For self-catering accommodation

In these Booking Terms and Conditions:-

 

a] “we”, “us”, “our” and the “Organisation” means HolidayInDorset.

b] the “Owner” means the person/persons who own the holiday home [“the Property”].

c] the “holidaymaker”, “you”, and “your” means the person making the booking and all members of the holiday rental party who have been accepted by the Organisation on behalf of the Owner.

 

The Organisation is responsible for the administration of your booking and does so solely on behalf of and as agent for the Owner.

 

These Booking Terms and Conditions set out the basis of your contract with the Owner. They also deal with the Organisation’s position.  When you book a property through the Organisation you enter into a contract with the Owner of that Property.  The contract of hire is not effective until the Organisation dispatch the Holiday Confirmation Form to the holidaymaker.

 

Nothing in these Booking Terms and Conditions affects your normal statutory rights.

 

1. HOLIDAY CONFIRMATION AND PAYMENT

 

1.1 Provisional bookings may be made by telephone or e-mail and a formal booking form is sent by the Organisation to the holidaymaker with the request that it is completed and returned together with an agreed deposit within seven days of the form being sent to the holidaymaker.

1.2 When the Organisation has received the booking form and deposit, the Organisation will issue a Holiday Confirmation Form to the holidaymaker and a binding contract will exist between the holidaymaker and the Owner subject to these terms and conditions.

1.3 The balance payment as detailed in the Booking Conformation Form must be received by the Organisation within 8 weeks of the commencement of the holiday period.  On receipt of the balance payment a Final Arrangements Form will be sent to the holidaymaker confirming key codes and any other final arrangements.

1.4 All offers and bookings are subject to availability. The holidaymaker must be at least 18 years of age at the time of booking. The holidaymaker must be authorised to make the booking on the basis of these Booking Terms and Conditions by all other members of the rental party. By making the booking, the holidaymaker confirms that he/she is so authorised and that all other party members agree that the booking is subject to these Booking Terms and Conditions. The holidaymaker is responsible for making all payments due to the Organisation. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner or the Organisation for any expenses, costs, losses, claims or other sums of any description that relate to any business, howsoever suffered or incurred by you.

1.5 Where the Organisation has not received the balance of the holiday cost by the due date (i.e., eight weeks before the start of the holiday) an overdue reminder letter will be issued to the holidaymaker.  If the balance is not received within ten days the Organisation on behalf of the Owner reserve the right to cancel the holiday booking and to keep the deposit paid by the holidaymaker and the holidaymaker shall have no claim against the Owner or the Organisation for compensation or reimbursement whatsoever.

1.6 A damage deposit fee of £100.00 shall be payable with the balance of the holiday cost and such fee shall be fully refundable fifteen days [or the cheque destroyed] after the holiday ends provided that there is no damage caused to the Property and no extra cleaning is required.  If any works are required to the Property then the Organisation reserve the right to use the damage deposit fee to cover all damages and/or extra cleaning.  This damage deposit fee does not limit the Owner in any way from making a subsequent claim against the holidaymaker for excessive damage by the holidaymaker through the English legal system.

1.7 For Properties booked less than 8 weeks before your arrival date, payment must be paid for in full by bank transfer, at the time of booking.

1.8 The prices of unsold holiday periods may be increased or decreased and corrections made to errors in advertised prices at any time before your arrangements are confirmed. The price of your chosen arrangements will be confirmed at the time of booking. As changes and errors occasionally occur, the holidaymaker must check all details of your chosen holiday (including the price) at the time of booking.

1.9 Should the VAT rates increase, or any additional taxes or levies be introduced that affect the price of your holiday, the holidaymaker 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.

1.10 Occasionally, offers are made giving the holidaymaker the chance to book the Property at a special rate. Details of any additional terms specific to the offer will be notified to you prior to or on making your booking and should be read in conjunction with these Booking Terms and Conditions

1.11 If any payment due in relation to your booking is not paid by the appropriate date, the Organisation on behalf of the Owner is entitled to assume that you wish to cancel your booking. In this case, the Organisation on behalf of the Owner will be entitled to keep all deposits paid or due at that date.  The Organisation normally sends out a reminder to you before your booking is cancelled. If the Organisation does not cancel immediately because you have promised to make payment, you must pay an additional late charge of £50.

 

2. COMMUNICATION WITH YOU

 

2.1 In order to process your booking the Organisation needs to collect and store on their computers certain personal details from you, for example names and addresses of party members, payment details, special requirements such as those relating to any disability or medical condition which may affect any holidaymaker’s holiday arrangements.  The Organisation is the sole data controller of all personal details provided to the Organisation by customers and prospective customers.

2.2 The Organisation may need to pass on your personal details to the companies and organisations who need to know them so that your holiday services can be provided [for example the Owner, any key holder(s) of the Property, other suppliers or agents].

2.3 The Organisation also needs to process and store your personal details for their own administration, market analyses and operational reviews. The Organisation would also like to store and use your personal details for future marketing purposes (for example, sending you brochures, emails or details of promotions and offers which the Organisation feels may be of interest to you). All details you give to the Organisation at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless the holidaymaker informs the organization when you provide the information.

2.4 The companies, organisations and third parties to whom the Organisation discloses customer details may contact any members of your party by post, e-mail, telephone, including automated dialling equipment, fax, and/or pre-recorded messages for the purposes set out in this Section. If you do not wish to receive any or all of the communications set out in this Section, then please let the Organisation know as soon as possible by telephone, letter, e-mail or fax. The Organisation is entitled to assume that you do not object to being communicated with unless you have indicated otherwise either at the time you gave your details to the Organisation or subsequently.

 

3. CANCELLATION BY THE HOLIDAYMAKER

 

3.1 The holidaymaker must notify the Organisation immediately and in writing of any intention to cancel the holiday.  The cancellation only takes effect when the Organisation has received written confirmation from the holidaymaker.

3.2 If the Organisation on behalf of the Owner is unable to re-let the holiday property for the period of the cancelled holiday all monies paid by the holidaymaker shall be forfeited to the Organisation on behalf of the Owner, whilst any monies owing by the holidaymaker shall be payable.

3.3 If the holiday accommodation is re-let whatever monies are received by the Organisation on behalf of the Owner for the re-let holiday, less an administration fee of £50.00, shall be paid to the original holidaymaker within two weeks after the re-let holiday has taken place.  If the Property is re-let at a reduced price the original holidaymaker will only receive the reduced amount less the administration fee.

3.4 The Organisation does not offer holiday cancellation insurance and it is advised that all holidaymakers take independent advice on an appropriate holiday insurance policy.

 

4. CANCELLATION OR CHANGES BY THE OWNER

 

4.1 In the unlikely event of the Owner being unable to let the Property for the specified period, the Organisation on behalf of the Owner shall use their reasonable endeavours to arrange alternative accommodation of an equivalent type and standard in a similar location.  If this is not acceptable to the holidaymaker then the holidaymaker may require payment by the Organisation on behalf of the Owner of all monies paid which shall be forthwith refunded.  The Organisation does not accept any liability other than the repayment of monies, which have previously been paid to them.

4.2 “Force Majeure”.  Except where otherwise expressly stated in these Booking Terms and Conditions, the Owner and the Organisation 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 Organisation to perform or properly or promptly 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 Organisation (referred to as “force majeure” in these Conditions). By way of example, force majeure includes fire, flood, exceptional weather conditions, epidemics, destruction or damage of the Property by any cause (other than negligence of the Owner or the Organisation) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure due to force majeure) the Organisation on behalf of the Owner will, however, refund to you all monies paid to the Organisation 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 Organisation to you.

 

5. LITERATURE AND WEBSITE ACCURACY

 

5.1 Whilst to the best of the Organisation’s knowledge the details described in the Property literature and/or website are correct at the time of publishing the Owner reserves the right to make alterations to the Property at any time and the Organisation will endeavour to inform the holidaymaker of any such alterations.

5.2 Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, the Organisation or the Owner will tell the holidaymaker as soon as reasonably practical after the Organisation or Owner becomes aware of the situation.  If a facility or service within the Property becomes unavailable, the Organisation or Owner will make all reasonable effort to correct the situation in a reasonable time.  The Organisation, or Owner or the Owner’s representative or any workmen called in by the Organisation/Owner, reserve the right to enter the Property for the sole reason of remedying the problem during usual working hours.  Permission of the holidaymaker will usually be sort but the Organisation/Owner reserves the right to proceed to effect the maintenance, repair or replacement of the said service without the holidaymaker’s permission if necessary.

5.3 The Organisation makes all 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 to you or as at the date published. As the Organisation acts only as agent for the Owner the Organisation cannot accept responsibility for any inaccurate, incomplete or misleading information about the Property or its facilities and/or services except in the case of the negligence of the Organisation. The Organisation will, however, use its best endeavours to notify you of any changes to or inaccuracies in any information contained in a brochure/website or otherwise provided to you as soon as reasonably practical after the Organisation becomes aware of the change or inaccuracy.

5.4 The Organisation or the Owner cannot accept responsibility for any changes or closures to local area amenities or attractions mentioned in the website or literature.

 

6. OBLIGATIONS OF THE HOLIDAYMAKER

 

The holidaymaker confirms and agrees as follows: -

 

6.1 The holidaymaker will ensure that the Property is securely locked and alarm set [where applicable] when not occupied during the holiday let.

6.2 To use the Property solely for the purpose of a holiday by the holidaymaker and his or her party.

6.3 Limit the number of occupants to the number stipulated in the website or in the Property details and the party to the list of people detailed on the booking form.  The Organisation on behalf of the Owner reserves the right to refuse admittance to the Property where this condition is not observed.

6.4 Show due consideration to other parties.  If the holidaymaker abuses the Property or displays dangerous, offensive behaviour to the Owner or the Organisation or any third parties e.g. neighbours then the Organisation and the Owner have the right to ask the holidaymaker to leave the Property before the end of the holiday period.

6.5 If for any reason the holiday shall be terminated by the Organisation and/or the Owner, then the holidaymaker shall have no claim against the Owner for compensation or reimbursement whatsoever.

6.6 Keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the holiday and to ensure that at the end of the holiday the Property is left in the state and cleanliness in which it was found.  The Organisation on behalf of the Owner reserve the right to levy an additional charge for extra cleaning required after the holidaymaker’s occupancy.

6.7 Report as soon as possible to the Organisation any breakages or damage caused by the holidaymaker during the holiday.  The Organisation reserves the right to make a claim against the holidaymaker for repair and costs as a result of such damage.

6.8 Where pets are permitted they shall not be left unattended and shall not be allowed on the furniture and must sleep on bedding provided by the holidaymaker.  The holidaymaker shall be liable for any damage caused by pets.  The Organisation gives no warranty that the garden is secure for a pet or pets.

6.9 Where the Property is designated non-smoking then the holidaymaker and his or her party shall refrain from smoking in the Property.  If the holidaymaker does smoke in the garden or grounds [where permitted], it is the responsibility of the holidaymaker to dispose of all cigarettes, cigar ends or matches in a safe environment and not to leave the same in the garden or grounds of the Property.  Any extra clearance/cleaning required by the result of non-removal will result in a claim against the holidaymaker.

6.10 The holidaymaker must at all times be responsible for and aware of all fire hazards in the Property, garden or grounds of the Property.  Any hazards must be dealt with promptly and any hazards reported to the Organisation or owner as soon as possible.  Fire assessments and fire safety precautions are checked annually by the Organisation and Owner and all remedial action taken.

 

7. ARRIVALS AND DEPARTURES

 

7.1 You can arrive at the Property at any time after 3.00pm (unless advised otherwise, for example on your Holiday Confirmation Form) on the start date of your holiday rental period and you must leave by 10.00am on the last day of your holiday rental period.

7.2 The keys to the Property will be in a key box on the wall near the front door.  The code for the key box and alarm [if applicable] will be sent to the holidaymaker in the Final Arrangements Form.  Where key boxes are not available, the Owner will arrange to meet you or leave the keys elsewhere and you will be informed about this in the Holiday Confirmation Form.

7.3 If the holidaymaker has requested items from the Organisation’s Food and Gifts Order Form, these will be delivered to the Property during the first evening of the holiday period where possible.  The Organisation or the Owner will inform the holidaymaker as soon as possible if deliveries have to be altered.

7.4 You are required to vacate the Property by 10.00 am on the final day of your holiday period and leave the Property in a clean and tidy condition, similar to the conditions in which you found the Property on your arrival.

7.5 Please leave a comment in the Visitor Book and please make a note any breakages, leaving a small payment as listed in the Help folder.

7.6 On departure please the alarm [where relevant], securely lock the Property, return the keys to the key box and ensure the key box is locked.

 

8. COMPLAINTS

 

8.1 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 Organisation 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 resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the Owner is promptly notified. Discussion of any complaints with the Owner or his/her representative whilst you are in residence will usually enable shortcomings to be rectified immediately. 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.

8.2 If you cannot make contact with the Owner or his/her representative, or if you remain unhappy with their response, you should immediately telephone the Organisation on the number shown on your Booking Confirmation Form.

8.3 If, after this, you feel that the problem has not been resolved to your satisfaction, then the holidaymaker must, within 7 days of the final day of the holiday rental, put the complaint in writing to the Organisation. This will then be passed to the Owner. Please send your letter by recorded delivery to the Organisation’s Office at 32 Dunkeld Road, Bournemouth BH3 7EW, marked for the attention of the Customer Relations Department. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. Please help the Owner and the Organisation 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. As the Organisation acts only as an agent for the Owner, the Organisation cannot accept any liability for your property. Any assistance provided in resolving a complaint in relation to your booking is provided on a goodwill basis and in our capacity as agent only.

8.4 Any outstanding dispute shall be settled in accordance with English law.

 

9. IN GENERAL

 

9.1 The Organisation or the Owner cannot guarantee the security of any vehicles or personal possessions left at the Property or in the garden or driveway of the Property from any cause whatsoever.

9.2 The Owner and the Organisation shall have no liability for any death or personal injury unless, in the case of the Organisation, this results from the negligence of the Organisation or its employees (providing they were at the time acting in the course of their 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).

9.3 For claims that do not involve death or personal injury, if the Organisation is found liable, the maximum amount the Organisation will have to pay is twice the price (excluding taxes and amendment charges) paid by or on behalf of the person(s) affected.  Additionally, the Organisation cannot accept liability for any business losses.