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South West Holiday Lets Limited |
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Registration Number
4664945 |
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26 Lower Oldfield Park, |
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http://www.bathholidayrooms.co.uk |
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Tel: 0 |
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email:
info@bathholidayrooms.co.uk |
South West Holiday Lets Ltd (the ‘Company’) arrange
bookings of properties as agents of the owners (the ‘owner’) of such properties
(the ‘property’). When you book a property through South West Holiday Lets Ltd,
you enter into a contract with the Owner of that property. South West Holiday
Lets Ltd are responsible for the administration of your booking, but, except
where otherwise stated in these Conditions, do so solely ‘on behalf of and as
agents of the Owner’ or ‘as agents for the Owner’. Where these conditions
mention ‘the Company’ without using words such as ‘on behalf of the Owner’ or
‘as agents for the Owner’ this means South West Holiday Lets Ltd in its own
right rather than as agent for the Owner. References to ‘you’ and ‘your’ mean
the person making the booking and all members of the holiday rental party who
have been accepted by the Company on behalf of the Owner. These Conditions set
out the basis of your contract with the Owner. They also deal with South West
Holiday Lets Ltd. Nothing in these Condition affects your normal statutory
rights.
1.
Your booking
You can book the properties and take up the offers
shown on the Company’s website or otherwise advertised if the applicable
property 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 Owner or the Company for any expenses,
costs, losses, claims or other sums of any description which relate to any
business, however suffered or incurred by you. When the Company on behalf of
the Owner issue a written confirmation to you, this signifies that the Owner
has entered into a contract with you, which is subject to these Conditions. The
Company on behalf of the Owner has the right to refuse any booking prior to the
issue of your written confirmation, and if the Company on behalf of the Owner
do this, the Company on behalf of the Owner 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
on behalf of the Owner immediately.
2.
Paying for your property
When you book your property you should pay the
amount then due 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 on behalf of the
Owner 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 received by the Company no later than 28 days before your
arrival date. However, if you book less than 28 days before the arrival date,
payment of your total holiday cost is due straightaway. For properties booked
less than 2 weeks before your arrival date your booking must be paid for in
full by debit or credit card or by bank transfer, at the time of booking.
All prices quoted on our website or otherwise
advised to you include all booking fees, charges, and, where applicable, Value
Added Tax (at 17.5%) . Should the VAT rate increases, or any additional taxes
or levies be introduced which affect the price of your holiday, 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 credit/debit card the Company may make
a charge of up to 2%, subject to minimum charge of £2, for each payment made
this way to recover the credit/debit card company’s charges to the Company.
If any payment you make is not honoured for any
reason whatsoever, the Company is entitled to make an administration charge of
£25.
3.
Cancellation or changes to your booking by the Owner or the Company
Neither the Owner nor the Company expect to have to
make any changes to your booking, but occasionally problems occur and bookings
have to be changed or cancelled. If this does happen, the Company will contact
the party leader (by telephone where reasonably possible in the case of a
significant change or cancellation, minor changes will be notified by post or email)
as soon as is reasonably practical, explain what has happened and inform you of
the cancellation or change.
If a significant change has to be made (and the
change is not acceptable to you) or your booking has to be cancelled, the
Company will, if possible and as soon as reasonably practical, offer the party
leader an alternative property (from the range advertised by the Company) of
similar type and standard in a similar location for the same or similar time of
year. As the alternative property is likely to be owned by a different Owner to
that of the original property booked, the advertised cost of the alternative
property will be payable. You may be asked to pay any price difference if the
alternative property is advertised at a higher price. However, it is possible you may be able to
claim any price difference (if the alternative property is more expensive than
the original one) from the Owner of the original property. Obviously, if the
alternative property is advertised at a lower price, you will receive a refund
(if you have already paid the balance of your total holiday cost) of the price
difference. If you do not wish to accept a significant change or any
alternative property offered or the Company cannot offer you a suitable
alternative property, you will receive a full refund of all monies paid to the
Company.
So as to keep any period of uncertainty to a
minimum, the Company will, whenever reasonably possible, communicate with you
by telephone or email in the case of a significant change or cancellation and
you are required to do the same. The party leader should tell the Company as
soon as reasonably possible whether you wish to accept any change or alternative
property offered, or alternatively whether you want a refund, as soon as
possible after the party leader being advised of the change, cancellation or
proposed alternative property. In the unlikely event that the party leader
fails to tell the Company that you wish to accept any change or alternative
property the Company is entitled to assume you wish to cancel your booking and
receive a full refund of all monies paid to the Company.
Where your booking is significantly changed or
cancelled, you will able be offered compensation if and as appropriate. A
minimum compensation of £20 per booking will usually be paid. However,
compensation will not be payable where any change or cancellation results from
“Acts of God” (please refer to clause 4 below) or where you have refused,
without good reason, to accept an alternative property you have been offered.
Please note, no compensation is payable for minor
changes. Such minor changes do not entitle you to take an alternative property
or to cancel without paying the normal charges as set out in these Conditions.
A minor change is a change which the Owner could not reasonably expect to have
a significant effect on your confirmed booking.
4.
Circumstances beyond the control of the Owner/the Company (Acts of
God).
Except where otherwise expressly stated in these
Conditions, the Owner and the Company shall not be liable, jointly or
individually, for any changes, cancellations, effect on your holiday, loss or
damage suffered by you or for any failure by the Owner and/or 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 either
the Owner or the Company (referred to as ‘Acts of God’ in these Conditions). By
way of example, Acts of God include fire, flood, exceptional weather
conditions, epidemics, destruction or damage of the property by any cause
(other than negligence of the Owner or the Company) and all similar situations,
in appropriate cases (for example where your booking has to be cancelled before
departure) the Company on behalf of the Owner will, however, refund to you all
monies paid to the Company by you for your booking.
No compensation, expenses, costs or other sums of any
description (including without limitation the cost of securing an alternative
property/accommodation) will be payable in such circumstances by either the
Owner or the Company to you.
5.
Website details
The Company aims to ensure
that the information provided by Owners is accurately conveyed on the website
and other promotional literature or material produced and circulated by the
Company. However, the information and prices on this website/other material may
have changed by the time you come to book. Whilst every effort is made to
ensure the accuracy of the website/other material and prices at the time
publication, 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 both the Company and the Owners are
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. Neither the Owner
nor the Company can accept responsibility for any changes or closures to area
amenities or attractions mentioned on the website by the Company or advertised
elsewhere. 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 on
the website or otherwise provided to you as soon as reasonably practical after
the Company becomes aware of the change or inaccuracy.
6.
Liability
The Owner and the Company
shall have no liability for any death or personal injury unless, in the case of
the Company, this results from the negligence of the Company or its employees
(providing they were at the time acting in the course of the employment) or, in
the case of the Owner, it results from the Owner’s negligence or that of any
employee of the Owner (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
Owner or the Company in respect of damage to, or loss of, such personal
property except, in the case of the Owner, where the damage or loss is caused
by the negligence of the Owner or that of any employee of the Owner (providing
they were at the time acting in the course of their employment) or, in the case
of the Company, where the damage or loss is caused by the negligence of eh
Company or its employees (providing they were at the time acting in the course
of their employment).
As the Company acts only as
agent for the Owner, the Company cannot accept any liability for any act(s) or
omission(s) of the Owner or anyone representing, or employed by, the Owner.
Further, the Company cannot accept any liability for any shortcomings or
defects with or in any property as all properties are within the sole control
of the Owner. Please also refer to Section 4 (Acts of God) above.
7.
Your changes or cancellation to your booking
If you want to change your
booking once your confirmation has been issued, an administration fee of £25
will be payable to the Company once any change has been made. However, it is
important to realise that a change of property or dates may have to be treated
as the cancellation of one booking and the making of another. In such cases
cancellation changes may be incurred which may be as much as the total cost of
your holiday booking. The company will advise the party leader if this is the
case when the change is requested. The party leader must then inform the
Company as soon as reasonably possible to whether you still wish to change your
booking. If you advise the Company that you do or the party leader fails to
contact the Company as soon as reasonably possible, your booking will be
treated as having been cancelled by you. So as to keep any period of
uncertainty to minimum, the Company will, whenever reasonably possible,
communicate with you by telephone and you are required to do the same.
If you have to, or wish to,
cancel your booking, the party leader must telephone the Company on the number
shown on your booking confirmation as soon as possible. The party leader must
also immediately confirm your cancellation in writing sent by recorded delivery
to the Company at the address shown on your booking form. The day the Company
receives your telephone notification of cancellation is the date on which your
booking is cancelled.
Any cancellation of a
confirmed booking will be subject to an administration fee of £25. If you cancel more than six weeks prior to
your booked start date the company will
refund all monies you have paid less the cancellation fee. If you cancel between six weeks and four
weeks the company will refund 50% of the monies paid less the cancellation
fee. If you cancel less than four weeks
before your booked start date no refund will be payable.
You are advised to take out
insurance to cover your liabilities to the company if you are forced to cancel.
8.
Your rental property
You can arrive at your
property after 15.00 hours on the start date of your holiday rental and you
must leave by 10.00 hours on the last day. If your arrival will be delayed
beyond
Some owners require you to
pay a security deposit on arrival. If this applies to your chosen property you
will be advised of the amount at the time of booking. The security deposit will
be refunded by the owner at the end of your holiday rental (less any costs for
breakages, damage etc if applicable – see below).
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 you found it upon your 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 on behalf of the Owner.
You are responsible to the
Owner for the actual costs of any breakages, damage or loss 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 the Owner can require
payment from you to cover any such costs. You must
ensure that all property belonging to the owner is left at the property during your
stay, including keys, towels and TV and equipment remote controls.
The Owner is entitled at
his/her 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 Owner reasonably believes that any damage is likely to be
caused, has been caused or is being cause by you or any members of 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
neither the Owner nor the Company will 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, neither
the Owner nor the Company is under any obligation to find any alternative
accommodation for you.
You must not allow more
people than the website states to occupy the property, 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 Owner can refuse to hand over the property to you, or
can repossess it, if the Owner 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 neither the Owner nor the Company will have any liability to you as
a result of this situation, neither the Owner nor the Company is under any
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.
You must allow the Owner and
any representative of the Owner (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 Owner is entitled to enter the
property at any time without giving you prior notice).
9.
Complaints
Every effort has been made to
ensure that you have an enjoyable and memorable holiday. If, however, you have
any cause for complaint the Owner and the Company are anxious that remedial
action is taken as soon as possible.
It is essential that you
contact the Owner or his/her representative immediately if any problem arises
so that it can be speedily revolved. It is often extremely difficult (and
sometimes impossible) to resolve difficulties properly unless the Owner is
promptly notified. Discussion of any criticism with the Owner 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.
If you cannot make contact
with the Owner or his/her representative, or if you remain unhappy with their
response, you should telephone the Company’s Head Office in
If, after this, you feel that
the problem has not been resolved to your satisfaction, then you must, within
30 days of returning from your holiday rental, put your complaint in writing to
the Company. This will then be passed on to the Owner. Send your letter by
recorded delivery to the Company’s Head Office (address will be given on your
confirmation letter).
This procedure is designed to
ensure the speediest possible investigation and rectification of complaints.
Please help the Owner and 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.
10. Communicating with You
For the purposes of the Data
Protection Act 1998, South West Holiday Lets Ltd 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, where applicable, the names and addresses of members of your
holiday rental party, credit/debit card or other payment details and special
requirements such as those relating to any disability or medical condition
which may affect your choice of holiday property. If the Company needs any
other personal details, the Company will tell you before obtaining them. You
may also be asked to complete a post-holiday questionnaire which will include
your personal details.
South West Holiday Lets needs to pass on your personal
details to the people and organisations who need to know them so that your
holiday rental can be provided (for example the property owner, and any key
holder of such property (if not the property owner), your credit/debit card
company or bank, or for verification of details relating to your holiday
rental. Such individuals, companies and organisations may be outside the
European Union,
The Company also need to
process and store your personal details for their own administration, market
analyses and operational reviews. 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 feels may be of
interest to you). All details you give at any time (including those relating to
any disability or medical condition) 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 any other
trading division of South West Holiday Lets Ltd. or any subsidiaries of such
companies who offer goods or services which the Company feels may be of
interest to you.
South West Holiday Lets, or
any other companies and organisations authorised by the Company, may make
contact with you or any members of your holiday rental party by post, e-mail,
telephone, including automated dialling equipment, fax, and/or pre-recorded
messages for the purposes set out in this clause for a period of three years
after the end date of holiday rental or travel-related services provided. 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 by ticking the relevant box on your booking form or
other document or by ticking the relevant box on marketing or promotional
literature sent to you, 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 in writing to the
contrary.
Except where expressly
permitted by the Data Protection Act 1998, the Company will only deal with the
personal details you give 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 promise 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 are entitled to refuse your request.
The Company may also record
or monitor telephone calls to and from the Company without notification for
staff or training purposes.
11. Law
The contract between you and
the Owner is subject to English law, and is formed in
12. Your rights
Your
statutory rights are not affected by anything contained within these
Conditions.
13. These Booking Terms and
Conditions
These
Booking Terms and Conditions are valid from 3rd March 2004 to 31st
December 2006