BOOKING
TERMS AND CONDITIONS
Definitions:
Cotter Craig Collins Ltd (“the Owner”)
Bradmoor Cottage (“the Property”)
………………………….
(“You”, “Your”)
Person making the booking (“Party Leader”)
When you book Bradmoor Cottage you are entering into a contract
with Cotter Craig Collins Ltd (the “Owner”). References
to (“You”) and (“Your” )mean the person
making the booking (“The Party Leader”) and all members
of the holiday rental party who have been accepted by the Owner.
These conditions set out the basis of your contract with the Owner.
Nothing in these Conditions affects your normal statutory rights.
1. Making your booking
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 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
Owner issues a written confirmation to you, this signifies that
the Owner has entered into a contract with you which is subject
to these Conditions. The Owner has the right to refuse any booking
prior to the issue of written confirmation and if the Owner does
this it will inform you in writing and promptly refund any money
you have paid it. When you receive your written confirmation of
booking the details must be checked carefully . If anything is
not correct you should inform the Owner immediately.
2. Paying for the cottage
When you book Bradmoor Cottage you should pay the amount then
due by cheque or bank transfer, in addition you must send the
Owner a completed booking form giving full details of all members
of the party. Providing the booking can be confirmed the Owner
will then send your written confirmation that the booking has
been accepted within seven working days. This confirmation will
list your booking details and the balance of your holiday cost
which must be received by the Owner no later than 8 weeks before
your arrival date. The date this payment is due and the Owner’s
bank account details will be clearly given in your confirmation
letter and it is your responsibility to ensure that payment is
made on time. Failure to do so will result in the booking being
cancelled.
However if you book less than eight weeks before the arrival
date payment for the total holiday cost is due immediately. If
you book less than two weeks (ten working days) before your arrival
date the booking must be paid in full by bank transfer at the
time of booking.
In addition you will be required to make a £100
breakage deposit when the booking is confirmed. Following inspection
of the cottage after your rental this will be returned by the
Owner providing there have not been any breakages during your
tenancy
The Standard booking deposit is 50% of the cost of your holiday.
3. Cancellations or changes to your booking
by the Owner
The Owner does not expect to have to make any changes to your
booking but very occasionally problems occur and bookings have
to be changed or cancelled. In the unlikely event of this happening
the Owner 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) as soon as is reasonably
practical, explain what has happened and inform you of the cancellation
or change. If you are unwilling or unable to accept any change
to your booking you will receive a full refund of all monies paid
to the Owner up to that date. In order to keep any period of uncertainty
to a minimum the Ownner will, wherever reasonably possible communicate
with you by telephone in the case of a significant change or cancellation
and you are required to do the same. The party leader should tell
the owner as soon as reasonably possible whether you wish to accept
any change or alternatively whether you want a refund as soon
as possible after the party leader being informed of the change
or cancellation. In the unlikely even that the party leader fails
to tell the Owner that you wish to accept any change the Owner
is entitled to assume that you wish to cancel your booking and
receive a full refund of all monies paid to the Owner. For the
avoidance of doubt 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 (Force Majeure)
Except where otherwise expressly stated in these Conditions,
the Owner shall not be liable for any changes, cancellations,
effect on your holiday, loss or damage suffered by you or for
any failure by the Owner 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 Owner
(referred to as “force majeure” in these Conditions).
By way of example force majeure includes fire, flood, exceptional
weather conditions, epidemics, civil or military unrest, declaration
of war or heightened terrorist threat, destruction or damage of
the property by any cause other than the negligence of the Owner
and all similar situations. In appropriate cases (for example
where your booking has to be cancelled before departure) the Owner
will, however, refund to you all monies paid by you for your booking.
No compensation, expenses, costs or other sums of any description
will be payable in such circumstances by the Owner to you.
5. Web Site Details
There may be small differences between the property as described
on the website and shown in photographs as the Owner is constantly
working on it to improve both it and the facilities provided.
If you have any specific questions relating to the property that
will affect your enjoyment you should ask the Owner at the time
of booking.
The Owner cannot accept responsibility for any changes or closures
to area amenities or attractions mentioned in the web site or
advertised elsewhere.
6. Liability
The Owner shall have no liability for any death or personal injury
unless 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 both members of your party and your personal
property. No liability is accepted by the Owner in respect of
damage to, or loss of, such personal property except 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).
7. If You change or cancel Your booking
(i) Changes
If you want to change your booking once confirmation has been
issued, an administration charge of £50 will be payable
to the Owner once any change has been notified to them. However
it is important to realise that a change in the dates may have
to be treated as the cancellation of one booking and the making
of another. In such cases cancellation charges may be incurred
which may be as much as the total cost of your holiday booking.
The Owner will advise the Party Leader if this is the case when
the change is requested. The Party Leader must then inform the
Owner as soon as reasonably possible as to whether you still wish
to change your booking. If you advise the Owner that you do or
the Party Leader fails to contact the Owner as soon as reasonably
possible your booking will be treated as having been cancelled
by you. So to keep any period of uncertainty to a minimum, the
Owner will, wherever reasonably possible, communicate with you
by telephone and you are required to do the same.
(ii) Cancellations
If you have to, or wish to, cancel your booking, the Party Leader
must telephone the Owner 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
Owner at the address shown on the booking confirmation. The day
the Owner receives your telephone notice of cancellation is the
date on which your booking is cancelled. Note: all prices are
for the entire property and not on an individual basis. If you
have arranged your own holiday cancellation insurance you can
apply to the insurers for a full refund of the cost of the holiday
according to their terms and conditions. All paperwork relating
to your claim must be copied to the Owner and the Owner kept informed
of the progress of any claim. Without insurance the full cost
of the cancelled holiday remains payable to the Owner. The cancellation
charge payable depends on the number of days’ notice prior
to your arrival date given to the Owner.
Notice period Amount Payable
More than 56 days The full amount of the deposit
as outlined in your booking confirmation
29 - 56 days 60% of cost, 15 - 28 days 75%
of cost, 1 - 14 days 90% of cost
On arrival date or later Total cost
If any payment due in relation to your booking is not paid by
the appropriate date the Owner is entitled to consider your booking
as cancelled by you. Cancellation charges as set out above (which
can be as high as your total holiday cost) will then be payable.
The Owner normally sends out a reminder to you before your booking
is cancelled.
The property
You can arrive at the property after 4.00pm on the start date
of your holiday rental and you must leave by 10.00am on the last
day. If your arrival will be delayed beyond 8.00pm on the start
date of your holiday rental you must contact the person whose
details are given on the location guide so that alternative arrangements
can be made. If you fail to do so you may fail to gain access
to the property. If you fail to arrive by 12 noon on the day after
the start date of your holiday rental and you do not advise the
person whose details are given on the location guide of your late
arrival your booking may be treated as having been cancelled by
you. No refund of any monies paid by you will be made in this
situation. You and all members of your party agree both to leave
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 Owner. You are responsible
to the Owner 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 the Owner can require payment
from you to cover any such costs. The Owner (or its Agent) is
entitled at its 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 caused 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 the Owner 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). You must not allow more than six people
plus a baby (infant under two years old) to occupy Bradmoor Cottage,
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 agreed and
arranged in advance and is shown on your confirmation. If you
do any of these things, the Owner (or its Agent) can refuse to
hand over the property to you or can repossess it. If this situation
arises it 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 Owner will have no liability to you as a result of
this situation arising (including for example and costs or expenses
you incur due to not being able to occupy the property, such as
your incurring the cost of securing alternative property/accommodation).
In this situation the Owner is under no obligation to find any
alternative accommodation for you. If you take a pet with you
(only if agreed in writing by the owner before the commencement
of your holiday, it is not allowed on any soft furnishings or
in any of the upstairs rooms. Pets should not be left unattended
in the property, and dogs should be kept under control at all
times. Registered Guide,Hearing and Dogs for the Disabled are
welcome and normal restrictions do not apply, however we would
ask that they do not sit on any furniture in the sitting room.
People with allergies should be aware that we cannot guarantee
that a Registered Guide, Hearing or Dog for the Disabled has not
recently stayed at Bradmoor Cottage, 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 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 or its representative is entitled to enter the property
at any time without giving you prior notice).
A small unfenced stream borders the property and if there
are any children in the party they must be supervised by a responsible
person at all times while outside and at no time be left alone.
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 is anxious that remedial action is taken as soon as
possible. It is essential that you contact the Owner or its representative
immediately if any problem arises so that it can be speedily resolved.
It is often extremely difficult (and sometimes impossible) to
resolve any difficulties properly unless the Owner is promptly
notified.
Discussion of any criticisms with the Owner or its representative
whilst you are in residence will 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, 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, put your complaint in writing to the Owner.
Send your letter by recorded delivery to the Owner’s Registered
Address. This procedure is designed to ensure the speediest possible
investigation and rectification of complaints. Please help the
Owner to help you by following this procedure. If you fail to
do so it 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 Cotter Craig
Collins Ltd (“CCC”) is the sole data controller of
all personal data provided to CCC by customers and prospective
customers. In order to process your booking CCC 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, payment details and special
requirements such as those relating to any disability or medical
condition. If CCC needs any other personal details, CCC will tell
you before CCC requests or obtains them from you. CCC may also
store and use your personal details for future marketing purposes.
All details you give to CCC at any time (including those relating
to any disability or medical condition or your religious beliefs)
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. Except where
expressly permitted by the Data Protection Act 1998 CCC will only
deal with the personal details you give to CCC as set out above
unless you agree otherwise. CCC has appropriate security measures
in place to protect this information . You are generally entitled
to ask CCC (by letter, fax or e-mail) what details of yours are
being held or processed, for what purpose and to whom they may
have been disclosed. CCC areentitled under the Data Protection
Act 1998 to charge a fee for responding to such a request. CCC
undertake to respond to your request within 40 days of receiving
this in writing and payment and encashment of the appropriate
fee (if required by CCC). In certain circumstances CCC are entitled
to refuse your request.
11. Law
The contract between you and the Owner is subject to English
law, and is formed in London, England. It is agreed that any dispute
you may have with the Owner 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.
12. Rights
Your statutory rights are not affected by anything contained
in these Conditions
13. Web Site
This web site is published by Cotter Craig Collins Ltd in January
2004 and is valid from 1st January 2004 to 31st December 2004
and supersedes all previous web sites produced by Cotter Craig
Collins Ltd.Cotter Craig Collins is a limited company registered
in England and Wales whose Registered Office is at 5 Ropewalk
Mews, Middleton Road, London E8 4LR