Booking Conditions

1 DEFINITIONS
In these Conditions:
1.1 'the Agency' means Coast & Country Cottages of Hannaford's Landing, Island Street, Salcombe,
Devon, TQ8 8FE and 3 Market Street, Dartmouth, Devon, TQ6 9QE;
1.2 'the Owner' means the owner of the Property;
1.3 'the Property' means the Owner's property as described in the Brochure.
1.4 'you' means the person booking a holiday in accordance with these Conditions;
1.5 'the Commencement Date' means the date of the commencement of the Holiday Period as confirmed by the Agency;
1.6 'the Departure Date' means the date of the end of the Holiday Period as confirmed by the Agency;
1.8 'the Deposit' means one-third of the Holiday Rental;
1.9 'the Holiday Period' means the period from 3.00pm on the Commencement Date until 10.00am on the Departure Date unless otherwise stated in the Brochure or agreed by the Agency;
1.10 'the 'Holiday Rental' means the total rental due and payable for the Holiday Period, and exclusive of security deposit and other extras;
1.11 'notice in writing' means notice by post or by email to the Address given to confirm the booking. A notice given in accordance with these Conditions is deemed to be both given andreceived: if it is posted: on the 2nd (or, when sent by airmail, 5th) business day after the date of posting; if transmitted by email: on the date and at the time shown on the delivery receipt retained by the Sender.

2 THE PARTIES
The Agency act as Booking Agency for the Owners of the Properties shown in the brochure. As soon as you book a Property through the Agency you enter into a contract with the Owner of that Property subject to these Conditions (which also explain and regulate the Agency's role). The Agency are not Principals.

3 NATURE OF THE AGREEMENT
A licence under these Conditions is granted by the Owner to you for the purpose of a holiday and is not intended to create the relationship of landlord and tenant between the parties. You shall not be entitled to a tenancy, or to an assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when the Holiday Period ends.

4 USE
The licence under these Conditions is personal to you. You must not use the Property except for the purpose of a holiday during the Holiday Period, and not for a longer period. If you or any members of your party fails to vacate after the Holiday Period, the Owner shall be entitled, apart from other remedies to charge you a fee proportionate to the Holiday Rental for the continued period of occupation.

5 DISABILITIES
5.1 The Agency recognise their responsibility under the Disability Discrimination Act 1995 not to discriminate against disabled people in any way and to encourage owners to take reasonable steps to improve accessibility to Properties offered for holidays.
5.2 Access Statements are available for some of the properties in the brochure with detailed accessibility information. Many of the Properties in the brochure, particularly older cottages, and/or the location/topography may be unsuitable for people with mobility difficulties and the Agency try to make this clear in the property description. It is your responsibility to state on the Holiday Booking Form the nature of a disability of any member of your party. If the Agency considers that a Property
may be unsuitable for a disabled person, they will advise you before the booking is confirmed.
5.3 Subject to the accommodation being suitable, registered assistance dogs will be accepted free of charge in Properties where dogs are allowed.

5.4 Allergies: if you suffer from an allergy of any description you must inform the Agency when booking your holiday. Neither the Owner nor the Agency can guarantee that the Property booked by you will be free from any substance which may cause an allergic reaction and in particular that a dog or cat has not stayed in the Property at some time in the past. Neither the Owner nor the Agency will be liable for any symptoms you or any member of your party may suffer as a result of an allergic reaction.

6 PETS
6.1 No animal, bird or reptile is permitted in the Property except where the Property description allows you to have a dog or cat at the Property, and under no circumstances should the number of such pets be exceeded.
6.2 A fee of £20 per dog or cat is payable in respect of each week or part week of occupation.
6.3 No pet is allowed on furniture or in a bedroom (and the Owner reserves the right to introduce additional local restrictions at their Property)
6.4 Pets must not be left alone at the Property at any time.
6.5 You are responsible for removing as much pet hair as possible from the Property on the Departure Date. Additional cleaning charges required to remove excess pet hairs will be charged to you.
6.6 You must be aware that even though a Property does not accept pets, it cannot be guaranteed that the Property has not had animals there in the past.

7 RIGHT TO OCCUPY
The Owner permits you and your party (but no more than the number of people stated in the Brochure) to occupy the Property for the Holiday Period for the Holiday Rental, payment of which is required in advance, together with use of the furnishings, kitchen equipment, crockery, glasses, etc. Bed linen and towels are supplied in many Properties, but you are advised to check the Property details when booking. The use of a Property for the purposes of a hen/stag party is not permitted unless otherwise agreed by the Owner or Agency.

8 BOOKING AND PAYMENT
A booking is only accepted by the Agency on the official holiday Booking Form, via their website or by telephone. All bookings must be accompanied by the Deposit, the Booking Fee and fees for extras (where applicable), or, if the booking is made later than 42 days before the Commencement Date the total Holiday Rental together with the Booking fee and fees for extras (where applicable). The Agency will then confirm the booking by notice in writing, whereupon (if the total fees have not already
been paid) you are liable for the total Holiday Rental, which must be paid at least 42 days before the Commencement Date without further demand.

9 PROPERTY DESCIiPTION
The Agency work closely with the Owners to ensure that all Properties within the Brochure are fairly and accurately described prior to going to press. Occasionally an Owner will make changes to the set up of their Property after publication, for which the Agency cannot be held responsible. However, if the Agency believe this will have an effect on your holiday, every effort will be made to pass on any relevant information to you. All changes from the Brochure description are noted on the individual
website property pages as soon as they are made known to the Agency, and a separate sheet of all amendments is available on request. Should any further information be required on a particular Property, please call the relevant office and the Agency will endeavour to find out all they can for you.

10 YOUR OBLIGATIONS
10.1 You must:
10.1.1 allow the Owner or the Agency by its authorised representatives to enter the Property to inspect the state of it and to carry out necessary works of maintenance or repair, at all reasonable times upon 24 hours' prior notice in writing, or in the event of emergency at any time without notice, causing as little inconvenience to you as reasonably practicable and making good any damage caused to the Property and your property;
10.1.2 keep the Property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage caused by you during the Holiday Period;
10.1.3 not cause any damage to the walls, doors or windows of the Property;
10.1.4 not do anything that may reasonably be considered to cause a nuisance or annoyance to the Owner or to any other occupier of adjoining or neighbouring premises;
10.1.5 not do or permit any act that would make any insurance policy on the Property void or voidable or increase the premium; and,
10.1.6 comply with any rules or regulations applicable to the Property booked, full details of which will be made available to you and any other regulations reasonably made from time to time after prior consultation with you and notified to you from time to time during the Holiday Period and ensure that they are observed by all members of your family or party.
10.2 The Owner reserves the right to repossess the Property if excessive damage has been caused by
you or a member of your party.

11 SECURITY DEPOSITS
Where indicated on the Property Details, a security deposit is payable at the same time and in addition to the payment of the Holiday Rental. The security deposit will be held by the Agency to cover any losses, damage and/or additional cleaning charges if the Property is left in an unsatisfactory condition. This security deposit will be refunded within 14 days of departure subject to deductions necessary by reason of your or any member of your party's breach of your obligations in clause 10 above.

12 HOLIDAY CANCELLATION INSURANCE
As part of your booking the Agency has included holiday cancellation insurance through Sabre Insurance Services. Full details of the policy, showing terms, conditions and exclusions can be seen below the Booking Conditions.

 

13 COMPLAINTS
13.1 If you have complaint in respect of a Property you must immediately report it to the Agency to ensure sufficient time is allowed to investigate and/or take the necessary remedial action. No compensation will be offered if you deny the Agency or Owner the opportunity to rectify matters during the Holiday Period.
13.2 Neither the Owner nor the Agency accepts responsibility for work taking place outside the boundary of a Property, nor for noise or nuisance resulting from third party activity over which the Owner or the Agency has no control or prior knowledge. The Agency strongly recommends that anyone with such concerns avoid town/village centre Properties, as noise disturbance is more likely in such locations.

14 PROPERTY UNAVAILABLE BEFORE HOLIDAY PERIOD
In the event that a Property becomes unavailable for reasons beyond the control of the Agency (e.g. fire, flood, sale etc) the Agency will make every effort to find a suitable alternative Property for the Holiday Period, but otherwise the Holiday Rental and any and other sums paid by you will be refunded. You will have no other claim against the Owner or the Agency.

15 EARLY TERMINATION
Your contract may be determined before the end of the Holiday Period by the Agency giving you notice only in the event of you being in material breach of the terms of these Conditions or by reason of fire or some other catastrophic event of the type covered in a comprehensive insurance policy. In the case of determination otherwise than by reason of your default the Agency shall return to you the appropriate proportion of the Holiday Rental attributable to the then unexpired remainder of the Holiday Period.

 

16 LIABILITY
16.1 Neither the Owner nor the Agency shall be liable for any death or personal injury unless this results from an act neglect or breach of statutory duty by the Owner or the Agency or any of their employees (providing they were at the time acting in the course of their employment).
16.2 You must take all necessary steps to safeguard your personal property. No liability is accepted by the Owner or the Agency in respect of damage to, or loss of, such personal property except where the damage or loss is caused by any act neglect or breach of statutory duty by the Owner or the Agency or that of any of their employees (providing they were at the time acting in the course of their employment). As the Agency acts only as agent for the Owner, the Agency cannot accept any liability for any act neglect or breach of statutory duty by the Owner or anyone representing, or employed by, the Owner.
16.3 Limitation Of Liability. Except in respect of death or personal injury, if the Owner or the Agency is found liable to you on any basis, the maximum amount the Owner or the Agency will have to pay you is the amount of the Holiday Rental. Neither the Owner nor the Agency shall be liable to you by reason of any representation (unless fraudulent), or any implied warranty,
condition or other term, or any duty at common law, or under the express terms of contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Owner or the Agency, their servants or agents or otherwise) which arise out of or in connection with these Conditions.
16.4 Every effort is made to ensure all items of equipment described and supplied by Owners are in good working order; however no guarantee is given or liability accepted if breakdowns occur before or during a holiday. Whilst the Agency and/or Owner will endeavour to organise repairs or replacements as quickly as possible, delays inevitably do occur, particularly during the main season.
16.5 Nothing in these Conditions affects any liability for death or personal injury caused by the Owner's or the Agency's negligence or for fraudulent misrepresentation, or your statutory rights as a consumer.

17 DATA PROTECTION
17.1 The Agency and the Owner will only use any personal information provided by you for the purpose of making available and managing the Property, or for informing you of the availability of similar services, unless you otherwise agree.
17.2 You can correct any information or ask for information about you to be deleted, by giving written notice to the Agency, at the address, fax number or email address shown in the brochure or on the Agency's website.

18 APPLICABLE LAW AND JURISDICTION
These Conditions shall be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English courts.

19 CLAUSE HEADINGS
Clause Headings are inserted for convenience and are to be ignored for the purposes of construction.

 

HOLIDAY CANCELLATION INSURANCE

 

MASTER POLICY NUMBER: ITPSA40013

Insurance is there to provide protection from the financial risks associated with going on holiday.

 

We understand that illness, death or accident can cause cancellations, all of which we can do very little about. As part of your booking the Agency has included holiday cancellation insurance under master policy numbers ITPSA40013 specially arranged through Sabre Insurance Services and insured by Union Reiseversicherung AG. Cover is provided for each insured-group who have rented accommodation from Coast and Country Cottages. 

 

This policy is for residents of the United Kingdom and the Channel Islands only for bookings made between 1st October 2009 and 30th September 2010 with travel before 30th December 2011. If a holiday is cancelled our policy is such that we pay the owner of the property in full, subject to the property not being subsequently re-let. Under our Booking Conditions, the full charges are payable once your booking has been confirmed. 

 

The insurance will entitle Coast and Country Cottages to claim a full refund of both the deposit and balance (if paid) if you are forced to cancel as a result of one or more of the reasons covered within the Policy. It is important to note that Coast & Country Cottages are the policy holders and therefore may need the cooperation of you the insured-group when making a claim, see claims section below. 

 

Summary of cover 

 

Section A 

 

For each insured-group this insurance will pay up to a maximum of £5000 to cover the cost of the accommodation that the insured-group have paid or agreed to pay and cannot recover from any other source: 

 

Cancellation due to inability to commence travel due to:  

 

(i) The death, injury or illness of: 

A member of the insured-group.

A close relative who lives in the United Kingdom or the Channel Islands.

A close business associate who lives in the United Kingdom or the Channel Islands.

 

(ii) A member of the insured-group being required in the United Kingdom or the Channel Islands for jury service or as a witness in a Court of Law.  

(iii) A member of the insured-group being given notice of redundancy.  

(iv) A member of the insured-group having their agreed leave cancelled by the requirements of H. M. Forces*.  

(v) An inability to reach the pre-booked trip accommodation where all reasonable steps have been taken due to:  

Adverse weather conditions making the journey exceptionally hazardous or impossible.

Road closure where no alternative routes are open.

The directions of the local Police.

 

For each insured-group this insurance will not cover:  

 

Any claim where you have not provided a written statement at the time of the cancellation confirming the necessity to cancel the trip. 

The first £40 of any loss, charge or expense made on each claim under this section.

Any payment or part payment made using frequent flyer vouchers, Air Miles vouchers or other vouchers that have no financial face value.

Any payment where you have not suffered any financial loss.

Any claim that is due to:

The withdrawal of previously approved leave by your employer unless it is due to the death or serious illness of a close business associate.

The operation of law or as a result of an unlawful act or criminal proceedings against anyone included in the booking.

The failure of any transport or accommodation provider, their agent or anybody who is acting as their agent.

The cancellation of the trip by the accommodation provider.  

The failure of the accommodation provider.  

The cancellation of any conference or business trip onto which the trip was to be an add-on.  

Financial circumstances or unemployment except when it is due to redundancy received after booking the accommodation.  

A member of the insured group disinclination to travel.  

A member of the insured group suicide, self-injury or any willful act of self exposure to peril (except where it is to save human life).  

Death or illness of any pets or animals.  

Terrorism, riot, civil commotion, strike or lock-out.  

Cancellation due to the fear of an epidemic or pandemic.  

Cancellation through denial of access due to restrictions applied by a government department.  

A member of the insured-group being under the influence of drugs (except those prescribed by a member of the insured group's registered

doctor but not when prescribed for treatment of drug addiction).

A member of the insured-group being under the influence of alcohol or solvents or anything relating to a member of the insured group prior

abuse of alcohol or solvents.

Any deliberate or criminal act by a member of the insured-group.

Any loss unless it is specified in the policy

Any claim where a member of the insured-group has not obtained prior authority to take leave.  

Any claim where leave has been cancelled on disciplinary grounds*.  

Any claim where the insured-group are unable to provide written evidence from the Police or Highways Department to support their claim**.

 

Section B 

 

For each insured-group this insurance will pay:  

  

 Up to £200 to cover the cost of alternative transport if the pre-booked scheduled public transport is cancelled or curtailed due to strike, riot or civil commotion on either the journey to the accommodation or the journey home from the accommodation.

For each insured-group this insurance will not cover:  

 

Any claim arising from the failure of scheduled public transport services that is due to a strike, riot or civil commotion that started or that had been announced before the date of the insured-group's departure from home. 

The cost of any food, drink, telephone calls or faxes. Any claim that is due to the failure of any transport provider, their agent or anybody who is acting as the insured-group's agent.

 

Section C 

 

For each insured-group this insurance will pay:  

 

Up to 150% of the original booking costs to provide alternative accommodation of a similar standard if the accommodation is rendered unsuitable for holiday purposes due to disturbance by:

(i) Excessive noise

(ii) Substantial loss of visual amenity

(iii) Significant nuisance

 

For each insured-group this insurance will not cover:  

 

Any disturbance caused by amenities published in the accommodation details or advised by your accommodation provider. 

Any disturbance that had been in existence or had been announced at the time of booking. 

Any disturbance that was likely to be of less than 24 hours duration.

 

Claims

Coast & Country Cottages may need the cooperation on the insured-group when making a claim.

(a) For medical claims, the relevant member of the insured-group's registered doctor must complete the medical questions under the cancellation section.

(b) For redundancy claims, the relevant member of the insured-group must forward their letter from their employer confirming that they have been made redundant within the terms of the Employment Rights Act 1996. This will only apply to persons under full employment for a period of two years or more.

(c) For armed forces redeployment, a letter from their commanding officer must be obtained confirming that (i) they had previously been given formal approval of leave on the specified dates, and (ii) the leave had been withdrawn due to the requirements of HM forces.

(d) For adverse weather conditions, road closures and Police directions written confirmation must be provided from either the Police or Highways Department confirming the reason for their inability to reach the accommodation.

(e) For scheduled public transport claims, confirmation must be received from the pre-booked transport provider that they were unable to provide the transport, stating the reason why and the times that transport was unavailable.

(f) For disturbance claims, confirmation from an independent source must be received confirming details of the disturbance and the period of time it took place.