Travel Insurance is strongly recommended.
4. Cancellation by the Owner If deemed necessary we reserve the right to withdraw or cancel the property booking. In this unlikely event you will be offered a full refund of all monies paid.
5. Behaviour It is your responsibility to ensure that you and the members of your party do not behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances we have the right to terminate arrangements made on your behalf, in which case our responsibility to you ceases immediately and there can be no refunds, no payment of compensation and no reimbursement of any cost or expenses you may incur as a result. Further, you will be liable to reimburse us for expenses whatsoever we incur as a result of your behaviour.
6. Breakages & Cleanliness Property is made available for letting on the understanding that the property will be left clean and tidy, in the same state of cleanliness and general order in which it was found, at the time of checkout and all personal waste must be removed from the property. It is generally our policy to take security deposits. Whether a security deposit is taken or not, the customer will be held responsible for any damage or breakages to the property, caused by the customer and in the event of such occurrence, the incident must be reported to us immediately and appropriate compensation made (and any items shall be replaced at equal value). Any losses or monies owed to us will be taken from a security deposit. If no security deposit is taken (or the security deposit amount is insufficient), we shall be entitled to make an additional charge to the Customer. An additional charge may also be made if extra cleaning is made necessary as a result of the property being left in a dirty condition upon the Customer’s departure. Customers are not permitted to move any furniture or equipment without prior written consent from us. In the event of such permission being granted, it is the customer’s responsibility to return the same to its original position before checkout. Where a security deposit is held this will be released once the Owner has made a full inspection of the property. Where any damage or breakage has occurred and been left unreported, this will be informed to the customer and the security deposit or part of the security deposit will be used as payment or part payment of any appropriate compensation made.
7. Third Parties We do not accept any responsibility or liability for acts or omissions of third parties, which may prevent or disrupt a Customer’s booking. Whilst we assure you of our best endeavours to minimise any inconvenience we regret that we cannot accept any liability in this case.
8. Property Check-in / Check-out times Access to properties will be after 4pm on your day of arrival to allow time for cleaning and servicing, and the property must be vacated by 10am on the day of departure (unless otherwise agreed by us).
9. Complaints In the unlikely event of a problem with your property occurring, you must inform us without delay so that the matter can be put right.
10. Pets Pets are only permitted with our prior consent and where pets are permitted, they are to be kept under control. Pets must not be left in the property unsupervised as this can result in considerable damage to the property and distress to the pet. A weekly charge will be for each pet. We cannot guarantee that there have been no pets previously kept at any property. If the stated number/size of pets is exceeded, we are entitled to refuse entry and this will be treated as a cancellation by the Customer. The Customer will be responsible for all damage caused by the pet.
11. Amenities The use of amenities (in particular the climbing frame) is entirely at the Customer’s risk and we shall not accept responsibility for loss or damage to the Customer or their belongings. Availability of amenities cannot be guaranteed.
12. VAT Where VAT is payable the tax is included in the weekly rent.
13. Use of Property The Customer must not assign, underlet or part with or share possession of the hired property or any part of it. The Customer shall use the hired property for the purpose of a private holiday residence for the maximum of agreed persons only and not for any other purpose whatsoever and the Customer must not use the property or any part of it for any improper, immoral or illegal purposes. The Customer shall ensure that the property is securely locked when not occupied during the period of the holiday let.
14. Rights of Access The Customer must allow access to the property at reasonable hours during the day, to inspect the condition of the property and to carry out repairs or other works that may be necessary.
15. Indemnity The Customer shall indemnify us against any claim which may arise as a result of their holiday letting, the Customer’s use of the property and the Customer’s breach of any of these Conditions.
16. Smoking No smoking is allowed in any internal parts of the property.
17. Force Majeure We shall not be liable or accountable for any unforeseen circumstances such as severe weather conditions, local or national strikes, fire, floods, acts of government or of any other authorities.
19. Data Protection In the course of business we will collect and use information or data about you. We will ensure that this information or data is properly collected, recorded and used in accordance with the Data Protection Act 1998.