SEABORNE HOUSE BOOKING TERMS
Your Contract of Hire is with WR & JS Rogers (“we”, “us” and “our” in these Booking Conditions) for the property known as Seaborne House (“the Property”). This is the case whether the holiday confirmation has been issued by us or our Agent. The Contract of hire of the Property is for holiday let purposes only. We do not accept bookings from Holidaymakers under the age of 18, or for single sex parties. References to “you” or “your” are references to the person making the booking and all members of the holiday party.
These Booking Conditions form the basis of your Contract with us so please read them carefully. Nothing in these Booking Conditions affects your normal statutory rights.
1. MAKING YOUR BOOKING
When you book the Property with us you should return the completed Booking Form to us together with your payment for the Initial Deposit. Please note that the Initial Deposit is only refundable if you cancel your booking within seven days of receiving our written confirmation of your booking.
Your booking is made as a consumer for the purpose of a holiday and you acknowledge that no liability can be accepted for any business losses howsoever suffered or incurred by you.
If you or any member of your Party are in need of any special requirements or particular facilities, you need to let us know this before we or our Agent take your Initial Deposit. No refunds can be made in the event that a Property is deemed unsuitable after this time. We or our Agent reserve the right to refuse or revoke a booking from any party that may, in our opinion and at our sole discretion, be unsuitable for the Property concerned.
Once the completed Booking Form, the Initial Deposit and the Security Deposit have been received and accepted by us, we will issue you with our written confirmation. The Contract between us will only be formed when we send you our written confirmation and is subject to these terms and conditions. We reserve the right to refuse any booking prior to the issue of our written confirmation. If we do this we will promptly refund any money you have paid to us.
You should carefully check the details of our written confirmation and inform us immediately of any errors or omissions.
2. PAYING FOR YOUR BOOKING
You are required to send to us your payment for the balance of the Rental and the Security Deposit at least 8 weeks prior to the Arrival Date as set out in our written confirmation. If you fail to make a payment due to us in full and on time we may treat your booking as cancelled by you.
We will, at our sole discretion, ask for and hold a Security Deposit to be applied against the reasonable excess cleaning and/or replacement of the property, furnishings, fixtures, and fittings in line with these terms and conditions, if the property has not been returned in a satisfactory condition, normal wear and tear notwithstanding. We will return any Security Deposit to you within 28 days of the return of the keys to us, less any deductions in accordance with the conditions listed below.
Payment for the Holiday Booking is for accommodation and utilities, such as water, electricity, and gas. You are requested to turn off the water, lights, and heating when not in use or when you are not in the Property. Excessive use of utilities may result in a charge for damages taken from your Security Deposit. Supplementary charges for other items, such as extra guests, linen or pets, will be charged as set out on your Booking Form and are due to be paid at the time of payment of the Balance.
You agree to reimburse us or our Agent for any of our or our Agent’s bank charges incurred as a result of non-payment of bank payments, or for bank fees incurred as a result of our agreeing to receive overseas payments from you in respect of the Contract of Hire.
Payment can be made in several ways:
By credit card (3% surcharge if paying Balance in this way)
By debit card (no charge)
By Paypal (fees payable by you)
By BACS (Bank Automated Clearing System) payments to our account:
Sort code: 400 300 Account number: 24211863 quoting your Booking Reference as the bank payment reference.
Overseas BACS payments: please ask for our SWIFT or IBAN details.
Payments in US $ and Euros may also be taken at the current HSBC exchange rate on the day – please ask for details.
There is Value Added Tax included in your quoted rate at 20% on the rental of the Property (currently 5% - until January 2021. Note: This decrease in VAT has been mandated in order to aid businesses such as ours through the difficult trading conditions due to Covid-19, so we will not be passing the discount onto our guests, except at our sole discretion.)
There is no Booking Fee to pay if the Property is booked directly with us, the Owners. However, if you choose to book through a booking platform such as TripAdvisor or AirBnB acting as our Agent, then you may be charged a booking fee by them which is out of our control. (We may also have to pay them a commission and so we would always prefer direct bookings if possible.)
3. CONFIRMATION OF YOUR BOOKING
We will issue a written Confirmation of Booking once a signed Booking Form and the Deposit has been received for the holiday booking regardless of the method of booking. At this point, you are responsible for the total published price of the Property and extras as shown on the Confirmation.
4. IF YOU CANCEL OR AMEND YOUR BOOKING
If you need to cancel or amend your booking you must telephone us on the number shown on our written confirmation as soon as possible. We cannot accept material changes to this Contract of Hire once we have received your Booking Form and payment.
We may be able to change the dates of your Holiday Booking provided you advise us not less than 8 weeks prior to your original Holiday start date. There will be an administration fee of £50 per week for re-letting. No change of dates is operative until the administration fee is paid and written confirmation of this is sent to you.
You are required to confirm your cancellation in writing or by email to the addresses shown on our written confirmation. A cancellation will not take effect until we receive written notice from you.
If you cancel your booking within 7 days of receiving our written confirmation, we will refund the balance of any money you have paid us. After such period, if you cancel your booking more than 8 weeks prior to the Arrival Date, we will retain the Initial Deposit and refund the balance of any money you have paid to us.
If you cancel your booking less than 8 weeks prior to the Arrival Date, we reserve the right to retain the Initial Deposit and the Rental, and refund the balance of any money you have paid to us. In these circumstances, we will refund the Rental (less any additional costs incurred) to you if we are able to
secure an equivalent alternative booking for the Property.
Your Holiday Booking is a legally binding Contract and you should, therefore, protect yourself against events beyond your control that may lead to you needing to cancel or curtail your holiday.
At the time of Confirmation of your Booking, you become liable for the charges as set out below:
Number of days in advance of booking
that we require you to give us written
notice of cancellation:
56 days (8 weeks) or more
Less than 56 days
Cancellation charges as a percentage of the
total cost of the Contract of Hire for the Property
(excluding non-refundable deposit and insurance premium)
5. IF WE CANCEL OR AMEND YOUR BOOKING
We would not expect to have to make any changes to your booking, but sometimes problems occur and we do have to make alterations or, very occasionally, cancel bookings.
If this does happen, we will contact you as soon as is reasonably practicable and inform you of the cancellation or the change to your booking and, if it is necessary to cancel your booking, we will refund the balance of any money you have paid us. You agree that this will be the total liability due to you from us.
6. YOUR ACCOMMODATION
You can arrive at your accommodation after 16:00 hours on the Arrival Date of your holiday and you must leave by 10:00 hours on the Departure Date.
If your arrival will be delayed, you must contact the person, if any, whose details are given on our booking confirmation so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the Property. If you fail to arrive by midday on the day after the Arrival Date and you do not advise the contact of your anticipated late arrival we may treat the booking as having been cancelled by you.
7. YOUR OBLIGATIONS
You agree to comply with the Regulations set out in the Property Folder and any other regulations reasonably made from time to time and ensure that they are observed by all members of your party.
You agree to keep and leave the Property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean, in good condition, and in the locations in which you find them. You must also leave the Property in the same state of general order in which it was at the start of the holiday. In particular you must not allow pets on the furniture or carpets or anywhere upstairs or in the hot tub, and no food or drink, particularly those items which could stain, attract vermin or cause other damage should be taken upstairs. Any damage which has occurred by accident should be reported to us before you check out so that our cleaning contractors can swiftly address the issue. This is only considerate towards the next guests who would also like to enjoy the house at its best.
You are responsible for checking the Inventory for the Property at the start of your stay for any discrepancies which should then be reported immediately to us or our Agent. The Inventory is available on our website and forms part of the Contract. Any breakages or damage which occurs during your stay must be reported to us or our Agent during your stay or prior to your departure. A Security Deposit is payable before or on your arrival to us or our Agent as confirmed at the time of booking. This will be refunded to you within 28 days of the end of your stay less any costs for breakages, damage or excess cleaning.
You agree to read and comply with the rules and guidance for using the hot-tub, which is only available if booked in advance, for an extra fee. The use of this hot-tub is entirely at your own risk. You agree to take all necessary steps to safeguard and supervise your children and persons when using the hot-tub, to follow any instructions and guidelines for use given, and that any liability in respect of injury or damage or loss of property or persons is yours, save in the case of our negligence.
You agree not to cause any damage to the walls, doors, windows or other structure of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighboring properties. No noise should be audible outside of the boundaries of the Property between 11PM - 7AM. When using the hot tub at any time, you agree to be considerate of the neighbours by not playing loud music or allowing children or pets to make unnecessary noise.
You agree to take all necessary steps to safeguard and/or ensure your personal property. No liability to you is accepted in respect of damage to or loss of such property, except where the damage or loss is caused by our negligence. Our contents insurance does not cover guests’ belongings.
The person named on the booking form as the Hirer must be staying at the house throughout the booking. If you, the Hirer, do not turn up by midday of the day after the start of the booking, we reserve the right to refuse entry to the rest of the party, or ask them to leave, as our contract is with you, the Hirer, and you are responsible for the care of the property throughout the booking.
You cannot allow more people to stay in the Property than expressly authorised, nor can you change the makeup of the party during your stay in the Property without notifying us, nor can you take your pet into the Property unless it has been arranged in advance and it is shown on your confirmation. If you do so, we can refuse to hand over the Property to you, or can require you to leave it within 24 hours. We will treat any of these circumstances as a cancellation of the booking by you and there will be no refunds given.
You agree to allow us, or any representative of ours, access at any reasonable time during your stay for the purpose of maintenance or essential repairs, giving 24 hours notice of our access except in case of emergency.
8. DAMAGE TO PROPERTY
Damage caused through wear and tear will not normally be charged for, but we reserve the right to charge you (if you are careless) for extra cleaning where necessary, breakages, or careless damage, and we or our Agent may refuse future bookings from you at our sole discretion.
We or our Agent reserve the right to repossess the Property at any time where you or any member of your party has caused damage, or due to your or any member(s) of your party’s unreasonable behaviour. In this case, we will not be liable to make a refund of any remaining portion of the monies paid for the Contract of Hire or any supplementary costs.
If any maintenance issue arises during the period of your stay which requires our attention, you agree to contact us or our Agent within three days by email or immediately by phone or email in case of an emergency. If you do not contact us, you may be liable for the cost of repairing any damage occasioned by your neglect.
Well-behaved pets are welcome at our Properties, at an extra charge per week as specified on the Booking Form. You agree to bring your own pet bed(s) and feeding bowls. Pets must not be allowed on furniture, carpets or beds must be confined to the ground floor areas specified for each Property, and must not be left unattended in the Property. Gardens should be left free of pet excrement. Dogs must be kept under control at all times, whether in the garden of the Property or when out on walks. We are unable to accept any dogs currently listed on the Dangerous Dogs Act 1991. Other pets may be accommodated at our or our Agent’s sole discretion.
10. CANCELLATION INSURANCE
You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage), in place at the time of making the Booking, and you agree to provide us with these details. If you do not have comprehensive travel insurance, we can either arrange this for you at an extra charge, or you may arrange this yourself and confirm the details to us before your holiday starts.
Our insurance would protect you for all or part of your responsibility for the cost of your Contract of Hire of the Property if you cancel for one of the qualifying reasons set out. If you choose not to take our Cancellation insurance, it is a requirement of this Contract of Hire that you provide us with the details of your own insurance on the Booking Form, and we or our Agent may ask you for a copy of your insurance Policy details.
If you have to cancel your holiday booking you must inform us or our Agent immediately, in order to provide the opportunity to re-let the Property. If you have taken out Holiday Cancellation insurance through us you will need to contact the insurers directly for details of how to make a claim. Otherwise, you will need to contact your own insurance provider.
Cancellations made for other reasons not listed are not protected under this Cancellation insurance and you will remain liable for full payment unless we or our Agent are able to re-let all or part of the period booked, in which case there will be an administration fee of £50 per week for re-letting.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussion of constructive criticisms with us whilst you are in residence will usually enable shortcomings to be rectified straightaway, and helps us to constantly improve and upgrade our offering to you and other guests in future, so, for this reason, we welcome feedback of any kind. Complaints of a transient nature (for example, regarding preparation or heating of the Property) cannot be investigated and rectified properly unless notified whilst you are in residence.
If any complaint cannot be resolved during your holiday, you must write to us with full details within 28 days of the end of it. If we feel your complaint is justified, or your suggested improvements are useful to the future management of our holiday let, we or our Agent may make a partial or full refund of your payment for the Contract of Hire, or reward you with a voucher for a future discounted stay, or some similar reward, at our sole discretion.
12. LITERATURE AND DESCRIPTIONS
We take every care to ensure the accuracy of our Property descriptions. All information on our website and in our Brochure is given in good faith and is believed to be correct at the time of going to press, but we cannot be held responsible for changes beyond our control which may become known after publication. We do not take responsibility for any external links from our website.
We will endeavor to make good or repair any broken-down appliance within the property within 24 hours if reasonably practicable. However, we cannot accept liability for events outside our reasonable control, such as a breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, annoyance through local flora and fauna or damages resulting from exceptional weather conditions.
13. OUR LIABILITY
Our maximum liability for losses you suffer as a result of us acting in breach of these terms and conditions is strictly limited to the price you have paid for the Contract of Hire and to any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability, for which purposes we carry Public Liability Insurance of up to £10,000,000. A copy of our insurance policy is available on request.
Any dispute arising between you and us or our Agent, if not mutually resolved, shall be referred to a single arbitrator agreed, or in the default of such agreement, to the President for the time being of the Law Society or Institute of Arbitrators. In either case, such arbitration would be subject to the provisions of the Arbitration Act of 1996 or any statutory modification thereof for the time being in force. The cost of arbitration is to be borne equally between the two parties until or unless ruled otherwise by the arbitrator.
The Contract between you and us is governed by the law of England and Wales and we both agree that any dispute, matter or other issues which arises between us will be dealt with by the Courts of England and Wales.