1. Role of the Agent
1.1 North Wales Holiday Cottages & Farmhouses (the “Agent”) is a letting agency acting on behalf of the property owner (the “Property Owner”). This means that your contract for the booking of your cottage is actually between you and the Property Owner and not between you and the Agent.
1.2 The contract for the letting of a property (the “Property”) for any period (the “Booking”) shall be between the Property Owner and the person whose name is stated as the customer either on our electronic web based Booking form or given by telephone at the time of the telephone Booking (referred to below as “you” and/or the “Customer”) (together, the “Parties”). The Agent acts as agent only but has the right to refuse any booking.
1.3 As all obligations will be with you as the Customer, if you have accepted these terms and conditions on behalf of other people, you are advised to inform all the members of your party as you will be responsible for any issues.
1.4 Whilst bookings may be made by you for use by another party, the contractual obligations and responsibilities remain between you and the Property Owner unless agreed otherwise in writing.
1.5 Pursuant to the Third Party (Rights Under Contract) Act 1999, the Agent shall have the full benefit of all of the provisions and protections contained in this contract. No other party who is not a party to this contract shall have any rights under it.
1.6 The Booking becomes binding on the Parties upon payment of the Deposit by the Customer. The Deposit shall be the greater of £150 or 30% of the full rental price (the “Price”). Whilst every effort is made to ensure a Property will be available at the time of accepting a Booking, in the unlikely event that the Property Owner is unable to honour the Booking for some reason, this will be notified to you as soon as possible and the Deposit refunded in full. The Deposit will not be refundable in any other circumstances.
1.7 Please note that reservations for less than one week are payable in full at the time of Booking and are not refundable other than in the circumstances detailed in paragraph 1.6 above.
1.8 Bookings cannot be accepted from people less than 18 years of age. At least one member of the party staying at the Property must be 18 years of age or older at the time of Booking.
1.9 The Agent will send a confirmation of the Booking as soon as possible and, upon receipt of the Booking confirmation, the Customer must check the details and notify the Agent of any mistakes or omissions as soon as possible and in any event within seven days of receipt of the Booking confirmation.
1.10 It is noted and acknowledged that Bookings are for holiday purposes only and cannot give rise to a tenancy. It is agreed that the Property will not be used at any time for business use.
1.11 Customers should be aware that some Properties are in remote locations which can be difficult to access in adverse winter conditions.
1.12 As confirmed Bookings cannot be cancelled by you, it is strongly advised that you take out insurance to cover you if you are unable to make use of your Booking for whatever reason.
2. Property descriptions
2.1 All the Properties listed are privately owned and are let for self-catering holidays by The Agent on behalf of the Property Owners. Every care has been taken in preparing the description of each Property and they give the essential details of every Property. Whilst efforts are made to ensure that the pictures that accompany each Property description give as accurate an impression of the Property as possible, slight changes to Properties, and in particular to furnishings, may have occurred since details were placed on the website or brochure. Neither the Agent nor the Property Owner can be held responsible if, on arrival, the Property does not meet the Customer’s expectations by reason of such changes and the right to amend the Property details due to an error, omission or refurbishment is reserved.
2.2 Where information in the brochure or website refers to matters beyond the boundary of the Property (e.g. local facilities), their continued existence or accuracy of such details cannot be guaranteed.
2.3 Unless otherwise stated in an individual Property description, each Property has car parking, full-sized cooker, kettle, refrigerator, iron and colour television. Beds will be made up with fresh linen. Towels are supplied unless otherwise stated in the description. Please check the Property details carefully as a few of the properties do not include towels.
3.0 Rental prices
3.1 The Price stated for the Booking includes VAT where applicable. Payments may be made by cheque, bank transfer or by one of the following cards: MasterCard, Maestro, Visa, Visa Electron and Solo. Credit card payments will incur an additional 2% fee.
3.2 Some Properties require a security deposit to be paid with the balance payment to the Agent as agent for the Property Owner. After the Customer has vacated the Property the Agent shall return the deposit to the Customer only on instruction from the Property Owner. Irrespective of who takes any such deposit, the Agent cannot act as an arbitrator in any dispute between the Property Owner and the Customer and such disputes shall be settled by you directly with the Property Owner.
3.3 Occasionally a Property Owner may require a security deposit on arrival at the Property. Again, agreement and settlement will be between the Customer and the Property Owner. Details will be given in the Property description and the travel information.
4.0 Making a Booking and payment
4.1 After paying the Deposit, the Agent will issue confirmation of the Booking. The balance of the Price (i.e. the full Price less the Deposit paid) (the “Balance”) is due for payment in full eight weeks prior to the start date of the Booking (the “Due Date”). There is no obligation to issue reminders and failure to pay the Balance in full by the Due Date will be deemed to be a cancellation of the Booking. The Property can then be released for resale and no refund will be due to you.
4.2 On receipt of the Balance, key collection arrangements and travel directions will be sent to the Customer.
4.3 If the option of automatic payment of the Balance is selected, either through the website or over the phone, the balance due will be automatically charged to your credit or debit card on the Due Date. If the card is declined attempt will be made to contact you for an alternative card. If a valid alternative card is not provided within 5 days of the Due Date and no valid alternative payment is made this will be deemed to be a cancellation of the Booking. It is recommended that you ensure that adequate funds are in place to process the payment of the balance on the Due Date and that the credit or debit card does not expire before the Due Date.
4.4 Once the Booking has been confirmed, unless the Booking is cancelled by you in writing prior to the Due Date, you are legally liable for payment of the Balance.
5. Alterations or cancellation by the Customer
5.1 If you wish to make any alterations or cancel the Booking, you must submit a request in writing. Whilst efforts will be made to accommodate you, this will be at the sole discretion of the Agent. Any alterations will be subject to payment of the Agent’s administration costs and any increase in the price between the Booking and the replacement booking.
6. Alterations or cancellation by the Agent or the Property Owner
6.1 Occasionally, after the Booking has been confirmed the Agent is informed that the relevant Property Owner is unable to honour a Booking or it is considered that the Property is not habitable in the reasonable opinion of the Agent or the Property Owner, the following provisions will apply:
a. if you are notified of this within 7 days of the issue of the confirmation of your Booking, you will receive a full refund of all amounts paid forthwith and that will be the end of any liability of the Agent or the Property Owner to you. The Agent will attempt to agree replacement accommodation with you and any such replacement will be treated in all respects as a new Booking.
b. provided that over 7 days have passed since the issue of your Booking confirmation, if you are notified of this on or before 28 days before the start date of your holiday, you will be given a full refund of all amounts paid under this contract and a £100 payment towards any replacement holiday for holidays of 7 days or more or £50 towards any cancelled shorter break if booked with us for the same dates as cancelled Booking.
c. provided that over 7 days have passed since the issue of your Booking confirmation, if you are notified of this less than 28 days before the start date of your holiday then:
i. the Agent will make every effort to offer a suitable alternative property (the “Alternative”), which you can accept or reject.
ii. if you accept the Alternative, you will be entitled to:
a. the pro rata difference in the price for the period of occupation if the Alternative is cheaper than the Property; and
b. a compensation payment of 15% of the Price.
iii. if you do not accept the Alternative, you will receive a full refund of all monies paid by you under this contract and a £100 payment towards any replacement holiday for holidays of 7 days or more or £50 towards any cancelled shorter break.
6.2 You agree that your entitlements on such cancellation shall be limited to the amounts stated in paragraph 6.1 above.
7. Occupying the Property
7.1 In the event that on or following arrival you consider the Property to be uninhabitable, you must notify the Property Owner immediately. In the event of not being able to reach the Property Owner, you must notify the Agent immediately. Upon notification by you, if it is agreed that the Property is uninhabitable, the provisions of clause 6.1 shall apply. Liability to compensate you or offer an Alternative shall only arise from the date of notification by you and payments shall be made on a pro rata basis of the terms stated in 6.1 in relation to issues arising during a holiday rather than notified by you at the commencement of the holiday.
7.2 Directions for reaching the Property, instructions for obtaining the key and the name and telephone number of the Property Owner / key holder will be issued on receipt of the final payment. Properties can be occupied from 15.00 on the day of arrival until 10.00 on the day of departure unless otherwise stated in the travel directions. Any variations to this need to be requested to the Agent in writing 14 days or more prior to the commencement of the Booking and will only apply if these requests can be agreed with the Property Owner.
7.3 The number of people occupying a Property must not exceed the number stated in the Property description. Property Owners reserve the right to refuse admittance if this condition is not observed. The Property Owners and the Agent both reserve the right to revoke or refuse prior to, or during the stay, any Bookings from parties they consider to be unsuitable for the Property.
7.4 Due respect and consideration to neighbours must be observed at all times.
7.5 Caravans, campervans or tents may not be parked or erected at the Property without the Property Owner’s permission.
7.6 The Customer must ensure that all vehicles are parked so that they do not cause an obstruction or danger to any third party or the Property Owner. All vehicles parked at the Property are done so at the owner’s risk.
7.7 Where pets are welcome, it is on the condition that they are not allowed on the furniture or in the bedrooms and are never left in the Property unattended. Some Property Owners will require a refundable deposit if pets are being brought to the Property. Neither the Agent nor the Property Owners can accept responsibility for the pet’s safety.
7.8 Properties must be left in a clean and tidy condition including the correct disposal of rubbish/waste for recycling, if applicable, and disposal of dog mess from gardens/grounds. Storage heaters, where supplied, must be left on and fully charged. The Property Owner reserves the right to levy an additional charge for any additional cleaning required after you leave the Property and for any consequential loss.
7.9 You are liable for any damage and breakages beyond normal wear and tear which must be notified to the Property Owner or key holder as soon as possible.
7.10 The Agent and the Property Owner or key holder have the right to enter the Property (without prior notice if this is not possible or practical) if special circumstances or emergencies arise including but not limited to if repairs need to be carried out or complaints (from you or third parties) have been received regarding your occupation of the Property.
7.11 Keys are your responsibility and any costs through loss, damage or loss of access to the Property as a result of keys not being returned to their original collection point shall be chargeable to you.
7.12 The Property shall be used solely for holiday purposes and you shall not sub let the Property, any part of the Property or any equipment from the Property.
7.13 Where there is evidence that these conditions have not been adhered to, the Property Owner can refuse the Customer entry to the Property or make you leave the Property before the end of the Booking and you shall have no claim for compensation or reimbursement whatsoever and future Bookings may be refused.
8.1 If there is a problem, in the first instance you should immediately contact the Property Owner or key holder for the Property. If they are unable to help, you should contact the Agent immediately. The Agent will do all it can to rectify the problem, if it is unable to do this and in its opinion the complaint is justifiable, the Agent will try to find a suitable solution. Any disputes arising out of the Booking will be between the Customer and the Property Owner. The Agent shall not be liable for any claims by the Customer or the Property Owner. The Agent regrets that it is not possible to consider complaints once a Property has been vacated if they have not been reported and verified during the holiday.
9.1 The Agent carefully inspects all Properties but cannot accept responsibility for any changes made by the Property Owner since the inspection, or failure by the Property Owner to keep the Property dry, clean or in good repair.
9.2 Neither the Agent nor the Property Owner is liable for any unexpected or unusual circumstances which are outside their control, such as severe weather conditions, failure of public utilities, fire, flood, drought, acts of riot, etc which may lead to facilities offered becoming unavailable for all or part of the rental period.
9.3 To the extent permitted by law, other than as detailed in paragraph 6.1 above, no liability under this contract exceed the Price.
9.4 To the extent permitted by law, neither the Agent nor the Property Owners shall not be liable to the Customer or any member of the party for any injury, loss or damage to property or person however caused.
9.5 The Customer should ensure that all personal possessions are removed on departure from the Property.
10. Data protection
10.1 For the purpose of the Data Protection Act 1998, all personal and other information and details collected by the Agent belong to the Agent and will not be disclosed to any third party except to the Property Owner and/or the key holder in connection with a Booking.
10.2 Provided that the Customer has not told the Agent otherwise in writing, the Agent may use the Customer’s personal information for marketing the Agent’s services.
10.3 If the Customer wishes to be removed from the Agent’s marketing lists they must contact the Agent by phone on 01492 582492 or by email at email@example.com
11.1 These Booking conditions supersede all previous issues and this contract is governed in all respect by the laws of England and Wales. In the event of any dispute it shall be referred to the jurisdiction of the English and Welsh Courts only and you agree that any proceedings shall be requested to be transferred to the relevant court for the area in which the Property is situated.
11.2 If any provision in this agreement is held to be invalid, unlawful or unenforceable it shall be severable from the remainder of this agreement which shall remain binding on the parties.
11.3 These terms and conditions apply to all Bookings whether made by telephone, post, internet or by any other means and where the context so admits or requires words denoting the singular include the plural and vice versa and words denoting any gender include all genders.