Booking Terms | Holiday Cottages in Yorkshire
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Booking Terms

Gorgeous Cottages is a trading name of Gorgeous Weekend Limited, Company Number 06631065 and whose registered office address is at 9 Marton Moor Road, Nunthorpe, North Yorkshire, TS7 0BL.

1.   Interpretation

1.1 In these Conditions the following words shall have the following meanings:

“Booking Enquiry” means an offer to hire Property made by the Hirer in accordance with condition 3;
“Company” means Gorgeous Weekend Limited, Company Number 06631065 and whose registered office address is at 9 Marton Moor Road, Nunthorpe, North Yorkshire, TS7 0BL;
“Conditions” these terms and conditions as amended from time to time;
“Contract” means the making of a Booking Enquiry to hire Property by the Hirer and the acceptance of the Booking Enquiry by the Company (acting on behalf of the Owner) in accordance with condition 3 for the hire of Property for the Hire Period;
“Deposit” means the sum equivalent to thirty percent (30%) of the Price (rounded up to the nearest £1);
“Guest(s)” means the individuals that will occupy the Property for the Hire Period as have been notified by the Hirer to the Company in accordance with these Conditions;
“Hirer” means the person who makes a booking with the Company to hire Property;
“Hire Period” means the period during which the Hirer and the Guest(s) will occupy the Property in accordance with these Conditions;
“Owner” means an owner of Property;
“Price” means the price to hire the Property (excluding any Security Deposit);
“Property” means the accommodation which the Hirer has chosen to hire in accordance with these Conditions;
“Security Deposit” means a security deposit to be paid (if applicable);
“Website” means www.gorgeouscottages.com.

2 Status of the Company

2.1 The Company is acting as an agent for the Owner in connection with accepting and administering bookings of Property on its behalf. The Company has authority from the Owner to accept Booking Enquires and to confirm acceptance of Booking Enquiries (in accordance with conditions 3.2.2 and 3.3.3) on behalf of the Owner in accordance with these Conditions.

2.2 The Contract is between the Hirer and the Owner.

3 Application of Conditions

3.1 These Conditions shall apply to the Contract.

3.2 Booking Enquiry made by email or telephone

3.2.1 The Hirer should contact the Company either by email or telephone to make a Booking Enquiry. At the time of the Booking Enquiry the Hirer shall provide the Company with the following:-
(a) details of the name of the Property which they would like to hire;
(b) the dates on which they would like to hire the Property from and to;
(c) details of their name, address, contact telephone number and email address;
(d) confirmation that they are aged 18 years or over;
(e) the number of individuals in the Guest(s);
(f) whether there are to be any pets within the Guest(s) and if so, how many; and
(g) any other information the Company reasonably requires.

3.2.2 Once the Hirer has submitted the Booking Enquiry the Company shall acknowledge receipt of the Booking Enquiry by email, or alternatively (if applicable) shall acknowledge receipt of the Booking Enquiry orally over the telephone. The Company shall check availability of the chosen Property. Although the Company may confirm that the Property is available to hire, the Booking Enquiry shall not be deemed to be accepted until:
(a) the Company (acting on behalf of and with the authority of the Owner) provides the Hirer with written acceptance of the Booking Enquiry; and
(b) the Company receives the Deposit or, if the Hire Period is due to commence within 8 weeks of the date of the acceptance of the Booking Enquiry in accordance with condition 3.2.2(a), the full Price,
at which point the contract for the hire of the Property for the Hire Period on these Conditions will be established. The written acceptance shall confirm:-
(a) the date and times of the Hire Period;
(b) the Price based on the information provided by the Hirer in accordance with condition 3.2.1; and
(c) confirmation of the amount of the Security Deposit to be paid (if the Property requires a Security Deposit is made).

3.3 Booking Enquiry made online via the Website

3.3.1 The Hirer may make a Booking Enquiry (which will be made subject to these Conditions) online via the Website. To make a Booking Enquiry online via the Website the Hirer should follow the on screen instructions.

3.3.2 Once a Booking Enquiry has been made via the Website, the Company (through a representative) will contact the Hirer (usually by telephone) in order to collect the information set out in condition 3.2.1 or such part thereof that has not already been provided by the Hirer whilst making the Booking Enquiry.

3.3.3 The Company shall then check availability of the chosen Property. Although the Company may confirm that the Property is available to hire, the Booking Enquiry shall not be deemed to be accepted until:
(a) the Company (acting on behalf of and with the authority of the Owner) provides the Hirer with written acceptance of the Booking Enquiry; and
(b) the Company receives the Deposit or, if the Hire Period is due to commence within 8 weeks of the date of the acceptance of the Booking Enquiry in accordance with condition 3.3.3(a), the full Price,
at which point the contract for the hire of the Property for the Hire Period on these Conditions will be established. The written acceptance shall confirm:-
(a) the date and times of the Hire Period;
(b) the Price based on the information provided by the Hirer in accordance with condition 3.3.1 and condition 3.3.2; and
(c) confirmation of the amount of the Security Deposit to be paid (if the Property requires a Security Deposit is made).

3.4 For the avoidance of any doubt, no contract for the hire of the Property for the Hire Period on these Conditions will be established (or be deemed to be established) otherwise than in accordance with condition 3.2.2 or condition 3.3.3 (as applicable).

4 Hirer Obligations

4.1 Numbers in Guest(s)

4.1.1 The number of persons occupying a property must not exceed the number provided by the Hirer in condition 3.2 or condition 3.3 (unless the Hirer has notified the Company of the increase at least 14 days before the start of the Hire Period, the Company (acting on behalf of the Owner) has agreed to the increase and if applicable the Hirer has paid an additional fee). If the number of persons occupying does exceed the numbers provided by the Hirer under condition 3.2 or condition 3.3 (or any increase agreed between the Hirer and the Company) then:-
(a) the Hirer may be required to pay an additional sum to cover the additional occupancy; or
(b) if the additional occupancy would exceed the maximum limit of occupancy for that particular Property then the additional persons will not be permitted to occupy. If the additional person/ people continue to occupy then the Owner (or a representative of the Owner) has the right to enter the Property and require the Hirer and all those within the Guest(s) to vacate the Property. If the Owner (or a representative of the Owner) does take this action then the Hire Period shall be deemed to have immediately come to an end (and the relevant Contract cancelled) and the Hirer (and anybody within the Guest(s)) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early (and the relevant Contract being cancelled).

4.2 Pets

4.2.1 Some Properties on the Website are designated as pet friendly which indicates that those Properties can accommodate pets. Pets must not be taken to any Property that is not marked as pet friendly.

4.2.2 Pets are usually subject to a £5 per night (per pet) additional charge. Please note some properties may apply a different one-off charge per pet. Once paid, the supplement for pets is non-refundable in all circumstances.

4.2.3 The Hirer must not allow any pets in the Property unless it has notified the Company that they will be taking a pet in accordance with condition 3.2 or condition 3.3 (or unless the Hirer has notified the Company that they intend to take a pet at least 14 days before the start of the Hire Period, and the Company (acting on behalf of the Owner) has allowed the Hirer to take a pet, and the Hirer has paid an additional fee).

4.2.4 Where pets are permitted in the Property:-
(a) they must not be left unattended in the Property at any time;
(b) they must not be allowed in any of the bedrooms or on any of the furniture within the Property;
(c) they must be kept under strict control at all times;
(d) the Guest(s) must bring baskets (or similar apparatus) and bedding for the pets; and
(e) any damage (which must be reported to the Owner immediately) or excessive cleaning caused by pets may incur additional charges to be requested at the Owner’s discretion.

4.2.5 If a garden is described as enclosed it does not mean that it is ‘escape-proof’ for pets. The Hirer must clear up any fouling of gardens or grounds without delay.

4.2.6 If the Hirer or anybody within the Guest(s) brings a pet with them without having first notified the Company (acting on behalf of the Owner) that they will be taking a pet in accordance with condition 3.2 or condition 3.3 to which the Company (acting on behalf of the Owner) has confirmed they can do so, (or unless the Hirer has notified the Company that they intend to take a pet at least 14 days before the start of the Hire Period, and the Company (acting on behalf of the Owner) has agreed that the Hirer can take a pet, and the Hirer has paid an additional fee) then:-
(a) the Hirer will be required to pay an additional sum to cover the charge for the pet occupying; or
(b) if the Hirer has booked Property which does not permit a pet then the Owner has the right to enter the Property and require the Hirer and all those within the Guest(s) to vacate the Property. If the Owner does take this action then the Hire Period shall be deemed to have immediately come to an end (and the relevant Contract cancelled) and the Hirer (and anybody within the Guest(s)) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early (and the relevant Contract being cancelled).

4.3 Vacation

Upon vacating the Property at the end of the Hire Period the Hirer shall ensure that the Property is left clean and tidy.

4.4 Damage or Losses

4.4.1 If during the Hire Period there are any breakages or damage caused to the Property, or any furniture, equipment, or utensils within the Property by the Hirer or anybody within the Guest(s) (including a pet) then the Hirer should report the same to the Owner as soon as reasonably practicable (or if the Owner cannot be contacted, the Hirer should contact the Company) and as far as reasonably possible before the Hirer vacates the Property on the last day of the Hire Period. The Hirer undertakes to reimburse the Owner for any and all reasonable costs it incurs for repairing the damage or if applicable replacing the item(s) damaged or broken.

4.4.2 If during the Hire Period the Owner (or a representative of the Owner) is concerned as to the extent of any damage or breakages to or at the Property, or any furniture, equipment, or utensils within the Property, then the Owner (or a representative of the Owner) has the right to enter the Property and they may require the Hirer and all those within the Guest(s) to vacate the Property. If the Owner (or a representative of the Owner) does take this action then the Hire Period shall be deemed to have immediately come to an end (and the relevant Contract cancelled) and the Hirer (and anybody within the Guest(s)) shall not be entitled to a refund or any compensation for any reason due to the Hire Period coming to an end early (and the relevant Contract being cancelled).

4.4.3 The Hirer shall be deemed to have forfeited the Security Deposit:-
(a) if during the Hire Period there are any breakages or damage caused to the Property, or any furniture, equipment, or utensils within the Property (including, without limitation:
(i) the Property being left in an unreasonable state;
(ii) loss or non-return of keys;
(iii) excessive or long distance telephone charges;
(iv) neglect or damage to the Property; or
(b) if after the Hirer has vacated the Property the Property requires any additional cleaning beyond what would be reasonably expected.
In either scenario under condition 4.4.3 (a) and/ or 4.4.3 (b) the Owner shall be entitled to use the Security Deposit (without prejudice to condition 4.4.1) towards making good any damages or breakages, and towards any additional cleaning. If after making such repairs, or making good such damages and breakages, or carrying out any additional cleaning, there is some of the Security Deposit remaining that shall be returned to the Hirer.

4.5 Other

4.5.1 Group bookings of single sex groups are not allowed unless the specific agreement of the Owner and the Company has been attained.

4.5.2 The Hirer is responsible for checking the Booking Confirmation and any error therein must be notified to the Agent within 24 hours of the Booking Request having been made. Any error notified to the Agent after this time will be subject to an administration fee of £30 + VAT. The Agent is not responsible for any loss or other damage resulting from incorrect information being provided by the Hirer and/or the Guests where the Agent has not been notified of such incorrect information.

4.5.3 If the Owner requires a disclaimer form to be signed by the Hirer for using any facilities at the Property, this disclaimer must be signed by the Hirer on arrival. Failure to do so will result in the Hirer not being permitted to use the leisure facilities.

4.5.4 The Hirers right to occupy the Property may be forfeited without compensation if any activity is undertaken which is illegal, or causes an unreasonable level of noise, stress or disturbance to neighbouring residents.

5 Charges and Payment

5.1 Upon making a Booking Enquiry the Hirer will be asked to make a payment which will be as follows:-

5.1.1 If the first day of the Hire Period is more than 8 weeks from the date of the Booking Enquiry, the Hirer must pay a Deposit;

5.1.2 If the first day of the Hire Period is 8 weeks or less than 8 weeks from the date of the Booking Enquiry, the Hirer must pay the total Price at the time of the Booking Enquiry.

5.2 All payments will be accepted and administered by the Company on behalf of the Owner.

5.3 If a Booking Enquiry is rejected and the Contract is not made, the Company shall return any payment made by the Hirer in accordance with condition 5.1 (minus any charges incurred for credit card payments).

5.4 Payment can be made using the following methods:-

5.4.1 by way of debit card;

5.4.2 by way of credit card (NOTE- PAYMENTS MADE BY CREDIT CARD WILL INCUR A CHARGE OF 2%); or

5.4.3 any other method accepted by the Company from time to time.

All payments made will be into a designated client account of the Company and paid to the Owner in accordance with the terms of an agreement between the Owner and the Company.

5.5 In the case where a Deposit has been made upon making the Booking Enquiry, the balance of the Price is payable to the Company not later than eight weeks before the first day of the Hire Period (the “Final Payment Date”) in one lump sum payment (the Company does not accept payment by instalments). If the Company does not receive the balance of the Price by the Final Payment Date then it may, following consultation with the Owner, cancel the Contract on behalf of the Owner and reserves the right to re-let the Property. If the Contract is cancelled then the Hirer will be deemed to have forfeited the full Price (including the Deposit) to the extent that such has already been paid and, to the extent that such has not already been paid, all outstanding sums (including the full Price) remain due and payable, subject to the provisions in condition 10.

5.6 All prices quoted are inclusive of Value Added Tax (where applicable)

5.7 Please note that certain Properties on the Website require payment of a Security Deposit. Any requirement as to a Security Deposit will be notified to the Hirer in accordance with condition 3.2.2 or condition 3.3.3 (as applicable). Security Deposits are handled directly by the Owner and the Hirer’s guest information will confirm how to pay the Security Deposit to the Owner. The Owner will also arrange to refund the Hirer the amount of the Security Deposit (less any deductions in accordance with these Conditions) within 7 days of the end of the Hire Period (subject to satisfactory inspection of the Property). All disputes regarding Security Deposits are between the Guest(s) and the Owner and the Company accepts no responsibility or liability whatsoever with regards to the Security Deposit. Access to the Property will be denied if the Security Deposit has not been paid in full to the Owner prior to the start of the Hire Period and the Contract may be cancelled. If the Contract is cancelled then the Hirer will be deemed to have forfeited full Price (including the Deposit) to the extent that such has already been paid and, to the extent that such has not already been paid, all outstanding sums (including the full Price) remain due and payable, subject to the provisions in condition 10.

5.8 In the event that the Price and/or Deposit) is paid by the Hirer before the due date for payment in accordance with these Conditions, the Hirer shall not be afforded any leniency with regards to any provision of the Contract regarding non-return or non-refund of the Price and/or Deposit (as applicable) solely on the basis that the relevant Price / Deposit (as applicable) was paid before the due date for payment.

5.9 It is always possible that, despite the Company’s best efforts, some of the prices quoted by the Company (whether on the Website or otherwise) in respect of the Property may be incorrect. If the Company discovers an error in the price quoted but for which a Booking Enquiry has been made or a contract of hire been established, the Company will contact the Hirer to inform the Hirer of the error and will give the Hirer the option of continuing with the Booking Enquiry or contract of hire (as applicable) at the correct price or cancelling the relevant Booking Enquiry / contract of hire (as applicable). If the Company is unable to contact the Hirer using the contact details provided to the Company, the Company will treat the Booking Enquiry / contract of hire (as applicable) as cancelled and notify the Hirer of this fact.

5.10 Please note that all prices / rates quoted on the Website are based on standard short break days (being Friday to Monday (3 nights) and Monday to Friday (4 nights)). Accordingly, the final price in relation to a Booking Enquiry may differ from that which was shown on the Website at the time the Booking Enquiry was made but will be set out correctly in the written acceptance of the Booking Enquiry in accordance with condition 3.2 or condition 3.3 (as applicable).

6 The Accommodation

6.1 Descriptions

6.1.1 The Company makes every effort to ensure that the description of the Property (as appears on its Website or in other sales materials) is accurate and up to date. The Company does make every effort to update the descriptions for any material changes made to the Property, however the Company shall not be held responsible for any minor discrepancies in the Property from the descriptions on its Website, or any changes made to the Property by the Owner after the date of the Booking Enquiry. If there are any material changes to the Property which are made after the date of the Booking Enquiry the Company will make the Hirer aware of any material changes as soon as reasonably possible after the Company becomes aware of them.

6.1.2 Occasionally the exteriors, furniture, furnishings and room layouts of the Property may differ from the photographs on the Website.

6.2 Maintenance
Grass cutting, gardening, window cleaning and maintenance works etc may from time to time be carried out by or on behalf of the Owner during the Hire Period, however where possible the Owner will try to accommodate the Hirer’s reasonable requirements if they are aware of them and will try to carry out all such works with the least disruption to the Hirer and the Guest(s) as far as reasonably possible.

6.3 Cots and High Chairs
Not all Property will have a cot and high chair available to use during the Hire Period. The Hirer should check the availability of a cot and high chair at the Property at the time of the Booking Enquiry and should confirm at the time of the Booking Enquiry whether they will be required during the Hire Period. Cots and high chairs will vary in age, style and condition and should only be used by a small child aged under 24 months.

6.4 Bed Linen, Cot Linen and Towels
Bed linen and towels are provided at the Property but cot linen is not (and the Hirer should bring their own).

6.5 Concierge Service
All Guest(s) are entitled to complimentary use of a concierge service which includes (without limitation) booking a private chef, booking restaurants and providing recommendations for relevant local activities. The Company acts at all times as an agent for any third party suppliers recommended to any Guest(s) or booked on behalf of any Guest(s) and accepts no liability for any loss or other damage as a result of using such recommended services/suppliers.

6.6 Timing of Occupancy and Vacation
Acting on behalf of the Owner, the Company shall notify the Hirer in advance of the Hire Period of the time at which the Hirer and the Guest(s) can commence occupation of the Property, and of the time at which the Hirer and the Guest(s) must vacate the Property.

6.7 Basis of Occupation
The Property is let to the Hirer and the Guest(s) for the Hire Period only (without prejudice to the Owner’s right to bring the Hire Period to an end early in accordance with these Conditions) and is not an Assured Tenancy or Assured Shorthold Tenancy as defined by the Housing Act 1988 as amended. No statutory tenancy will arise when the Hire Period ends.

7 Complaints

7.1 If the Hirer has cause for complaint during the Hire Period the matter should be raised in the first instance with the Owner as soon as reasonably possible using the contact details provided to the Hirer by the Company. If the Hirer is unable to contact the Owner then the Hirer should contact the Company as soon as reasonably possible. This will allow the Owner time to consider the complaint and if possible and reasonable, will allow the Owner to take action it reasonably can to rectify the problem. If the Owner is satisfied that the problem cannot be rectified it may, at its discretion, offer the Hirer a refund of all or part of the Price.

7.2 If the Hirer does not raise any complaint which it may have during the Hire Period, the Owner shall not, except in limited circumstances, consider any and all complaints the Hirer raises after the Hire Period has come to an end.

8 Limitation of Liability

THE HIRER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION

8.1 This condition sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees) to the Hirer in respect of:

8.1.1 any breach of these Conditions;

8.1.2 the hire of the Property by the Hirer and the Guest(s); and

8.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract and these Conditions.

8.3 Nothing in these Conditions limits or excludes the liability of the Company:

8.3.1 for death or personal injury resulting from the negligence of the Company; or

8.3.2 for any damage or liability incurred by the Hirer as a result of fraud or fraudulent misrepresentation by the Company.

8.4 The Company does make every effort to update the descriptions on its Website for any material changes made to the Property, however the Company shall not be held responsible for any minor discrepancies in the Property from the descriptions on its Website, or any changes made to the Property by the Owner after the date of the Booking Enquiry. If the Company has been notified by the Owner of any changes made to the Property which are material, it shall use its reasonable endeavours to notify the Hirer.

8.5 Subject to condition 8.2 and condition 8.3:

8.5.1 as the Company is acting purely as agent for the Owner and does not have any control over the Property or the Owner, the Company shall not be liable for:-
(a) any injury;
(b) any sickness;
(c) any loss;
(d) any damage;
(e) any additional expense;
(f) any damages for inconvenience
caused directly or indirectly by or arising out of the use or condition of the Property (including any facilities or other amenities at the Property) and its appearance, plumbing, gas, electrics, exceptional weather conditions or the Owner’s negligence. The Company shall not be liable for any actions or omissions of the Owner. The Company shall not be liable for any damage or loss caused to any belongs of the Hirer or the Guest(s) during the Hire Period; and

8.5.2 the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the Price.

9 Data Protection

The Company will use the personal data of the Hirer and members of the Guest(s) for the purpose of processing the Booking Enquiry and for carrying out the Company’s obligations in accordance with the Contract. The Company will also pass on the personal data of the Hirer and the Guest(s) to the Owner.

10 Termination

10.1 The Company (acting on behalf of the Owner) or the Owner may terminate the Contract:-

10.1.1 in accordance with the provisions in condition 4.1.1; or

10.1.2 in accordance with the provisions in condition 4.2.6; or

10.1.3 in accordance with the provisions in condition 4.4.2; or

10.1.4 in accordance with the provisions in condition 5.5; or

10.1.5 in accordance with the provisions in condition 5.7; or

10.1.6 in accordance with the provisions in condition 5.9,
and in each of the above scenarios the Hirer shall not be entitled to a refund of the Deposit or the Price or part of the Price (to the extent that such has been paid) and (to the extend that such has not been paid) shall still be liable for the full Price.

10.2 The Company (acting on behalf of the Owner) may terminate the Contract in accordance with the provisions in condition 12.2 and in such scenario the Hirer should seek reimbursement of the monies which it has paid in accordance with condition 5 direct from the Owner (which the Company shall assist with).

10.3 The Company (acting on behalf of the Owner) may terminate the Contract if it comes to the attention of the Company or the Owner that the relevant Property that is the subject matter of the Contract has already been hired by a third party (and therefore a contract of hire already exists in respect thereof) for all or part of the relevant Hire Period. In such circumstances the Company shall assist the Hirer to find a suitable replacement property and/or Hire Period for the property. If a suitable replacement Property and/or Hire Period for the Property cannot be found, the Company will seek re-imbursement of any monies paid under condition 5 direct from the Owner.

THE HIRER IS ADVISED TO TAKE OUT HOLIDAY INSURANCE IN CASE IT HAS TO CANCEL THE HIRE OF THE HOLIDAY ACCOMMODATION.

10.4 If the Hirer wishes to terminate the Contract then it shall notify the Company as soon as possible in writing.

10.5 In the event that the Hirer wishes to terminate the Contract for any reason the Company does not offer any refunds of any money paid and the Owner is under no obligation to refund any money paid or offer an alternative Hire Period (and/or Property). In the event that the Hirer wishes to terminate the Contract all outstanding sums (including the full Price) remain due and payable according to the original payment schedule. In the event that the Company is able to re-let the Property prior to the commencement of the Hire Period the Company may, at its absolute and sole discretion, waive the requirement for the Hirer to pay all or part of any outstanding sums due and payable (but not paid) by the Hirer and/or offer a partial refund of any monies paid by the Hirer up to a maximum of 70% of the full Price. Please note the Company is under no obligation to waive payment and/or offer such a refund and if any waiver and/or refund is offered this will be subject to an admin fee of £36. Please note credit card charges are non-refundable. The deposit amount remains non-refundable at all times.

11 Force Majeure

The Company shall have no liability to the Hirer or any member of the Guest(s) under these Conditions if it is prevented from, or delayed in performing, its obligations under these Conditions or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the Company or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors

12 Variation

12.1 Any proposed alterations to the Hire Period by the Hirer will only be accepted at the discretion of the Company (acting on behalf of the Owner) and will be subject to an administration charge of £30 +VAT. If the alteration is accepted by the Company (acting on behalf of the Owner) then subject to payment of a reasonable administration fee by the Hirer, the Contract shall be amended accordingly subject to the following conditions:

For Bookings with an arrival date of more than 8 weeks from the date the proposed alteration was received: If the proposed alteration to the Hire Period results in an increase or decrease in the overall Price of the Booking the Balance Due amount will be amended accordingly.

For Bookings with an arrival date of 8 weeks or less from the date the proposed alteration was received: If the proposed alteration to the Hire Period results in any increase in the Price this is payable immediately. No refunds can be offered even if the proposed alteration is for a period with a lower Price.

12.2 If, for reasons beyond its control, the Owner has to cancel the Contract the Company (acting on behalf of the Owner) or the Owner shall be permitted to do so and shall notify the Hirer as soon as reasonably possible. The Company shall assist the Hirer to find a suitable replacement Property. If a suitable replacement Property cannot be found, the Company will endeavour, but is under no obligation, to seek re-imbursement of any monies paid under condition 5 direct from the Owner. If the Company is unsuccessful in obtaining a refund from the Owner, the Company shall in no way be liable for any loss or other damage caused to the Hirer and/or the Guests. THE COMPANY RECOMMENDS AND THE HIRER IS ADVISED TO TAKE OUT HOLIDAY INSURANCE IN THIS REGARD.

13 Severance

13.1 If any provision of these Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Conditions, and the validity and enforceability of the other provisions of these Conditions shall not be affected.

13.2 If a provision of these Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

14 Assignment

The Company may at any time assign or transfer all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.

15 Rights of Third Parties

Only the Company (and its assignee), the Hirer and the Owner shall have any rights under the these Conditions and a person who is not a party to these Conditions or the Contract shall not have any rights under or in connection with it.

16 Notices

16.1 Any notice or other communication required to be given under the Contract or under these Conditions shall be in writing and shall be sent by pre-paid first-class post, recorded delivery or by commercial courier to the other party and for the attention of the Company or the Owner or as the case may be the Hirer.
16.2 Any notice or other communication shall be deemed to have been duly received when left at the address and for the attention of the Hirer or the Company or the Owner (as the case may be) or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.

17 Governing law and Jurisdiction

17.1 The Contract and these Conditions, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.

17.2 The parties irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract, these Conditions or its subject matter.