Reservations of all holiday accommodation whether made by telephone, email, in person, in writing or from the internet are accepted by Cottages South West Ltd, hereinafter referred to as CSW, on the following conditions. CSW is a family owned limited company (company number 07741832 ).
1. CONTRACT OF HIRE
CSW act only as Agents for owners,and are not Principals in the matter and so the hiring contract will be between you the Hirer and the Owner of the property for which the booking is made and shall be deemed to be made subject to these Conditions of Hire. The Contract of Hire is governed by English law and jurisdiction and is not effective until CSW dispatch to the Hirer written confirmation of the holiday booking. The contract is for the hire of the property for holiday purposes only. We do not accept bookings from Hirers under 18 years of age.
2. INITIAL PAYMENT
Bookings will be reserved upon receipt by CSW of the required deposit payment of one third of the total holiday cost, comprising cottage rental, booking fee and any additional charges – e.g. pets. If the booking is made within six weeks of the holiday commencement date, the full accommodation rental will be required at the time of booking. Deposits can be paid by debit card or credit card, BACS transfer or cheque. In the case of web bookings, these can be paid online through our secure payment system.
3. BALANCE PAYMENT
The Balance of the Hire will be due for payment six weeks before the holiday commencement date. On receipt of the Balance Payment, advice on key collection arrangements and directions to the property will be sent to the Hirer. The Owner/CSW reserves the right to cancel a holiday where full payment has not been received more than 14 days after the due date. The deposit paid on the booking is non-returnable.
4. METHOD OF PAYMENT
Cheques should be made payable to Cottages South West Ltd with Booking Reference written on the back. There is no charge for Debit or Credit Card payments.
5. CONFIRMATION OF BOOKING
Once CSW has issued a Confirmation of Booking, the Hirer is responsible for the total published price of the holiday let and extras as shown on the confirmation. Amendments to bookings, where applicable, will be subject to an administration fee of £50. CSW reserve the right to adjust prices quoted in the brochure, on our website or on details to properties, due to errors or omissions.
6. BOOKING CANCELLATION
If you are forced to cancel your holiday you must inform CSW as soon as possible. The day we receive your notice to cancel is the date on which we will cancel your booking with the owner. Depending on your reason for cancellation, you may, at our sole discretion, receive a refund of all money you have paid to us for your booking less the booking fee (if applicable), any credit-card charges, and a handling charge of £60. See Cancellation/Curtailment Policy for details of circumstances where we would normally make such a refund. In all other cases, you will remain liable for full payment unless we are able to re-let all or part of the period booked, in which case CSW will consider a refund, less the booking fee (if applicable), any credit-card charges, and a handling charge of £90. See Cancellation/Curtailment Policy for full details.
7. BOOKING FEE
CSW charges a booking fee of £26.
Many of our cottages will accept pets and these are clearly marked in the brochure or on the website property page. More details are given in the property description. Bookings that include pets are taken on the understanding that all flea and worming treatments are up to date. Please remember that they should not be left unattended in properties and that some homeowners insist on pets remaining downstairs and off furniture at all times. You, as pet owner, will be responsible for removing any evidence left by your pet and reimbursing the owner for any damage caused. Please show consideration for guests visiting after you have gone home and bear in mind that some popular beaches do not permit dogs during the summer months.A charge of £25 per pet per week or short break will be made.
Customers with allergies should be aware that we cannot guarantee that an assistance dog has not stayed in a chosen property recently (even one that doesn’t allow pets as standard) or that the property owner does not have a dog or cat that sometimes occupies the property. We cannot accept responsibility for any suffering which may occur as a result of such animals having been present. Further, although all of our properties are cleaned between lets and regularly ‘deep cleaned’, we cannot guarantee that properties will be completely free from pet hair.
The use of accommodation and amenities, where offered, such as swimming pools, hot tubs, rowing boats, beach huts etc, is entirely at the users’ risk and no responsibility can be accepted for injury, or loss or damage to users’ or visitors’ belongings. However, CSW do not seek to exclude or limit legal liability for the negligence of their servants or agents.
Further, the Owner/CSW will not be liable to you, any member of your party or person visiting the property during the period of your hire of it for happenings outside its reasonable control, such as breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstance. You also accept that CSW in acting as agent for the owner will not be liable for any negligence on the part of the Owner resulting in loss, injury or accident.
10. PARTY NUMBERS/COMPOSITION
In no circumstances may more than the maximum numbers of persons, as stated in the brochure/website, occupy a property. The Owner/CSW reserve the right to refuse admittance if this condition is not observed. No refunds will be given if admittance has been refused for this reason. Further, where properties specify a minimum age limit for customers, in no circumstances may any persons under the specified age limit, as stated in the brochure/website, occupy a property. The Owner/CSW reserve the right to refuse admittance if this condition is not observed. No refunds will be given if admittance has been refused for this reason. The person who completes the booking, i.e. the lead name, certifies that he or she is authorised to agree to the Booking Conditions on behalf of all members of the party, including any changes. The lead name must be over 18 years and a member of the party occupying the property. The lead name agrees to take responsibility for all members of the party. The Owner/CSW reserve the right to refuse or revoke any bookings from parties that may in their opinion (and at their sole discretion) be unsuitable for the property concerned.
11. YOUR RESPONSIBILITIES
For the whole of the period included within your booking, you will be responsible for the property and will be expected to take all reasonable care of it. The property and all equipment and utensils must be left clean and tidy at the end of the hire period. If a property is not left clean and tidy, any additional cleaning costs will be charged to the hirer. Should there be any specific health or mobility difficulties which may affect a party member; this must be pointed out at the initial reservation stage so that the suitability of the property can be assessed. The property must be vacated by 10.00 am on the day of departure, along with any parking provision.
All damages and breakages are the legal responsibility of the Hirer and should be reported immediately and before the end of the holiday. The reasonable costs of miscellaneous repairs to and/or replacement of and/or additional cleaning of furnishings, kitchen equipment, crockery, glass, keys, bedding and towels damaged or soiled otherwise than by usual wear and tear during the period of Hire by you or other members of your party shall be payable to CSW who may also, at their discretion, refuse further bookings.. The Owner/CSW has the right to enter the property (without prior notice if this is not practical or possible) if special circumstances or emergencies arise (for example if repairs need to be carried out). The Owner/CSW reserves the right to repossess the Holiday Home at any time where you or any member of your party has caused damage, and in such circumstances the Owner/CSW shall not be liable to make a refund of any remaining portion of the hire terms paid.
13. ACCIDENTAL DAMAGE DEPOSIT
The Accidental Damage Deposit is due with the balance of your holiday, it will be cashed by CSW to be applied against the reasonable costs of miscellaneous repairs to and/or replacement of and/or additional cleaning of furnishings, kitchen equipment, crockery, glass, keys, bedding and towels damaged or soiled otherwise than by usual wear and tear during the period of Hire by you or other members of your party. The balance of the Accidental Damage Deposit will be returned to you within 28 working days of the departure date. Where such costs exceed the Accidental Damage Deposit you will pay such excess to the Owner within 14 days of being notified.
The Owner/CSW take every care to ensure the accuracy of the property descriptions. All information in this brochure and on the CSW website is given in good faith and is believed to be correct at the time of going to press, but the Owner/CSW cannot be held responsible for changes beyond their control, which may become known after publication of this literature. In addition, whilst properties may be described as non-smoking or no pets, this cannot be guaranteed. Please be aware that if a property is advertised as having an enclosed garden, this does not necessarily mean a secure garden. It may be enclosed by hedging or open style fencing. The Owner/CSW’s description of a cottage shows what amenities that property has but generally does not state what is not in the self-catering property.
The Hiring Contract is made on the understanding that the holiday home and its facilities as published will be available for the dates stated. In the unlikely event that a property is not available through events arising outside the control of the Owner/CSW then the Owner/CSW may be forced to cancel the booking and you will be advised as early as possible. Where possible, you will be offered suitable alternative accommodation, which, if not acceptable, will entitle you to a refund of all monies due. You will not as a result have any further claims against CSW or the owner. Please note that reservation requests taken via our website are not confirmed bookings until we have contacted you and accepted a deposit.
16. COMPLAINT PROCEDURE
If the Hirer wishes to make a complaint about anything connected with its hire of the property it should contact CSW as soon as reasonably possible prior to departure. In the event the Hirer does not have phone reception at the location where they are staying, the Hirer must make reasonable efforts to make a call from a nearby public telephone, send us an email or visit our office.
CSW will then either pass the complaint on to the Owner of the property to deal with or it may consider the complaint and take action to resolve this itself as soon as reasonably practicable. Please note, as per clause 1 above, the contract of hire is between the Hirer and the Owner of the property and whilst CSW may act on a goodwill basis as arbiters between the Hirer and the Owner to resolve any dispute it cannot be held liable if one or both parties are dissatisfied with the outcome.
In no circumstances can compensation be made for any complaints that are made after the hire has ended, or where the Hirer has denied CSW or the Owners of the property the opportunity to address the issue during the Hirer’s stay.
Neither CSW or the Owners of the property accept responsibility for work taking place outside the boundary of the property, or for noise or nuisance resulting from third party activity over which CSW or the Owners of the property have no control.
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
18. DATA PROTECTION
At all times your data will be held securely and protected in line with CSW’s obligations under UK data protection legislation. Your party names and contact details will only be shared with the Owner in order to allow the Owner to manage your holiday and give you the best possible experience.
If you request that we pass on supplementary information that you wish to provide to the Owner, for any reason, then we will do so. CSW will securely hold that information on your behalf as part of your booking record unless you ask us to delete it. Any such information is provided at your sole request and discretion, and CSW bears no responsibility for its accuracy or contents.
In the event of any dispute between parties it shall be referred to the jurisdiction of the English courts only and any actions shall be heard in the court for the area in which the property is situated. Any contract between the parties shall be governed by English law and jurisdiction. Any disputes arising between you and the Owner/DHH, 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. All parties will contribute equally to the cost of Arbitration.
These Booking Conditions supersede any previous issues.