Booking Terms and Conditions
This website and http://www.holidayaccommodation4u.com and http://www.holidays4u.org are owned by Karen Durant Management trading as Holiday Cottages 4U, Holidays 4U and Holiday Accommodation 4U respectively (the 'Company'), who act as agent for the owners of the properties featured on these websites. Your use of these websites is expressly conditioned on your acceptance of the following terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
You can book the properties and take up the offers shown on this web site 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 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 issue a written confirmation to you, this signifies that the Company has entered into a contract with you, which is subject to these Conditions. The Company has the right to refuse any booking prior to the issue of your written confirmation, and if the Company does this, the Company 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 immediately.
2. Paying for your property
When you book your property you should pay the deposit of 40% of the total booking fee (if booked more than 14 weeks before the start of the holiday) or the total amount if booked 14 weeks or less before the start of the holiday. Payments can be accepted 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 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 paid no later than 14 weeks before your arrival date, unless the Company has specified otherwise. For properties booked less than 2 weeks before your arrival date your booking must be paid for in full by debit or credit card at the time of booking. All prices quoted in the web site or otherwise advised to you include all booking fees, charges, and, where applicable, Value Added Tax (at 20%). Should the VAT rates increase, or any additional taxes or levies be introduced which affect the price of your holiday, for example in the case of currency fluctuation, you may be required to pay the extra amount. Alternatively, should the rate of VAT or any government imposed tax or levy included in the quoted prices decrease so that a lower rate applies to your holiday, the price of your holiday will be reduced accordingly. If you pay by debit card there is no charge, but if you pay by credit card the Company will make a charge of up to 2%, subject to a minimum charge of £2, for each payment made this way to recover the credit card company's charges to the Company.
3. Circumstances beyond the control of the the Company (Force Majeure)
Except where otherwise expressly stated in these Conditions, the Company shall not be liable for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by 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 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 Company) and all similar situations.
4. Web site details
The Company aims to ensure that the information provided 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 the Company is 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. The Company can accept no responsibility for any changes or closures to area amenities or attractions mentioned in the web site of by the company's employees or on external advertisements. 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 Company shall have no liability for any death or personal injury unless this results from the negligence of the Company or its employees (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 Company in respect of damage to, or loss of, such personal property except 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).
6. If you cancel your booking
If you wish to cancel your booking once your confirmation has been issued, the party leader must phone the Company in the first instance. No cancellation insurance is offered by the Company and you are advised to take out your own cancellation insurance to cover yourself in the event that a cancellation becomes necessary. If after your cancellation, the Company is able to re-let the property/allocation unit, the booking fee already paid will be refunded, minus an administration fee of 20% of the total booking fee or minimum £60 whichever is the larger. In the event that the property is not re-let then any booking fee already paid will not be refunded. However, in the event that a relevant third party supplier such as an owner or hotelier impose a higher cancellation charge than the above, we reserve the right to pass these charges onto you.
If any payment due in relation to your booking is not paid by the appropriate date, the Company is entitled to treat your booking as cancelled by you. Cancellation charges as set out above will then be payable.
Please note that we advise clients to take out their own cancellation insurance to protect their own interests in the event that this is necessary.
7. Single Sex Parties
If your party is made up of all male or all female members, we reserve the right to hold your credit card details, in the event of any damage to the property or disturbance to the community caused by any member of your party, up to a maximum amount of £50 per person occupying the property, depending on the cost of repairing the damage. The amount will be debited from the card 2 weeks before the holiday and will be refunded after the holiday, providing there is no damage or disturbance reported to us by our representative.
8. Your property
Arrival times on start dates and departure times on the last day of your holiday varies from property to property. Where possible we have confirmed these details on the individual page for each property. 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 it was found on 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. You are responsible 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 we reserve the right to require payment from you to cover any such costs (by accepting a booking through the company, you are authorizing us to deduct payment for any such costs from your debit or credit card). The company is entitled at it's 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 Company 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 the Company will have no 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 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, unless express permission to do so has been given by the Company. 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 Company can refuse to hand over the property to you, or can repossess it. If the Company 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 the Company will not 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, the Company is under no 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 Company owner and any representative of the Company (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 Company owner and any representative of the Company (including workmen) are entitled to enter the property at any time without giving you prior notice).
9. Special Requests
We will put forward and do our best to grant any special requests. However, please note that we can never 100% guarantee them.
10. If we change or cancel your accommodation
It is unlikely that we will have to make any changes to your accommodation arrangements, but if circumstances beyond our control make it necessary for us to alter or cancel your accommodation we reserve the right to do so. In the event of minor alterations, we will do our best to notify you before you travel and if a significant change or cancellation has to be made, we will advise you as soon as possible. If you accommodation has to be changed we will do our best to provide alternative accommodation of a similar or high official classification. If a major change has to be made, such as changes to your resort area or offering accommodation of a lower official classification, you may a) accept the changed arrangements; b) choose another property (subject to availability). If the alternative is of a lower price than that originally booked, the difference (if already paid by you) will be refunded; or c) cancel your holiday. Cancellation rights may be exercised at any time up to your departure date but no later than 7 days after our posting written notice of the alteration to your party leader. This time limit must be strictly adhered to and late cancellation cannot be accepted.
11. Website accuracy
We make every effort to ensure that the information and photography contained on our website is accurate. However, there may be occasions when some of the advertised facilities or services may be altered or withdrawn without prior notice eg. a pool may be emptied for cleaning/repairs or a restaurant/bar closed. Such events are regrettably beyond our control and we do reserve the right to alter the particulars advertised. However, we will endeavour to keep you informed of any changes that we are aware of, at the time of booking. If we are advised of any changes after you have reserved your holiday, you will be contacted as soon as reasonably possible, if there is time before your departure.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint the the Company is anxious that remedial action is taken as soon as possible. It is essential that you contact the Company 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 Company is promptly notified. Discussion of any criticisms with the Company or his/her representative whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence. After this, you must, within 30 days of returning from your holiday rental, put your complaint in writing to the Company. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. Please help the Company to help you by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.
13. Communicating With You
For the purposes of the Data Protection Act 1998, Karen Durant Management trading as Holiday Cottages 4U and Holiday Accommodation 4U are the sole data controller of all personal data provided to the company by customers and prospective customers. In order to process your booking, the company needs to collect certain personal details from you. These details will include your name and address and credit/debit card or other payment details. The company needs to pass on your personal details to the companies and organisations who need to know them so that your holiday rental can be provided (for example the property manager(s), and any key holder(s) of such property and your credit/debit card company or bank. Such individuals, companies and organisations may be outside the European Union, Norway, Iceland and Liechtenstein. The company also needs to process and store your personal details for their own administration and market analyses. The company 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 the Company feel may be of interest to you). All details you give to the Company at any time 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. The company may disclose customers' names, contact details and booking preferences to our sister company Coastal Cottages (http://www.rosaliacottage.co.uk). If you do not wish to receive any or all of the communications set out in this clause, then please let the Company know as soon as possible by telephone, letter, e-mail or fax. The company is 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; 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 the Company to the contrary. Except where expressly permitted by the Data Protection Act 1998, the Company will only deal with the personal details you give to the Company as set out above unless you agree otherwise. The Company has appropriate security measures in place to protect this information. You are generally entitled to ask the Company (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. The Company is entitled under the Data Protection Act 1998 to charge a fee in responding to such a request. The company promises to respond to your request within 40 days of receiving this in writing and payment of the appropriate fee (if required by the Company). In certain limited circumstances the Company is entitled to refuse your request.
If a private airport transfer is arranged by us, please note that we act as agent to local transfer companies and do not act as a principal. Your contract for transfers would be with the local transfer company.
The contract between you and the Company is subject to English law. It is agreed that any dispute you may have with 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.
16. Your rights
Your statutory rights are not affected by anything contained within these Conditions.