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Terms and Conditions

06/02/2013 by holidaysincroyde

HOLIDAYS IN CROYDE LIMITED
TERMS AND CONDITIONS

1. CONTRACT
1.1. Holidays in Croyde Limited (“HIC”) act as booking 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. PAYMENT
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) and confirmation being sent by HIC as set out in the Specific Terms.
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 8 weeks (or such other shorter period as set out in writing by HIC) 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. HIC reserves the right not to accept certain types of debit or credit card as per internal policy from time to time.
2.5. A booking fee of £35 will be applied on booking of any Holiday Accommodation.
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 £150.
3.2. HIC may terminate the Guests rights to occupy the Holiday Accommodation on notice (whether before or after occupation of 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 or has any pet or animal in the Holiday Accommodation other than 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 or is in breach of any of the specific terms of use relating to any Holiday Accommodation from time to time (including use of hot tubs, swimming pools etc) as provided to the Guests prior to occupation of the Holiday Accommodation;
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.
3.4. Deposits and booking fees are non-refundable.
3.5. The Guests are advised to take travel & holiday insurance to protect them from any liability to make payments or cover any costs.
4. DAMAGE
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. The Guests must leave the property clean. Any excess cleaning will be charged to the Guests. We accept no responsibility for any property left at the Holiday Accommodation. We may be able to arrange for return of any property if contacted within 24 hours of departure, this is discretionary and at your cost.
4.4. 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 by the Guests identified in the Specific Terms and must be vacated at 10am on the date of departure from your holiday. A later checkout (12 noon) may be possible but will only be agreed on the day prior to leaving, should this be agreed a late checkout fee of £50 will be due immediately. 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. HIC must be told at the time of booking that a pet will be part of the guests party and details of the pet must be provided. HIC reserves the right to withhold consent to the pet for any reason. If a pet is found on the Premises without consent or being notified in advance to HIC a deep cleaning fee of £500 may be applied by HIC.
5.3.2. no pet must be left unattended in the Holiday Accommodation;
5.3.3. the Guest must supply and the pet must use its own bedding / linen;
5.3.4. pets must not lie or sleep on furnishings or beds;
5.3.5. all pet hair/fur must be cleaned by the Guest;
5.3.6. pets are free from disease, fleas, parasites etc prior to and for the duration of the occupation of the Holiday Accommodation;
5.3.7. no pet fouls in the Holiday Accommodation or its grounds or any neighbouring properties;
5.3.8. all damaged caused will be the responsibility of the Guest who will indemnify the Owner / HIC in respect thereof;
5.3.9. any pet to attend the Holiday Accommodation is identified in the Specific Terms and all pets are kept under control at all times.
5.4. All Guests (whether or not they have pets) should note that most of our Holiday Accommodation (unless stated) allows pets. As such any Guests with severe allergies should contact HIC prior to booking and no warranty is provided as to the absence of allergens in any Holiday Accommodation.
5.5. Guests must comply with the “House Rules” set out by each owner. By the nature of the varied types of accommodation on offer, and their location, these rules change on a property by property basis. Generally these rules provide that any hot tub, swimming pool, BBQ, fire or similar must be used strictly in accordance with the terms set out in the relevant Holiday Accommodation and all safety guidelines provided in the relevant Holiday Accommodation must be complied with in full there will also be rules to protect neighbours from nuisance (restricting parties etc). Any breach of this clause will (at the sole discretion of HIC) result in cancellation of the right to occupy the Holiday Accommodation.
5.6. Smoking or use of drugs or other restricted or illegal substances is not permitted on any Holiday Accommodation. A charge of £500 will be raised for a deep clean if smoking occurs in the Premises.
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. The liability of HIC and the Owner is limited as set out in this agreement.
7. GENERAL
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 written 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 or HIC may be forced to cancel the Contract. The Guest will be advised as early as possible. The Guest will be offered suitable alternative accommodation or new dates. HIC may choose to offer a refund of monies paid by the Guest. The Guest will not as a result have any further claims against HIC or the Owner.
7.5. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Otherwise, 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. Neither the Owner nor HIC will be liable for any harm to any pet or the escape of any pet.
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.
7.7. Neither HIC nor the Owner accept responsibility for errors contained on our website or other medium, or of any miss-description. You acknowledge that differences may arise between the photographs, illustrations, tariff and descriptions of a particular property as described on the leaflet/website and the actual property.
7.8. We take your privacy very seriously. Please read our Privacy Policy on our website to see how we use your personal information, including the information you submit about yourself. By submitting your personal information to us, you agree to our use of that information in the ways described in our Privacy Policy, including sharing your information with Owners. You should know we use a feature called a ‘cookie’. By agreeing to these terms, you are providing your consent for us to use cookies in the ways described in our Cookie Policy, however, you may delete any of these cookies at any time if you wish.
7.9. If HIC or the Owner is prevented or delayed from complying with any obligations under these terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond HIC or an Owner’s reasonable control, the inability or delay in performing those obligations will not be treated as a breach of the terms of these Booking Conditions. Examples of such events or circumstances include fire, flood and other acts of God, public health issues or other epidemic or pandemics, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.