Terms & Conditions
|
Boutique Retreats is a registered business carried on in partnership between Joss Parker Price and Philippa Jane Barton. 1 Our Status Boutique Retreats does not hold any proprietary interest in the properties but merely acts as agent for the owners of the property (the “Owner”). The letting arrangements are made by Boutique Retreats on behalf of the Owner and the contractual relationship in connection with the lettings is between the Owner and you. 2 Booking 2.1 Bookings may be made via the Boutique Retreat website at www.boutique–retreats.co.uk or by telephone. 2.2 A booking, whether via the website or by telephone, must be accompanied by a deposit. 2.3 Your booking is complete once you have received confirmation from Boutique Retreats in writing (the “Confirmation of Booking”) and following Boutique Retreats’ receipt of your 25% deposit in cleared funds. 3 Deposit 3.1 A non-refundable deposit of 25% of the full tariff is payable at the time of booking (the “Deposit”). The balance of the tariff must be paid at least six weeks before the start date. If your holiday begins less than six weeks from the time of booking, the full tariff is payable on booking. 3.2 A refundable damage deposit of up to £200 per property shall be payable at the discretion of Boutique Retreats (the “Refundable Damage Deposit”). The Refundable Damage Deposit shall be held until the end of the letting when it will be refunded to you, subject to deductions for any damage to the property caused during the letting. 5 Cancellation 5.1 Once a booking has been confirmed by Boutique Retreats, the booking can only be changed with the written agreement of Boutique Retreats. 5.2 Where Boutique Retreats agree to the change in the dates of the letting, an administration fee of £30.00 will be added to the full tariff to cover bank charges. 5.3 If you wish to cancel the booking, you must notify Boutique Retreats in writing (“Cancellation Notice”). 5.4 A booking can only be cancelled prior to the start of the letting. 5.5 In the event that a cancellation is made then a cancellation charge is payable depending on the number of days before the letting star date the Cancellation Notice is received by Boutique Retreats. Cancellation Charge (as a percentage of the total cost of the letting) 0-13 days 100% 14-27 days 75% 28-55 days 60% 56+ days Deposit Paid 6 Arrival and Departure 6.1 All lettings commence on Mondays or Fridays unless otherwise agreed in writing by Boutique Retreats. 6.2 Lettings commence at 4:00pm on the day of arrival and terminate at 10:00am on the day of departure (unless otherwise notified in writing by Boutique Retreats). 6.3 The maximum letting period is 28 days. 7 Price changes 7.1 Boutique Retreats has made all reasonable efforts to accurately describe the property in the information that we publish. 7.2 Boutique Retreats cannot accept responsibility for errors contained in the information or any mis-description as a result of inaccurate information given to it by the Owner. 7.3 You acknowledge that minor differences may arise between the information given and the actual property itself. 7.4 Boutique Retreats reserves the right to amend prices quoted in published information due to errors or omissions or changes in the VAT rate but such changes shall be notified to you as soon as possible. 7.5 You shall be at liberty to cancel the booking 12 weeks prior to the holiday start date if the amended price is significantly higher than the original price quoted. 7.6 Subject to condition 7.4, any changes in the rate of VAT payable on the letting will be borne by you. 8 Method of Payment 8.1 Payments may be made by credit or debit card, telegraphic bank transfer or by cheque (drawn from a UK bank only). 8.2 Credit card companies charge us a fee when you pay with their cards and therefore a credit card fee of 2.5% is applied to bookings made with Visa, MasterCard or American Express credit cards. 8.3 Cheques should be made payable to Boutique Retreats and cash should always be sent by recorded delivery. 8.4 Post-dated or undated cheques are not acceptable. 8.5 All cheques must be sent to Boutique Retreats, 6 Broad Street, Truro, Cornwall TR1 1JD 8.6 Any charges raised against Boutique Retreats by their bank for handling dishonoured cheques, bank transfers or any other payments will be passed on to you and you are liable to reimburse Boutique Retreats within seven days of receipt of notification from Boutique Retreats. 8.7 Overseas applicants may pay by Sterling cheque drawn on a UK bank or by telegraphic transfer to Boutique Retreats’ own bank (details available on request). Any charges for payments from overseas will be passed on to you. 9 The Holiday Letting 9.1 The letting confers upon you the right only to occupy for a holiday within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988. 9.2 The letting does not confer upon you a shorthold tenancy. 10 Published Information Some of the information published by Boutique Retreats relates to matters beyond the properties such as shops and public houses. Changes to external facilities are outside Boutique Retreats’ control. If Boutique Retreats is aware of any changes to the information at the time of your booking, then it shall endeavour to inform you of these changes. 11 Liability 11.1 Subject to condition 11.3, Boutique Retreats cannot accept liability for any act, neglect or default on Boutique Retreat’s part or the part of the Owner or any other person not within their employ or otherwise under their control, nor for any accident, loss, damage, costs, injury, expense or any other inconvenience or claim for compensation whatsoever, whether to person or property and whether caused by Boutique Retreats, its employees or agents or otherwise, which you or any other person may suffer or incur arising out of, or in any way connected with the holiday letting. In addition, the Owner and Boutique Retreats accept no liability for loss of or damage to your possessions on the Owners’ property or land. 11.2 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 11.3 Nothing in these conditions excludes or limits the liability of Boutique Retreats or the Owner: (a) for death or personal injury caused by Boutique Retreats’ or the Owner’s negligence; or (b) under section 2(3), Consumer Protection Act 1987; or (c) for any matter which it would be illegal for Boutique Retreats or the Owner to exclude or attempt to exclude their liability; or (d) for fraud or fraudulent misrepresentation. 11.4 In all cases, except for personal injury or death, our liability to you for the total of all claims arising out of the letting is limited to the cost of the booking fees less any insurance or cancellation charges. 12 Your Obligations You agree: (a) to pay for any losses or damages to the property, caused by you or a member of your party (reasonable wear and tear excluded, which for the avoidance of doubt means repairs that are decorative and ware out or come adrift in the course of reasonable use) which will be determined at the Owner’s discretion; (b) to take good care of the property and leave it in a clean and tidy condition at the end of the letting. A cleaning service is not provided during the letting unless otherwise specified or agreed in writing with Boutique Retreats; (c) to permit the Owner reasonable access to the property; (d) not to part with possession of the property, or share it, except with members of the party confirmed in the booking; (e) not to sell or transfer the booking to another without the written consent of Boutique Retreats; (f) not to use a cot for a child over the age of 12 months; and (g) not to have anyone other than those detailed at the time of the booking and listed in the Booking Confirmation staying at the property; and (h) to respect the well-being of neighbours and not to cause any annoyance or become a nuisance. Complaints from adjoining or nearby occupants to Boutique Retreats properties regarding your behaviour may result in the Owner requiring you to leave the property immediately without a refund of any monies paid by you. 13 Breach of Contract 13.1 If there shall be a material breach of any of these conditions by you, the Owner or Boutique Retreats reserve the right to re-enter the property and terminate the letting. 13.2 If there shall be a material breach of any of these conditions by Boutique Retreats or the Owner, then you have the right to terminate the letting. 13.3 In the event that Boutique Retreats is unable to find someone else to occupy the property for the remainder of your stay, no refund of any sums you have paid will be returnable to you. 13.4 Termination of the letting pursuant to condition 13.1 and 13.2 does not affect that party’s other rights and remedies. 14 Complaints 14.1 Boutique Retreats tries to take every care to prepare the properties to a standard whereby you will enjoy your holiday. If a problem or cause for complaint does arise, please contact Boutique Retreats immediately. Every effort will then be made to assist you. It is frustrating for all parties if you write after your holiday to inform Boutique Retreats of a problem that could have been solved had Boutique Retreats known at the time. 14.2 If Boutique Retreats or the Owners were denied the opportunity of investigating the complaint within a reasonable time or denied the opportunity to put matters right during the letting, then this may result in a reduction of any compensation payable to you arising out of such a complaint. 15 Data and Privacy 15.1 In making a booking we will ask for personal information such as your name, postal address, email address, telephone number and payment details. We may use the data to inform you about news and information we think may be of interest to you. We will not pass your information onto any third parties for the purposes of administration.. Contractors will not be allowed to use your personal information for any other purpose than that which Boutique Retreats may have instructed. Your identity will also be made available to the Owner. By booking with us you are deemed to have consented to use of personal information for these purposes. If you decide that you would prefer that your information is not used in this way or that you do not wish to receive such information, please contact us in writing or by email to philippa@boutique-retreast.co.uk. 15.2 Boutique Retreats is committed to protecting your privacy. We will only use the information that we collect about you lawfully, in accordance with the Data Protection Act 1998. 18 Validity Condition If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect. 19 Governing Law The contract embodied in the booking is governed by English law, and subject to the exclusive jurisdiction of the English courts. |
