Terms & Conditions
PLEASE READ THIS CAREFULLY.
WHEN YOU MAKE A RESERVATION REQUEST WITH US (WHETHER BY INTERNET, EMAIL, TELEPHONE OR POST), THESE CONDITIONS ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU.
- DEFINITIONS
- "Additional Fees" means any fees payable by the Holidaymaker other than the Rental Charge and Booking Fee, including (but not limited to) card handling fees, insurance costs, heating supplements, pet charges and any additional cleaning / linen charges.
- "Booking" means the reservation of the Property by the Holidaymaker.
- "Booking Conditions" means these terms and conditions.
- "Company" means Eastbourne SC and the owners of the Property.
- "Deposit" means:
- 30% of the Rental Charge; or
- if the holiday is due to commence within six weeks of the date of a Reservation Request, 100% of the Rental Charge
- "Holidaymaker" means the person or persons making the Booking.
- "Holiday Confirmation" means the confirmation of the Booking issued by the Company to the Holidaymaker (by email and/or post) once the Initial Payment has been processed.
- "Initial Payment" means the payment of the Booking Fee, the Deposit and any applicable Additional Fees.
- "Property" means the accommodation for which a Booking is made.
- "Rental Charge" means the total rental charge payable in respect of the Booking.
- "Reservation Request" means a request to make a Booking in the form of a completed holiday booking form (whether submitted via the post, email, website or otherwise) or a telephone booking.
- "Short Break" means a holiday for a duration of less than seven nights.
- Once the Initial Payment has been made and a Holiday Confirmation has been issued, a legally binding contract shall exist between the Holidaymaker the Company pursuant to which the Company will make the Property available for the period set out in the Booking.
- The contract shall be subject to these Booking Conditions and any other special conditions made known to the Holidaymaker at the time of the Booking.
- BOOKINGS AND PAYMENT
- Following receipt of a Reservation Request the company shall check the availability of the Property. If the Property is available for the Holiday, the Company will reserve the Property for an initial period of four (4) days.
- Within four (4) days of the reservation of the Property in accordance with clause 3.1, the Holidaymaker must make the Initial Payment to the company. Unless payment is received within these four (4) days, the reservation will be cancelled.
- Upon receipt of the Initial Payment, the Company will issue a Holiday Confirmation to complete the Booking.
- The balance of the Rental Charge (if any) must be paid by the Holidaymaker no later than six (6) weeks prior to the commencement of the holiday.
- Where the Company has not received the balance by the due date, an overdue reminder letter will be issued to the Holidaymaker and a charge of £10 will be added to the balance due. If the balance is not received within four (4) days of that reminder, the Company reserves the right to treat the Booking as cancelled by the Holidaymaker and clause 5 shall apply and the Holidaymaker shall have no claim against the Company for compensation or reimbursement whatsoever.
- The prices stated on the company website and in the brochure are cash prices in pounds sterling. The Company incurs charges from credit card companies when the Holidaymaker pays by credit card, and therefore a £6 charge will be made for each credit card transaction. Any charges raised against the Company by its bank for handling dishonoured cheques, bank transfers or any other payments, must be reimbursed by the Holidaymaker to the Company within seven (7) days of the Company's request to do so.
- All payments will be converted to pounds sterling.
- The Company reserves the right to correct any error in advertised and/or confirmed prices.
- SECURITY DEPOSIT
- A security deposit of £100 will be added to the total holiday invoice payable at the time of balance. This will be fully refunded after departure, subject to any deduction for breakages, loss and/or damage and/or if the unit is left in an unacceptable condition. Liability is not limited to £100 in the event of loss/damage in excess of this figure and if in the unlikely event higher charges are applicable the Company would seek further payment from the credit/debit card supplied at the time of booking or require supplementary payment by cheque or credit card.
- A surcharge will not be levied within fourteen (14) days of the commencement of the holiday.
- BOOKING DETAILS
- Immediately upon receipt of the Holiday Confirmation from the Company, the Holidaymaker should check the details and notify the Company of any mistakes/errors made as soon as possible and in any event within seven (7) days; no changes can be made to the Booking after this time. The Company reserves the right to charge a holiday booking amendment fee to administer/correct any error by the Holidaymaker.
- CANCELLATION BY THE HOLIDAYMAKER
- The Holidaymaker should notify the Company immediately in writing if he/she wishes to cancel the Booking. The cancellation only takes effect when the Company has received written confirmation from the Holidaymaker. If the Booking is cancelled after the balance of the Rental Charge becomes payable, such balance shall remain payable notwithstanding cancellation.
- No refunds will be given on the cancellation of a Booking by the Holidaymaker. The Holidaymaker should consider whether insurance cover is desirable.
- OTHER CANCELLATIONS
- In the event of the Company being unable to arrange the holiday accommodation requested by the Holidaymaker, or if the Property becomes unavailable for whatever reason, the Company will endeavour to arrange alternative accommodation for the Holidaymaker of an equivalent type and standard in a similar location.
- If the Holidaymaker has paid any money in respect of a Property and that Property subsequently becomes unavailable, the Company shall use its reasonable endeavours to obtain a refund from the Property Owner to the Holidaymaker of all monies paid by the Holidaymaker.
- The Company is not liable for any costs associated with alternative accommodation, which must be paid by the Holidaymaker.
- Save as set out above, the Company shall have no liability for the cancellation or alteration of a Booking.
- ACCURACY
- To the best of the companies knowledge the details relating to any Property described within the company web site or in any Company brochure were correct at the time of printing.
- Upon becoming aware of any material inaccuracies in any published description of the Property or material changes to the Property, the Company shall endeavour to correct them in future publications and inform the Holidaymaker. The Company may, in its sole and absolute discretion, offer the Holidaymaker the option to treat the change as a Cancellation Event and clause 6 shall apply accordingly.
- The Company cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the brochure.
- INSURANCE
- When the Holidaymaker makes a Booking the Company will offer holiday insurance cover. This insurance is arranged through a company authorised and regulated by the Financial Services Authority. The insurance page of the companies website contains more details of the insurance cover provided and a sample policy. If the Holidaymaker requires insurance to be arranged by the Company, the insurance premium must be paid at the time of order. To minimise the financial risks associated with going on holiday it is strongly recommended that the Holidaymaker arranges travel insurance that matches their needs when booking the holiday
- RESPONSIBILITIES OF THE HOLIDAYMAKER
- During the period of the holiday, the Holidaymaker (personally and on behalf of all other people visiting the Property) undertakes (for the benefit of the Property Owner and the Company) as follows:
- that the number of people occupying the Property will not exceed the number stated on the Holiday Confirmation;
- that the Property will be used solely for the purpose of a holiday by the Holidaymaker and his party;
- to show due consideration for other parties (to include, but not be limited to, refraining from abuses of the Property and/or dangerous, offensive or rude behaviour to the Property Owner, his representative or any third parties such as neighbours);
- to allow the Property Owner or his representative access to the Property at any reasonable time during the period of the holiday;
- to 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 same state of order and cleanliness in which it was found. The Company reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker's occupancy and for any consequential loss;
- to report as soon as possible to the Company (or representative) any breakages or damage caused by the Holidaymaker during the holiday and to reimburse the Company with the cost of replacement. The Company reserves the right to make a claim against the Holidaymaker for repair or loss as a result of damage caused;
- to arrive after 3 p.m. on the arrival day and to vacate the Company by 10 a.m. on the day of departure unless prior arrangement has been agreed with the Property Owner and/or the Holiday Confirmation states otherwise;
- not (without the express permission of the Property Owner) allow any person other than guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property; and
- to notify all other members of the Holidaymaker's party of these undertakings.
- In the event of a breach of any of the undertakings set out, the Property Owner (or his representative) can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the Holiday. In either case the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
- PETS
- Pets are only allowed at Properties that are advertised as allowing a pet/pets. If a Holidaymaker takes a pet to a Property that does not allow them, or exceeds the stated number/size of pet, the Company (or representative) can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
- The Holidaymaker is liable for all damage caused by his/her pets. The Holidaymaker should remove all traces (inside and out) from the Property of pet occupation before final departure. The Company reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker's occupancy. The Holidaymaker must not allow pets on beds or furniture within the Property and pets must not be left alone in the Property at any time. If the Holidaymaker breaches this clause the Company (or representative) may notify the Holidaymaker of the breach and if the Holidaymaker continues to breach this clause the Company (or representative) may make the Holidaymaker leave the Property before the end of the Holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
- LIABILITY
- The Holidaymaker's (and all other members of the Holidaymaker's party's) personal belongings and vehicles (together with their contents) are left at the Property entirely at their own risk.
- The Company shall accept no liability to the Holidaymaker for any loss, damage or injury howsoever caused to the Holidaymaker or to the Holidaymaker's personal property (or to persons in the Holidaymaker's party or their personal property) during their stay at the Property except to the extent such loss, damage or injury is caused by the negligence or wilful default of the Company.
- No representative, Company or sales person (whether employed by the Company or not):
- has authority to vary, amend or waive any of these Booking Conditions and no amendment or addition to any of these Booking Conditions shall be deemed to have been accepted unless accepted in writing by the Company and/or
- has authority to make any verbal representations or provide additional information over and above information contained in the Company brochure and website. The Company cannot accept responsibility and give no warranty in respect of information or representations not contained in these Booking Conditions, the Company brochure and/or website.
- COMMUNICATION AND INFORMATION
- For the purpose of the Data Protection Act 1998, all personal and other information and details collected by the Company in the course of its business, belong to the Company and will not be disclosed to any third party except in connection with a Booking.
- If the Holidaymaker or other individual wishes to be removed from the Company marketing lists, they should contact the Company by phone on 0844 0880 7500 or by email at info@eastbourne-selfcatering.co.uk.
- Telephone calls between the Company and the Holidaymaker may be monitored or recorded for training and quality control purposes.
- COMPLAINTS
- In the unlikely event the Holidaymaker may have cause for dissatisfaction, the Holidaymaker should contact the Company (or representative) as soon as possible. The Company takes complaints from Holidaymakers seriously and resolves them if at all possible.
- This clause is without prejudice to any cause of action the Holidaymaker may have against the Company.
- FORCE MAJEURE
- No liability can be accepted and no compensation will be paid by the Company, where the Holidaymaker or his personal property (and/or any person in the Holidaymaker's party and/or their personal property) suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Company are prevented or affected, by any event which the Company or the Property Owner could not have reasonably foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions closure of international borders, disease, none availability of transport services, interruption to services/utilities and all similar events outside the control of the Company.
- LAW AND JURISDICTION
- All contractual obligations arising out of these conditions shall be subject to English Law and the exclusive jurisdiction of the English Courts.
February 20th 2010
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