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Please read the following Terms and Conditions |
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Booking Conditions for Dacre Garth Holiday Accommodation All bookings are made as a contract with the Owner of Dacre Garth the term ‘us’, ‘we’ within this document refers to the Owners of Dacre Garth. Nothing in these Conditions affects your normal statutory rights.
1. Your booking
All offers and bookings are subject to availability. The party leader must be at least 18 years of age at the time of booking. Your booking is made as a consumer and you agree that no liability can be accepted by the Owner for any expenses, costs, losses, claims or other sums of any description which relate to any business, howsoever suffered or incurred by you. When the Owner issues a written confirmation to you, this signifies that the Owner has entered into a contract with you, which is subject to these Conditions. The Owner has the right to refuse any booking prior to the issue of your written confirmation, and if the Owner does this, the Owner will tell you in writing and promptly refund all money you have paid. When you receive your confirmation, the details must be checked carefully. If anything is not correct, you should notify the Owner immediately.
2. Paying for your property
When you book your property you should pay the amount then due by sending a cheque to the Owner. Bookings via e-mail or telephone will be held for 7 calendar days until receipt of deposit or balance as detailed below. Providing the booking can be confirmed, the Owner will then send your written confirmation to you as soon as reasonably possible showing your booking details and the balance of your total holiday cost which must be received by the Owner no later than 6 weeks before your arrival date at the property. However, if you book less than 6 weeks before your arrival date, payment of your total holiday cost is due straightaway. All prices quoted are inclusive of VAT (at 17.5%) and include utility charges (and initial firewood supply). Note: All prices are for the entire property and not on an individual basis.
3. Cancellations or changes to your booking by the Owner
The Owner does not expect to have to make any changes to your booking once confirmed, but occasionally problems occur and bookings have to be changed or cancelled. If this does happen, the Owner will contact the party leader as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change. If a significant change has to be made or your booking has to be cancelled, the Owner will offer you a full refund of all monies paid (including deposit). No other property will be offered. If changes offered by the Owner are acceptable then balances of payments may arise; these changes will be notified to you as part of the offer and additional payment or rebates may be necessary. So as to keep any period of uncertainty to a minimum, the Owner will, whenever possible, communicate with you by telephone in the case of a significant change or cancellation and you are required to do the same. The party leader should tell the Owner as soon as reasonably possible whether you wish to accept any change, or alternatively whether you want a refund. In the unlikely event that the party leader fails to tell the Owner that you wish to accept any change the Owner is entitled to assume you wish to cancel your booking and receive a full refund of all monies paid to the Owner (Inc deposit). Where your booking is significantly changed or cancelled, you will also be offered compensation if and as appropriate. A minimum compensation of £20 per booking will usually be paid. However, compensation will not be payable where any change or cancellation results from "force majeure" (please refer to Section 4 below). Please note, no compensation is payable for minor changes. A minor change is a change which, taking into account the information you gave at the time of booking or which we can reasonably be expected to know, we could not reasonably expect to have a significant effect on your confirmed booking.
4. Circumstances beyond the control of the Owner (Force Majeure)
Except where otherwise expressly stated in these Conditions, the Owner shall not be liable, for any changes, cancellations, effect on your holiday, loss or damage suffered by you or for any failure by the Owner to perform or properly perform any of their respective obligations to you which is due to any event(s) or circumstance(s) beyond the reasonable control of the Owner (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) and all similar situations. In appropriate cases (for example where your booking has to be cancelled before departure) the Owner will, however, refund to you all monies paid 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 the Owner.
5. Website/brochure details
The Owner aims to ensure that information is accurately conveyed in the website/brochure and other promotional literature or material produced. However, the information and prices in this website/brochure/other material may have changed by the time you come to book. Whilst every effort is made to ensure the accuracy of the website/brochure/other material and prices at the time of printing, changes and errors occasionally occur. You must therefore ensure you check all details of your chosen property and arrangements (including the price) with the Owner at the time of booking. There may be small differences between the actual property and its description, as we are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable or subject to restriction. If this happens, the Owner will tell the party leader as soon as reasonably practical. The Owner cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the website/brochure.
6. Liability
The Owner shall have no liability for any death or personal injury unless 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). You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner in respect of damage to, or loss of, such personal property except where the damage or loss is caused by the negligence of the Owner or that of any employee of the Owner (providing they were at the time acting in the course of their employment). Please also refer to Section 4 (Force Majeure) above.
7. If you change or cancel your booking
Changes
Cancellations If you have to, or wish to, cancel your booking, the party leader must telephone the Owner on the number shown on your booking confirmation as soon as possible. The party leader must also immediately confirm your cancellation in writing sent by recorded delivery to the Owner at the address shown on the booking confirmation. The day the Owner receives your telephone notification of cancellation is the date on which your booking is cancelled. A cancellation charge will be payable, based on the number of days before the arrival date at your property that the Owner receives notification of your cancellation, as shown in the following table. This means that if you have paid the balance of your total holiday cost and then have to, or wish to, cancel, you may receive a refund of part of such cost. However, if you have not paid your total holiday cost including, where purchased, the premiums for any extra services and provisions, by the time of your cancellation, you may be required to make a further payment by way of cancellation charge. For the purpose of this table, cost means the total cost of the booking, including any extra items. If any payment due in relation to your booking is not paid by the appropriate date, the Owner is entitled to assume that you wish to cancel your booking. In this case, the Owner will be entitled to keep all deposits paid or due at that date. The Owner normally sends out a reminder to you before your booking is cancelled. If the Owner does not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause above depending on the date the Owner reasonably treats your booking as cancelled. We regret we are unable to offer any insurance to cover cancellation or curtailment on your part; we do recommend that you take out your own travel insurance that covers such eventualities and unforeseen circumstances.
Number of days before arrival date that notification of cancellation is received Cancellation Charge
More than 42 days Full Deposit 29-42 days 50% of cost or Full Deposit whichever is the greater 15-28 days 75% of cost 1-14 days 90% of cost On arrival date or later Total cost 8. The Property
You can arrive at your property after 4pm on the start date of your holiday rental and you must leave by 11.00am on the last day. If your arrival will be delayed beyond 9.00pm on the start date of your holiday rental, you must contact the owner or property managers so that alternative arrangements can be made. If you fail to do so, you may not be able to gain access to the property. If you fail to arrive by 12 noon on the day after the start date of your holiday rental and you do not advise the owner or property managers (whose details are given on the booking confirmation) of your late arrival, your booking may be treated as having been cancelled by you. No refund of any monies paid by you will be made in this situation.
You and all members of your holiday rental party agree both to keep the property clean and tidy and to leave the property in a similar condition as you found it upon your arrival. You and all members of your holiday rental party further agree not to use the property for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by the Owner. You are responsible to the Owner for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your holiday rental party, and the Owner can require payment from you to cover any such costs. The Owner is entitled with sole and absolute discretion to refuse to hand over to you, or to repossess, the property (which includes the fixtures, fittings, furnishings and decorations) if the Owner reasonably believes that any damage is likely to be caused, has been caused or is being caused by you or any members or your holiday rental party. These circumstances will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and the Owner will have no liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation). In this situation, the Owner is under no obligation to find any alternative accommodation for you. You must not allow more people than the website/brochure states to occupy the property (unless on express written permission from the owner), neither can you significantly change the composition of the holiday rental party during your occupation of the property, nor can you take your pet into the property or smoke tobacco within the property. If you do any of these things, the Owner can refuse to hand over the property to you, or can repossess it. If the Owner does so, this will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made; the Owner will have no liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/ accommodation). In this situation the Owner is under no obligation to find any alternative accommodation for you. Registered guide and hearing dogs belonging to those with visual and hearing impairments are allowed in the property upon express, written, permission of the Owner. Customers with allergies should be aware that we cannot guarantee that a registered guide and/or hearing dog has not stayed in their chosen property nor can we accept any liability for any suffering which may occur as a result of such animals having been present. You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations the Owner is entitled to enter the property at any time without giving you prior notice).
9. Complaints
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If, however, you have any cause for complaint we 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. If, after this, you feel that the problem has not been resolved to your satisfaction, then you must, within 30 days of returning from your holiday rental, put your complaint in writing to the Owner. If you fail to do so, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.
10. Communicating With You / Data Protection
For the purposes of the Data Protection Act 1998, the Owner is the sole data controller of all personal data provided to the Owner by customers and prospective customers. In order to process your booking the Owner needs to collect certain personal details from you for example names and addresses of party members, payment details and special requirements. The Owner needs to pass on your personal details to the companies and organizations who need to know them so that your holiday rental can be provided (for example the property managers and key holder).
The Owner would like to use your personal details for future marketing purposes specifically related to sending you further details of Dacre Garth (for example, sending you brochures, or details of promotions and offers which the Owner feels may be of interest to you). If you do not wish to receive any or all of the communications set out in this clause please let the Owner know as soon as possible by telephone, letter or e-mail. Except where expressly permitted by the Data Protection Act 1998, the Owner will only deal with the personal details you give as set out above unless you agree otherwise; no details will be shared with or sold to external companies.
11. Law
The contract between you and the Owner is subject to English law and no other. It is agreed that any dispute you may have with the Owner will be dealt with by the Courts of England and Wales only unless you live in Scotland or Northern Ireland in which case proceedings may be brought in the Courts of those countries.
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