Waveney Cottage Terms & Conditions
WHEN YOU MAKE A RESERVATION REQUEST WITH US (WHETHER BY WEBSITE, EMAIL, TELEPHONE OR POST), THESE BOOKING CONDITIONS FORM THE BASIS OF YOUR CONTRACT WITH US THE OWNER AND ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU. PLEASE TAKE TIME TO READ THE FOLLOWING DETAILS CAREFULLY.
Nothing in these Booking Conditions affects your normal statutory rights.
1.1) “Additional Fees” means any fees payable by the Guest other than the Rental Charge and Booking Fee, including (but not limited to) card handling fees, insurance costs, heating supplements, and linen charges.
1.2) “Agent” means Holiday Lettings (Tripadvisor) or HomeAway
1.3) “Booking” means the reservation of Waveney Cottage by you the Holidaymaker.
1.4) “Booking Conditions” means these terms and conditions.
1.5) “Deposit” means:
(a) 30% of the Rental Charge; or
(b) If the holiday is due to commence within eight weeks of the date of a Reservation Request, 100% of the Rental Charge 1.6) “Guest” means the person or persons making the Booking.
1.7) “Holiday Confirmation” means the confirmation of the Booking issued by the Agent or Owner to the Guest (by email and/or post) once the Initial Payment has been processed.
1.8) “Initial Payment” means the payment of the Booking Fee, the Deposit and any applicable Additional Fees.
1.9) “Property” means Waveney Cottage, 41 Peninsula Cottages, Staitheway road, Wroxham, NR128TH for which a Booking is made.
1.10) “Owner” means the owner of the Property.
1.11) “Rental Charge” means the total rental charge payable in respect of the Booking.
1.12) “Reservation Request” means a request to make a Booking in the form of a completed enquiry (whether submitted via the post, email, website or otherwise) or a telephone booking.
1.13) “Short Break” means a holiday for duration of less than seven nights.
2. ROLE OF AGENT
2.1) The Agent acts as agent for the Owner to take and arrange Bookings. The Agent does not own or manage the Property but reserves the right to refuse any Booking.
2.2) Once the Initial Payment has been made and a Holiday Confirmation has been issued by the Owner or Agent, a legally binding contract shall exist between the Guest and the Owner pursuant to which the Owner will make the Property available for the period set out in the Booking. For the avoidance of doubt, the Agent shall not be a party to such contract.
2.3) The contract shall be subject to these Booking Conditions and any other special conditions made known to the Guest at the time of the Booking.
3. BOOKINGS AND PAYMENT
3.1) Following receipt of a Reservation or Quote Request the Owner or Agent shall check the availability of the Property. If the Property is available for the Holiday period requested, the Owner or Agent shall reserve the Property for 48 hours pending initial payment.
3.3) Upon receipt of the Initial Payment, the Owner or Agent will issue a Holiday Confirmation to complete the Booking.
3.4) The balance of the Rental Charge (if any) must be paid by the Guest to the Owner or Agent no later than eight (8) weeks prior to the commencement of the holiday (the Owner or Agent shall endeavour to inform the Guest of the due date at the time of the Booking).
3.5) Where the Owner or Agent has not received the balance by the due date the Owner or Agent reserves the right to treat the Booking as cancelled by the Guest and clause 5 shall apply and the Guest shall have no claim against the Agent or the Owner for compensation or reimbursement whatsoever.
3.6) The prices stated on the Owners and Agent’s website are cash prices in pounds sterling. 3.7) All payments must be made in pounds sterling.
3.8) The Owner or Agent reserves the right to correct any error in advertised and/or confirmed prices. The price is however guaranteed once the Guest receives a booking confirmation.
3.9) Bookings cannot be accepted from persons under 18 years of age. Group bookings of single sex parties are not allowed unless special arrangements are made with the Owner. (Security deposits may be required for this type of booking)
3.9.1) Guests are required to provide their current home address and postcode for the Owners records. This information is a security measure for the Owners and allows the Owners to dispense with asking Guests for an additional security deposits (except if 3.9 applies). The Owners are committed to protecting your privacy and security. Whenever Guests provide personal information, the Owner and Agents will treat that information in accordance with current UK data protection legislation and internet best practice and will never sell your details to anyone else. If we wish to use your personal information for an additional purpose, we will always ask you to agree at the point of collection.
4. BOOKING DETAILS
Immediately upon receipt of the Holiday Confirmation from the Owner or Agent, the Guest should check the details and notify the Owner or Agent of any mistakes/errors made by the Owner or Agent as soon as possible and in any event within seven (7) days; no changes can be made to the Booking after this time. The Agent reserves the right to charge a holiday booking amendment fee to administer/correct any error by the Guest.
5. CANCELLATION BY THE GUEST
5.1) The Guest should notify the Owner or Agent immediately in writing if he/she wishes to cancel the Booking. The cancellation only takes effect when the Owner or Agent has received written confirmation from the Guest.
5.2) If the Guest cancels before paying the balance, the booking deposit is retained by the Owner or Agent.
5.3) If the guest cancels after paying the full balance, they can receive:
a 50% refund of the total cost if they cancel at least eight weeks before check-in.
a 25% refund of the total cost if they cancel at least four weeks before check-in.
5.4) This agreement shall be binding on, and ensure to the benefit of, the parties to this agreement and their respective personal representatives and successors, and references to any party shall include that party’s personal representatives and successors.
6. OTHER CANCELLATIONS
6.1) If the Guest has paid any money in respect of the Property and the Property subsequently becomes unavailable, the Owner shall arrange a refund to the Guest of all monies paid by the Guest
6.2) The Owner shall only be liable to return the monies received. No compensation or consequential losses shall be paid.
6.3) The Owner or Agent are not liable for any costs associated with alternative accommodation, which must be paid by the Guest
7. WEBSITE ACCURACY
7.1) The Owners and Agent’s endeavour to ensure the details relating to the Property described on the Owners or Agents websites are correct at the time of publication. The Guest must accept minor differences between text/photograph/illustrations on the website and the actual property may arise. The Owner cannot accept responsibility should the property not conform to the Guest’s standards. If a facility is particularly important to you, please check with the Owner prior to your booking.
7.3) The Owner cannot accept responsibility for any changes or closures to area amenities or attractions.
To minimise the financial risks associated with going on holiday it is strongly recommended that the Guest arranges cancellation and travel insurance that matches their parties needs when booking the holiday. It is strongly recommended that Guests have adequate insurance to cover all members of the Guest’s party. This should be suitable for UK self catering holidays arranged independently of a travel agent and should include cancellation protection cover to safeguard the Guest against loss of the cost of the holiday in the event of unexpected cancellation.
9. RESPONSIBILITIES OF THE GUEST
9.1) During the period of the holiday, the Guest (personally and on behalf of all other people visiting the Property) undertakes (for the benefit of the Owner and the Agent) as follows:
9.1.1) that the number of people occupying Waveney Cottage will not exceed the number stated on the Holiday Confirmation;
9.1.2) that the Property will be used solely for the purpose of a holiday by the Guest and his/her party;
9.1.3) 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 Owner, his representative or any third parties such as neighbours);
9.1.4) to allow the Owner or his representative access to the Property at any reasonable time during the period of the holiday;
9.1.5) 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 Owner reserves the right to levy an additional charge for any extra cleaning required after the Guests occupancy and for any consequential loss;
9.1.6) to report as soon as possible to the Owner (or his representative) any breakages or damage caused by the Guest during the holiday and when/if requested by the Owner to reimburse the Owner with the cost of replacement. The Owner reserves the right to make a claim against the Guest for repair or loss as a result of any damage caused;
9.1.7) to arrive after 4 p.m. on the arrival day and to vacate the Property by 10 a.m. on the day of departure unless prior arrangement has been agreed with the Owner and/or the Holiday Confirmation states otherwise;
9.1.8) not (without the express permission of the 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
9.1.9) to ensure no Smoking in the Property
9.1.10) to notify all other members of the Guests party of these undertakings.
9.2) in the interest of safety to supervise children at all times given the proximity to waterways.
9.3) In the event of a breach of any of the undertakings set out in clause 9.1 the Owner (or his representative) can refuse to allow the Guest to take possession of the Property or make the Guest leave the Property before the end of the Holiday. In either case the Guest shall be deemed to have cancelled the Booking and the Guest shall have no claim for compensation or reimbursement whatsoever.
10.1) Pets are not allowed at the Property as advertised. If a Guest takes a pet to the Property the Owner (or his representative) can refuse to allow the Guest to take possession of the Property or make the Guest leave the Property before the end of the holiday. If this happens the Guest shall be deemed to have cancelled the Booking and the Guest shall have no claim for compensation or reimbursement whatsoever.
11.1) The Guest’s (and all other members of the Guest’s party’s) personal belongings, vehicles and boats & equipment (together with their contents) are left at the Property entirely at their own risk.
11.2) The Owner or Agent shall accept no liability to the Guest for any loss, damage or injury howsoever caused to the Guest or to the Guest’s personal property (or to persons in the Guest’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 Owner or Agent.
11.3) No representative, agent or sales person (whether employed by the Agent or not):
11.3.1) 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 Owner; and/or
11.3.2) has authority to make any verbal representations or provide additional information over and above information contained in the Owners or Agent’s website. The Owner cannot accept responsibility and give no warranty in respect of information or representations not contained in these Booking Conditions and detailed on either the Owner’s or Agent’s website.
12. COMMUNICATION AND INFORMATION
For the purpose of the DPA (Data Protection Act 1998) and
13.1) Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
13.2) It is essential that you contact the Owner (or owners representative) if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless we are promptly notified. Discussion of any criticisms whilst you are in residence will usually enable any shortcomings to be rectified straight away. In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence. In no circumstances will compensation be considered for complaints raised after the holiday has ended, when the Guest has denied the Owner or his/her representative the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday.
13.3) If any complaint cannot be resolved during your holiday, you must write to the Owner with full details within 28 days of the end of it.
14. FORCE MAJEURE
No liability can be accepted and no compensation will be paid by the Agent or the Owner, where the Guest or his personal property (and/or any person in the Guest’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 Agent or the Owner are prevented or affected, by any event which the Agent or the 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, flood, 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 Agent or the Owner.
15. LAW AND JURISDICTION
15.1) This agreement is made on the basis that the property (“the Property”) is to be occupied by the guests for a holiday as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 and the Guests acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
15.2) All contractual obligations arising out of these conditions shall be subject to English Law and the exclusive jurisdiction of the English Courts.
The Booking Terms & Conditions will apply to all confirmed bookings. These Booking Conditions supersede all previous editions.
02 September 2018
Waveney Cottage – WiFi Terms & Conditions
BY USING OUR FREE WiFi SERVICE TO ACCESS THE INTERNET YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED TO BEING BOUND BY THE TERMS AND CONDITIONS OF USE.
1. Extent of the Service
1.1 All services are provided on an “as is” basis. We do not warrant that the service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of the service.
1.2 We may log traffic data to assist us with the implementation of our terms and conditions and our fair use policy, although it is our policy to respect your privacy. We would like to ensure that all of our guests have an enjoyable internet experience whilst staying with us. We have, therefore, implemented a ‘fair use’ policy to ensure that we are able to continue to provide a service to all our guests. We may monitor the performance of our network and the use of it by our guests. If we notice that a guest is using it in excess of what is expected from reasonable normal use and where such excessive use may affect the provision of this service to future guests, we may restrict usage. If you do not use file sharing software or download large files from the Internet then you should not be affected by our fair use policy. However, if it becomes clear that heavy downloading, peer-to-peer networking, or excessive streaming (i.e. more than simply streaming programme content from websites such as BBC iPlayer, 4 On Demand, or itv.com) is taking place then we may contact you to ask you to reduce your use. If you continue to do so, or if you persistently exceed normal use to the extent that it will affect guests enjoyment of the service, then we reserve the right to restrict or deny access to the network.
1.3 You warrant and undertake to us that all of the personal information you provide us with is complete and accurate. We will not disclose any personal information, which is provided by you during the provision of such services to you to any third party without your permission, other than
1.3.1 To any subcontractors or agents engaged by us to provide any support or administration, facilities management or similar services (subject to the subcontractors and /or agents undertaking to keep such personal information confidential)
1.3.2 Where required by law or made in connection with legal or regulatory proceedings
1.4 We will always try to make the service available, but it may be at times and out of our control, limited or curtailed due to maintenance and repair work, transmission or service provider equipment limitations/failures. Without prejudice to the foregoing generality we do not warrant that the service will be uninterrupted, timely, and secure and error free at all times or will meet your requirements; and we are not responsible for security, integrity, accuracy, suitability or completeness of any information that you transmit or receive while using the service.
1.5 Whilst we will use our reasonable endeavours to ensure that you are provided with free, uninterrupted service 24 hours a day. We will not be liable however, for any reason if the service is not available at any time for any period, nor for any loss of data or damage to the equipment you suffer as a result of using our service. We may suspend access at any time and for any reason, including routine or emergency maintenance of the service. For this reason we strongly recommend that you regularly save any work you are doing whilst using the service.
1.6 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.
1.7 We shall not be liable to you in contract, tort or otherwise arising in connection with this agreement for any economic losses (including, without limitation, loss of revenue, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, any special, indirect or consequential losses or any destruction or loss of data.
1.8 If any part of the service is not available to you through no fault on our part or where the failure, suspension or withdrawal of the service is beyond our reasonable control, we shall not be obliged to pay any compensation to you.
1.9 You will indemnify us against all and any losses or claims arising from any breach of the agreement by you, and against any claims or legal proceedings arising from your use of the services that are brought or threatened against us by another person.
2. Access the Service
2.1 Civil and criminal liability can arise from monitoring content or interception of e-mails and extreme care should be taken to ensure that this does not happen.
2.2 You must not use the Service to access Internet Services, or send or receive e-mails, which:
2.2.1 are defamatory, threatening, intimidatory or which could be classed as harassment,
2.2.2 contain obscene, profane or abusive language or material,
2.2.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature),
2.2.4 contain offensive or derogatory images regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition or sexual orientation,
2.2.5 contain material which infringe third party’s rights (including intellectual property rights),
2.2.6 in our reasonable opinion may adversely affect the manner in which we carry out our business or are otherwise unlawful or inappropriate.
2.3 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorised its use by you.
2.4 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.3 above.
2.5 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.
2.6 The Service is intended for consumer use only. In the event that you use the Service for commercial purposes we would specifically refer you to clause 5.2 below.
3. Child Supervision
3.1 We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the services you are allowing your child access to all of the services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
4. Criminal Activity
4.1 You must not use the Service to engage in any activity that constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any state throughout the world.
4.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.
4.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the service, the times when they have accessed the service and the activity associated with that IP address
4.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.
5. Our Use of your Information
5.1 Subject to clauses 4.3 and 4.4 above we confirm that we shall use the contact details you provide to us solely for the purposes of contacting you with marketing information, updates, promotions and special offers relating to our business.
5.2 It is important to ensure that this clause is complied with (or amended depending on how the data is used) and Data you collect is processed in accordance with the Data Protection Act and any mailings comply with the Privacy and Electronic Communications (EC Directive) Regulations 2003
6. Other Terms
6.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the service in breach of these terms and conditions, and in particular clause 3.1 to 3.3 and 5.1 above.
6.2 We have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.
6.3 This agreement is governed by the laws of England and the parties hereto submit to the non-exclusive jurisdiction of the English courts.
6.4 We reserve the right to amend these terms and conditions at any time.
The WiFi Terms & Conditions will apply to all confirmed bookings. These Conditions supersede all previous editions.
02 September 2018