BOOKING CONDITIONS
WE ARE LISTED ON AIRBNB, IF YOU PREFER YOU MAY BOOK THROUGH THEM
Booking Conditions
In these Booking Conditions, 'you' and 'your' means all people named on our booking system (including anyone who is added or replaced at a later date). 'We', 'us' and 'our' means Mr & Mrs G Humphreys, Hamel House , Boothorpe Derbyshire DE11 8BL.
Before booking through us, please read these Booking Conditions carefully and all the other information relevant to your booking, including:
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The property rental conditions (which means all information in any specific conditions or restrictions set out in the brochure or website description of your chosen property or properties);
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The ‘Important Information’ section of the brochure, the website or other publication we tell you about; and
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any other written information we brought to your attention prior to confirming your booking.
We arrange bookings as the owners of the properties (‘owner’). When you book a property, you are actually entering into a contract with the owner. g your booking, we accept no legal responsibility for any contract you enter into for the property or for the acts or neglect of a For all bookings, your contract will be with the owner of the property. When making your booking we will arrange for you to enter into a contract with the applicable owner. Your booking with us is subject to these booking conditions and the specific terms and conditions of the owner you contract with.
Accordingly you agree that your booking is for the sole purpose of holiday accommodation and accept that you are not offered any rights to the property other than the right to occupy the property as holiday accommodation for the period of your booking. No booking of any kind is an ‘Assured Shorthold Tenancy’ or protected under the Protection from Eviction Act 1977 or any similar legislation that applies in Scotland and Northern Ireland.
1. Making your booking
All bookings depend on the property being available. You as the person in charge of the party (“the party leader”) must be at least 18 years old at the time of booking. All other members of the party must authorise you to make the booking on the basis of these booking conditions. By making the booking, you confirm that you are authorised to make the booking and that all other members of the party agree that the booking will be governed by these booking conditions. You, as the party leader, are responsible for making all payments due to us.
As long as the property is available and we have received all the relevant payments from you, we will give you written confirmation (see below) as soon as reasonably possible. This confirmation will show your booking details, the amount you have paid and the amount you still owe for the booking. Your binding contract with the owner will begin when we issue you with the written confirmation on behalf of the owner. For bookings made within 14 days of the departure date, you will have a binding contract with the owner when we give written confirmation of your booking to you and you have made the appropriate payments to us . If we pay the deposit into our bank account, it will not mean we accept a booking unless we have issued you with written confirmation.
We will give you written confirmation either by post or by email. If you book with us online, we will acknowledge that we have received your booking and then send you confirmation by email . If you book by post or phone, we will send your confirmation to you by post unless you tell us at the time of booking that you would prefr it to be provided by email. It is your responsibility to check your emails regularly and to let us know about any change to your email address.
We, have the right to refuse any booking before we send you your written confirmation. If we do this, we will tell you in writing and promptly refund any money that you have paid to us. In this case, we will have any legal responsibility to you.
As soon as you receive your confirmation, you must check the details carefully. If anything is not correct, you should tell us immediately.We have no responsibility for any errors in any documentation except where an error is made by us.
Where we offer the option of a provisional telephone booking, the property will be released for general sale after the agreed time period unless you fully confirm the booking.
Even if we have sent a written confirmation, the owner , have the right to cancel a booking where there are reasonable grounds to believe that (i) it is not legitimate (ii) you are likely to breach any of our booking conditions (iii) information supplied by you in relation to your booking is incorrect (iv) you have behaved in a vexatious, abusive or unlawful manner to owners, suppliers or to our staff. If we cancel your booking, we will tell you in writing and neither we nor the service provider will have any legal responsibility to you.
2. Payment
When you book, you must pay the deposit amount then due plus any applicable booking fee by debit or credit card. We only accept payment in pounds sterling. We must then receive the rest of the money owed no less than 2 weeks before the start of your stay . For any arrangements booked less than two weeks before the start of your stay, you must pay for the booking in full by bank transfer, at the time of booking.
If you do not pay any payment due in relation to your booking by the appropriate date we, on behalf of the owner, are entitled to assume that you want to cancel your booking. In this case, your booking will be cancelled immediately and the provisions of section 7b will apply. You may also need to pay additional charges.
If your bank refuses to make your payment for any reason, we are entitled to make an administration charge of £31.
3. Pricing
We keep the prices under constant review and the prices of unsold dates may be increased or reduced at any time. We may also correct mistakes in the pricing of unsold dates at any time. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check the price and all other details of your chosen property at the time of booking.
All prices quoted or otherwise given to you include all charges and any taxes or government charges which may apply to your booking at the time it is made.
All prices are for the property as a whole and are not on a per person basis, except when an extra person charge applies
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5. Brochure or website details
We aim to make sure that the information provided is presented accurately on our website, in brochures and other promotional literature or material we produce and provide. It is intended to present a general idea of the property. Not all details of the relevant facilities can be included on our website. Furthermore, there may be small differences between the actual property and its description. This is usually because we are always aiming to improve services and facilities. Occasionally, problems mean that some facilities or services are not available or may be restricted. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation. We cannot accept responsibility for any changes or closures to local services or attractions mentioned in the brochure or on our website, by our advisers or advertised elsewhere. We make reasonable efforts to make sure that information we give you about your property and its facilities or services, as well as advertised travel and other services, is accurate and complete on the date given. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and services, unless this was caused by our negligence.
Wi-Fi is an advertised facility, please note that its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for pleasure not for business purposes. Bookings are not accepted if they are wholly reliant on the uninterrupted, unlimited provision of Wi-Fi.
7. If you change or cancel your booking
a. Changes
If you want to change any detail of your confirmed booking, you must notify us at least 2 weeks before the start date of your booking. We are unable to consider change requests that are received less than 2 weeks before your booking starts. We must receive your request in writing by post or email. We may agree to accept verbal notification of your request over the telephone, but this should be arranged with us first. Whilst we will try to assist you with your request, we cannot guarantee that we will be able to meet your request.
b. Full cancellations
If you have to, or want to, cancel your booking, you must phone us on the number shown on your booking confirmation as soon as possible. The day we receive your notice by phone to cancel is the date on which we will cancel your booking with the owner. Depending on your reason for cancellation, you may receive a refund of all money you have paid to us for your booking insurance you have arranged with us and any amendment charges you have .
The conditions for getting a refund referred to above only apply if the cancellation applies to all members of your party. All prices are for the whole property and not on a per person basis.
Under your contract with us, to qualify for a refund you must have one of the following reasons and you may be asked to send evidence:
o Illness or pregnancy (we will need to see medical evidence that you or a member of the party is unfit to travel). We will not cover pregnancy if the relevant person was pregnant before the booking was made. And we will not make a refund if the woman is due to give birth within 14 weeks of the arrival date home
o Death.
o Redundancy (as long as the employment has been a continuous with the same employer for at
least two years).
o Jury or witness service (in a court of law).
o Illness or death of a close relative (a close relative is defined as a husband, wife, civil partner, son
or daughter, son or daughter-in-law, parent, mother-in-law or father-in-law, grandparent, sister or
brother or fiancé or fiancée).
o Your home is damaged and cannot be lived in because of fire, storm, flood, subsidence or
malicious damage.
o The police have asked you to stay at home, following a burglary at your home or place of
business, during the period of your holiday or within the seven days before this.
o You are in HM Forces and are posted unexpectedly or have leave cancelled if you are in the
police (unless you can recover the cost of the lost booking from another source) or o You are placed in quarantine.
Please note that all of the above reasons must have arisen after you made your booking and must not have been within your knowledge at the time of your booking. This particularly applies to pre-existing illness.
You may be eligible for a full refund if you cannot reach your holiday destination at all due to snow or flood conditions or as a result of being involved in an accident while on the way there. This only applies if you have made every effort to try to complete your journey. You will need to produce evidence of this including from the police or Highways Agency. Although a refund is available in these circumstances you may prefer to delay your arrival. If you choose to delay in these circumstances you will receive a 15% refund for each 24 hour delay (up to a maximum of 72 hours = 45%) For short breaks, you will receive a fixed refund of 45% for all arrivals delayed for more than 24 hours
We will ask you to fill in a booking cancellation form which may need signing by a medical practitioner or employer. In this case we may also need you to give us more information/evidence from other people (we will tell you at the time).
The following reasons for cancellation do not qualify for a refund as set out above:
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Suicide or attempted suicide;
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deliberate self-injury;
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the effect of alcohol or drugs;
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or any other reason which is not specifically referred to above.
If the reason for cancellation is not one of those given above, for example, you do not want to travel, your leave is cancelled by your employer and so on, you will have to pay a cancellation charge to the owner based on the number of days before the arrival date at the property that we receive notice, as shown in the table below. This means that if you have paid the balance of your total booking cost and then have to, or want to, cancel, you may receive a refund of part of the cost. However, if you have not paid your total booking cost, iby the time of your cancellation, you may have to make a further payment to cover the cancellation charge.
For the purpose of the table below, accommodation cost means the total cost of the accommodation booking, including any extra items.
Cancellation charges
Number of days before the start date of your trip that we receive your notice to cancel (or on which you are deemed to have cancelled)
More than 10 days 90% of total cost 100% of Total cost
7 days or less no refund
c. Cutting short your stay
You can also get a refund as set out above if you show that your stay is cut short for any of the reasons set out in b above. In this case, we will refund the appropriate percentage of the cost of your stay. This only applies if everyone from your party leaves the property. If your stay is cut short for medical reasons affecting any person in your party, you will need to produce a certificate from a local doctor, confirming that they needed to return home.
d. Members not travelling/ Part cancellations
If only one person in your party needs to cancel, this will not normally affect the total cost of your booking unless you cancel any travel arrangements or extra services which are charged on a ‘per person’ basis. In these instances, the owner may provide a refund of any per person charges remaining after taking off any applicable cancellation charges.
8. Cancellations or changes by the owner
We do not expect to have to make any changes to your booking. However, sometimes problems happen and bookings have to be changed or cancelled or mistakes in brochures or other details corrected. We have the right to do this. If we do, we, on their behalf, will contact you (by phone if reasonably possible in the case of a significant change or cancellation – we will let you know about minor changes by post) as soon as is reasonably practical. We will explain what has happened and let you know about the cancellation or change; however we will have no further liability to you.
9. Events beyond our control
Unless we say otherwise in these booking conditions, unfortunately we will be legally responsible either jointly or individually for any compensation if we or they are prevented from carrying out our responsibilities under this contract as a result of events beyond our control. This means an event we or the owner could not, even with all due care avoid, including but not limited to:
• strike, lock-out or labour dispute;
• natural disaster;
• acts of terrorism, war, riot or civil commotion;
• malicious damage;
• keeping to any law or governmental order, rule, regulation or direction including advice from
the foreign office to leave or avoid a certain country; • accident;
• breakdown of equipment or machinery;
• insolvency or bankruptcy of an owner;
• fire, flood, snow or storm;
• difficulty or increased cost in getting workers, goods or transport;
• and other circumstances affecting the supply of the arrangements.
10. Our legal responsibilities to you
We cannot be held responsible for noise or disturbance which comes from beyond the boundaries of the property or which is beyond the owner's control. If we know about a problem before you arrive, we will contact you to let you know.
We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers or swimming pool filtration systems, nor for the failure of public utilities such as water, gas and electricity.
12. Insurance
We consider it is essential that you have enough travel insurance for your trip. For UK property bookings, we recommend that you take out enough travel insurance to cover you for your total stay. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.
13. Disabilities and medical problems
If you or any member of your party has any medical problem or disability that may affect your booking, please tell us before you make your booking and give us full details in writing as early as possible before you travel. If the owner reasonably feels unable to properly meet that person’s particular needs, we can refuse or cancel the reservation.
14. Your property
We have set the following conditions on your stay at the property:
Arrival and departure: You can arrive at the property at any time after 4pm (unless we tell you otherwise, for example on your confirmation or in the key collection details we send you) on the start date of your rental period. You must leave by 10am on the last day. If your arrival will be delayed beyond 8pm on the start date of your rental period, you must contact us. If you fail to do so, you may not be able to get into the property. If you fail to arrive by 12 noon on the day after the start date of your rental period and you do not let us know you are arriving late, the owner may treat your booking as having been cancelled by you. In this situation, we will not refund any money you have paid and you will be responsible for making alternative arrangements.
Security deposits: we may require payment of a security deposit or a Good Housekeeping deposit.
The amount, and details of how the payment should be made and how and when it will be returned (less any costs for breakages, damages etc. if applicable) will be provided at the time of booking.
Behaviour: You and all members of your party agree:
- to keep the property clean and tidy;
- to leave the property in a similar condition as you found it when you arrived;
- to behave in a way at all times while at the property which does not break any law;
- Not to behave in anti-social manner, breach the peace or otherwise act in a way which may disrupt
or affect the enjoyment of others;
- not to use the property for any illegal or commercial purpose;
- Not to sublet the property or part thereof or otherwise allow anyone to stay in it who we have not
previously accepted on behalf of the owner as a member of your party.
Maximum occupancy: You also must not allow more people than the brochure states to stay overnight in the property. You cannot arrange for visitors to the property without the advance consent of the owner. You cannot significantly change the number of adults or children during your stay, (for example, if you book for two adults and two children, you cannot arrive with four adults and no children). You must not hold events (such as parties, celebrations or meetings) at the property without the advance consent of the owner. If you do any of these things, we can refuse to hand over the property to you, or can repossess it. If the owner does this, we will treat this as you cancelling the booking. In these situations you will not receive a refund of any money you have paid for your booking. And we or the owner will not be legally responsible to you as a result of this situation, (this will include, for example, any costs or expenses you have to pay due to not being able to stay in the property, such as the cost of finding other accommodation). We are under any obligation to find any alternative accommodation for you.
Pets: pets are allowed If you take a pet with you, it is not allowed upstairs, on beds or furniture. You must not leave any pets unattended in the property, including any garden, . t If you or any member of the party has a pet allergy, we cannot guarantee that dogs, or other pets, have not stayed in the property nor can we accept any responsibility for any subsequent health reaction.
No Smoking: most properties are no smoking (including E-cigarettes). If you require a smoking property please contact us.
15. Damage
You are responsible for and agree to reimburse to us all costs incurred as a result of any breakage or damage in or to the property which is caused by you or any members of your party or any other persons invited into the property by you. Or we can ask for an extra payment from you to cover any such costs.
We expect the property to be left in a reasonable state on departure. If in the our or caretaker’s opinion, additional cleaning is required, you will be liable to us for the cost of this cleaning.
.If you discover that anything is missing or damaged on arrival please notify us
16. Right of Entry
We are allowed to enter the property (without letting you know first if this is not practical or possible) if special circumstances or emergencies happen (for example if repairs need to be carried out) or if you break any of these booking conditions. We are or our representative also is allowed to enter the property to inspect it (including but not limited to where you have complained about the property). If this happens, you will be given reasonable notice first.
You agree to allow us or our representative (including workmen) access to the property as required by this clause.
17. Unreasonable behaviour
We can refuse to hand over their property if the unreasonable behaviour of anyone in your party is likely to cause offence to other guests, to members of staff or to neighbours, or if we have reasonable cause to believe you or any member of your party will cause damage or loss to the property, its services or facilities. If this happens, the contract between you and us will end and you will not receive any refund and we will have any further responsibility to you.
We can end a stay after the keys have been handed over, if the unreasonable behaviour of anyone in your party (including anyone invited into the property by you) is likely to spoil the enjoyment, comfort or health of other guests, residents, neighbours or members of staff If this happens, you will have to leave the property immediately and no refund will be given. You may also be responsible for any costs the owner has as a result of your behaviour as set out in clause 14.
18. Special requests
If you have any special requests, you must let us know when you make a booking and confirm them in writing. Although we will try to accommodate any reasonable requests on , we cannot guarantee that any request will be met. Confirmation that we have noted a special request , or of the fact it is shown on your written confirmation or any other document, is not confirmation that the request will be met. If we or we fail to meet any special request, it will not mean we have broken your contract.
19. Complaints
If you want to complain, we, will want to take action to sort your complaint as soon as possible. It is essential that you contact the us immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless we are told promptly.