Booking terms & conditions

Bookings are made and accepted only on the following conditions:

coastcottagedevon.co.uk (“the Website”) is a website owned and operated by Nicholas Samuel.

1. Contract and Booking

1.1.  Nicholas Samuel, trading as Samuel Estates, hereinafter called "the Owner". In all circumstances, the Contract of Letting is between the Licensee ("the Licensee") and the Owner.

1.2.  This agreement is made on the basis that the property ("the Property") is to be occupied by the holidaymakers for a holiday as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and the Holidaymakers acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.

1.3.  You, the Licensee, confirm that you have read and agree to the Licence to Occupy which is set out here and by proceeding with this or any other booking you are entering into a Licence to Occupy in the same form for the period of occupation that you book in advance, only.

1.4.  Bookings cannot be accepted from persons under 18 years of age.

1.5.  No bookings are valid until confirmed by the Owner or his appointed Agents in writing.

2. Deposit

2.1.  A deposit of £100 of the cost of the holiday ("Deposit") must accompany the booking request, (as detailed at the time of booking. The Deposit is non-refundable unless the Owner is unable to accept the booking, and as specified below.

3. Insurance

3.1.  The Owner recommends that Holiday Insurance is taken out (whether arranged by the Owner or otherwise) when making a booking even when payment is made in full.

4. Balance Payment

4.1.  Once a booking is confirmed by the Owner, the Licensee is responsible for the full balance of the cost of the holiday. This shall be paid not later than 8 weeks before the booking is due to commence.

4.2.  The Owner reserves the right to re-let any holiday where any monies due are more than 7 days in arrears whereupon any monies paid by the Licensee over and above any non-refundable Deposit will be refunded. However, if the Owner is unable to re-let the holiday the Licensee will remain liable for the outstanding balance of the cost of the holiday, and (if applicable) Deposit.

5. Owner's responsibilities

5.1. The Licensee is solely responsible for providing the accommodation and for the safety of all Guests and/or his/her invitees (jointly known as "the Holidaymakers"). The Licensee accepts no responsibility for personal injury to, or death of, any Holidaymakers, or loss of or consequential loss or damage to their property, or for other matters over which the Licensee has no control, except to the extent such personal injury or death is caused by the negligence or wilful default of the Licensee.

6. Holidaymakers' responsibilities and forfeiture

6.1. The Holidaymakers shall keep the Property and all furniture, fixtures, fittings and effects in, on or at the Property in the same state of repair as at the commencement of the holiday, and shall leave the Property in the same state of cleanliness and general order in which it was found.

6.2. The Holidaymaker must report and pay to the Licensee the cost of any damage or breakages made during their holiday occupancy. The Licensee reserves the right to make a reasonable charge where guests have contravened a request for the Property to be smoke-free.

6.3. The Holidaymakers' right to occupy the Property may be forfeited without compensation if:

6.3.1. More people (or prohibited pets) than declared to the Agency at the time of booking or before the commencement of the holiday and/or the number the Property holds, attempt to take up occupation;

6.3.2. Overnight guests are entertained without the Licensee’s express permission;

6.3.3. Any activity is undertaken which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance; or

6.3.4. Any of the Holidaymakers smoke in or at the Property.

7. Unavailability of Property

7.1.  In the event of the Property becoming unavailable (such as due to fire or flooding), the Owner will endeavour to provide the Licensee with suitable alternative accommodation or will refund all monies paid, or a proportion in the case of curtailment. The Owner cannot, however, pay any compensation or expenses as a consequence of such an event.

8. Cancellations

8.1.  In the event of cancellation, Licensees may be due a partial refund which is dependent on when notice of cancellation is given to us before the holiday start date. The refund is calculated as follows:

8.1.1.    Less than 21 days notice – No refund due

8.1.2.    22-35 days notice – 10% of the total accommodation cost

8.1.3.    36-49 days notice – 20% of the total accommodation cost

8.1.4.    50-63 days notice – 40% of the total accommodation cost

8.1.5.    More than 63 days notice – the Licensee's liability for the remainder of the balance will be waived or the balance refunded if this has been paid previously.

8.1.6.    If a refund is due it will be paid within 10 working days of cancellation.

8.2.  Where a Booking has been taken with a deposit which is less than our standard Deposit of £100 of the total accommodation, the Licensee will, upon cancellation, be liable to pay the difference between the reduced deposit and our standard Deposit.

8.3.  For all cancellations, any extras will be retained. Alterations to Bookings

8.4.  A Licensee requiring a booking to be altered once the booking has been confirmed will be charged £20.00

9. Discounted Deposit

9.1.  At certain times of the year Licensees will be eligible to secure their next holiday for a deposit which is less than as set out in clause 2.1. The Owner will give you details of any applicable terms before, or when, you make your booking..

10. Pets

10.1.  Pets are prohibited except official Guide Dogs by prior written agreement.

11.     Owner's access to Property

11.1. The Owner or their representative, including the Agency, shall be allowed access to the Property at any reasonable time during any holiday occupancy.

12. Complaints procedure

12.1.  In the event of there being cause for complaint concerning a Property, the matter shall be taken up with the Owner (or Owner caretakers) at once (their details are supplied on the booking confirmation and they understand that they are the first point of contact should there be cause for complaint), only thereafter reported to the Owner if required. It is important that this is done whilst you are still at the Property so that an on-the-spot investigation can be made if necessary and remedial action taken if required.

12.2.  In no circumstances will compensation be considered for complaints raised after the holiday has ended, when the Holidaymakers have denied the Owner /caretaker the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday. Please use the mobile numbers provide to contact the Caretakers of Owner. During out-of-office hours, an answer phone facility will be available.

13. Literature

13.1. We have compiled the information in our marketing and information material and on our Website as accurately as possible at the time of going to press. However, facilities may be altered or withdrawn for reasons outside the Licensee control, in which case we cannot accept responsibility.

13.2. We make every effort to ensure that the Property details are accurately reproduced. Mistakes may occur from time to time, and confirmation should be requested prior to booking. The Holidaymakers accept that minor differences between text/photographs/illustrations in the marketing material, brochure and on the Website and the actual Property may arise. The Licensee cannot accept responsibility should the Property not conform to the Holidaymaker's standards. If a facility is particularly important to you, please check with us prior to your booking.

14. Communication with you and data

14.1.  The Owner may as part of a booking introduce Holidaymakers to the goods and/or services of third parties. The Agency shall not be treated as an agent for any such third parties, and any contract for the supply of such goods and/or services shall be between the provider and the Holidaymaker.

14.2.  Please see our Privacy Statement which explains how we will process your personal data.

14.3.  All electronic data transferred pursuant to these terms and conditions remains the property of the Owner or their agents and may not be replicated in part or whole without the Agency's prior written permission. Electronic data will not be preserved indefinitely by the Agency.

 

15. Legal

15.1.  Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.

1.2.  You agree to indemnify and hold harmless the Owner in respect of all costs and expenses arising from any breach of these Terms and Conditions or the Licence to Occupy or in respect of any booking or occupancy of the Property.

The Booking Conditions will apply to all confirmed bookings, and these Website Booking Conditions supersede all previous editions.