Holidays in Croyde Full Terms and Conditions
1.1. Holidays in Croyde (“HIC”) act as agents and not principals to book holidays for guests (“Guests”) on behalf of the owners (“Owners”) of the holiday accommodation (“Holiday Accommodation”). The Guests contract to hire the Holiday Accommodation (“Contract”) is with the Owners and is not binding until payment of the deposit is made pursuant to clause 2.1 below and the booking is confirmed by HIC. Subject to clause 3, once the Contract is binding the Guest is liable to pay the entire sums due under the Contract.
1.2. All rights pertaining to the occupation of Holiday Accommodation and all reservations and contracts are accepted on the conditions set out herein. These conditions together with the specific terms set out in correspondence between HIC and the Guest identifying the hire price of the Holiday Accommodation, the persons staying in the Holiday Accommodation and the dates of occupation (“Specific Terms”), being the entire agreement between the parties and superseding all prior agreements.
1.3. The Contract can be terminated in accordance with the terms set out herein.
2.1. Subject to clause 1.1, the Contract becomes effective on payment of a deposit equal to 25% of the total cost of hiring the Holiday Accommodation (excluding Damage Deposit) as set out in the Specific Terms. The deposit is non-refundable.
2.2. Payment of the balance of the total cost of hiring the Holiday Accommodation together with any Damage Deposit (see clause 4.3) will be due no later than 4 weeks prior to arrival.
2.3. Failure to make any payments on time will result in termination of the Contract and time will be of the essence in relation to such payments. In such circumstances HIC reserves the right to claim the total cost of hiring the Holiday Accommodation if they are unable to re-let it for the relevant period.
2.4. Payments may be made through this website or over the telephone by debit or credit card. Credit card payments are subject to a 2.5% surcharge. There is no surcharge for debit cards. HIC reserves the right not to accept certain types of debit or credit card as per internal policy from time to time.
3. Cancellation, Amendment and Termination
3.1. Amendments to the Contract are permitted with the consent of HIC and the Guest. Any amendments requested by the Guest will be subject to an administration charge of £50.
3.2. HIC may terminate the Guests rights to occupy the Holiday Accommodation if the Guest (or any person staying at the Holiday Accommodation ):
3.2.1. causes of permits to be caused any damage of whatsoever nature to the Holiday Accommodation, neighbouring properties or any items on or in the Holiday Accommodation or neighbouring accommodation;
3.2.2. causes of permits to be caused any nuisance (whether by excessive noise or anti social behaviour of any nature (as determined by HIC) on or in the Holiday Accommodation or so that neighbouring properties suffer nuisance or interference (as determined by HIC);
3.2.3. permits any persons to use or stay overnight in the Holiday Accommodation otherwise that as set out in the Specific Terms;
3.2.4. permits the total number of persons under the age of 21 to exceed 50% of the total number of guests set out in the Specific Terms;
3.2.5. permits smoking anywhere in the Holiday Accommodation;
3.2.6. is (in the reasonable opinion of HIC) in breach of any law or relevant statutory rules or regulations;
3.2.7. fails to take reasonable care of the Holiday Accommodation or fails to report any damage or problems to HIC forthwith; or
3.2.8. is in breach of any of the terms herein;
in such circumstances the Holiday Accommodation will be immediately vacated and the Guest will have no right to re-enter. This will be without prejudice to the Owner / HIC’s rights under this contract or otherwise.
3.3. The Guest may not cancel the Contract without HIC consent. If the Guest purports to cancel the Contract it will be liable to pay the full amounts due under the Contract unless HIC are able to re-let the Holiday Accommodation for the relevant period. If HIC does re-let the Holiday Accommodation for the relevant period for less than the amount due under this Contract the Guest will be liable to pay any difference.
4.1. All damage and breakages are the responsibility of the Guest and should be notified to HIC before the end of your occupation of the Holiday Accommodation. The Guest will be liable for the cost of replacement of any breakages on a like for like basis (replacing with new items) on an indemnity basis.
4.2. If you discover any damage this must be reported to HIC on your arrival to your holiday. HIC reserve the right of entry to the Holiday Accommodation at any time to ensure there is no damage and these terms are being complied with.
4.3. HIC reserve the right to charge a damage deposit appropriate (in the opinion of HIC) to the booking. You will be notified of such requirement at least 2 weeks prior to your occupation, payment will be required prior to occupation. The damage deposit will be returned to you within 2 weeks after your vacation of the Holiday Accommodation unless there is any damage, which will be set off from the damage deposit. This does not limit your obligations to make good any damage over and above the damage deposit.
5. Use of Holiday Accommodation & Pets
5.1. The Contract permits occupation for holiday purposes only, in particular, does not constitute an assured short-hold tenancy.
5.2. The Holiday Accommodation may be occupied after 4pm (unless otherwise agreed by HIC) on the date of commencement of your holiday and must be vacated at 10am on the date of departure from your holiday. The Guest must ensure that on leaving the Holiday Accommodation:
5.2.1. the Holiday Accommodation and all chattels therein are left clean and tidy; and
5.2.2. all linen is stripped from beds and left in the bath or shower
5.3. Responsible pet owners are welcome and pets are permitted (save that prior written consent must be obtained for young puppies or unusual or exotic pets). It is a condition of occupation that:
5.3.1. no pet must be left unattended in the Holiday Accommodation;
5.3.2. the Guest must supply and the pet must use its own bedding / linen;
5.3.3. pets must not lie or sleep on furnishings or beds;
5.3.4. all pet hair/fur must be cleaned by the Guest;
5.3.5. pets are free from disease, fleas, parasites etc prior to and for the duration of the occupation of the Holiday Accommodation;
5.3.6. no pet fouls in the Holiday Accommodation or its grounds or any neighbouring properties; and
5.3.7. all damaged caused will be the responsibility of the Guest who will indemnify the Owner / HIC in respect thereof.
6. Complaints & Responsibilities
6.1. Whilst we take all efforts to give full and accurate descriptions of the properties we take no responsibility for any error or inaccuracy in the descriptions set out on the website or in any literature.
6.2. Any complaints must be made immediately so that we can deal with them promptly and efficiently. Our contact details are on our website.
7.1. This Agreement shall be governed by and construed in accordance with English Law. Each of the parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the courts of England.
7.2. This Contract is not assignable without the consent of HIC.
7.3. The parties to this Contract do not intend that any term should be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party hereto.
7.4. The Contract is made on the understanding that the Holiday Accommodation will be available for the dates stated. In the unlikely event that it is not available through events arising outside the control of the Owner/HIC (including, without limitation, damage or sale of the Holiday Accommodation) then the Owner HIC may be forced to cancel the Contract. The Guest will be advised as early as possible. Where possible, the Guest will be offered suitable alternative accommodation, which, if not acceptable, will entitle the Guest to a refund of all monies paid by the Guest pursuant to the Contract. The Guest will not as a result have any further claims against HIC or the Owner.
7.5. The liability of HIC and the Owner to the Guest or any other person will at all times be limited to the monies actually paid by the Guest to the Owner / HIC. The Owner / HIC accept no liability to the Guest or any other person for any damage or loss of whatsoever nature, in particular loss or damage to personal property. It should be noted that the Owner / HIC make not warranty as to the Holiday Accommodation and specifically exclude any responsibility for breakdown or damage to any part of the Holiday Accommodation and will not be liable for any loss resulting therefrom.
7.6. The use of the Holiday Accommodation is at the Guests risk, save that the Owner / HIC do not purport to exclude liability for personal injury beyond the extent permitted by law.