BOOKING TERMS AND CONDITIONS
‘Agent’, ‘we’, ‘us’, ‘our’ means Byron Woolacombe Holidays Limited of 69 High Street, Bideford Devon EX39 2AT
‘Agreement’ means the holiday rental contract that is entered into between the Guest and Byron Woolacombe Holidays Limited (as agent for the Owner). The Agreement includes these Terms and Conditions and any supplementary conditions that may be agreed with the Agent or the Owner in relation to this specific booking or Property.
‘Group’ – includes all members of the party staying at the Property
‘Guest’, ‘you’, ‘your’ – means the person(s) who enter into the holiday rental contract (the ‘Agreement’) for the Property, and that have agreed to be bound by these Terms and Conditions. The Guest holds primary liability under the Agreement, and is responsible for ensuring that all members of the Group also abide by these Terms and Conditions.
‘In writing’ shall include confirmations and notifications by email. If you have supplied us with an email address, it is your responsibility to check your emails regularly, and to let us know about any change to your email address.
‘Owner’ Includes all owners of the Property where the Property is held jointly or severally
‘Property’ – means the holiday rental property and its contents, including any gardens, outbuildings etc.
Before booking through us, please read these booking terms and conditions carefully in conjunction with all other information relevant to your individual booking. A confirmed booking is a legally binding contract.
1. Contract and Booking
1.1. We arrange bookings of holiday properties as an agent on behalf of the Owner, and any booking is therefore a contractual arrangement between you (“the Guest”) and the Owner.
1.2. Whilst we will make every reasonable effort to ensure that your holiday accommodation is satisfactory, we can accept no legal responsibility for the acts or failure to act of any Owner or supplier or other person connected with your booking. All bookings depend on the Property being available.
1.3. The Guest making this booking must be at least 18 years old at the time of booking and s/he must have appropriate authority to make the booking on behalf of the Group (if more than one Guest). By making the booking, you confirm that you are authorised to make the booking and that all members of the Group agree that the booking will be governed by this Agreement. You are responsible for making all payments due to us.
1.4. Where the booking is for a Group, then it is agreed that the responsibilities and liabilities under the Agreement will be shared jointly and severally by those persons.
1.5. All properties on our website and in our brochures are offered by the owners for the sole purpose of holiday lettings, unless expressly agreed otherwise in writing by the owner and us. Accordingly you agree that your booking is for the sole purpose of holiday accommodation and accept that you are not offered any rights to the property other than the right to occupy the property as holiday accommodation for the period of your booking.
1.6. As long as the property is available and we have received all the relevant payments from you, we will give you written confirmation (see below) as soon as reasonably possible. This confirmation will show your booking details, the amount you have paid and the amount you still owe for the booking. Your binding contract with the owner will begin when we issue you with the written confirmation on behalf of the owner. We will acknowledge that we have received your booking and then send you confirmation by email. It is your responsibility to check your emails regularly and to let us know about any change to your email address.
1.7. We, on behalf of the Owner have the right to refuse any booking before we send you your written confirmation. If we do this, we will tell you in writing and promptly refund any money you have paid to us. In this case, neither we nor the Owner will have any legal responsibility to you.
2. Website Details
2.1. We aim to make sure that the information provided by Owners is presented accurately on our website. It is intended to present a general idea of the Property and the facilities. Not all details of the relevant facilities can be included on our website. There may be small differences between the actual property/arrangements and its description. Occasionally, problems mean that some facilities or services are not available or may be restricted. If this happens, we will tell you as soon as reasonably practical after we become aware of the situation. We cannot accept responsibility for any changes or closures to local services or attractions mentioned on our website. We make reasonable efforts to make sure that information we give you about the Property and its facilities, is accurate and complete on the date given. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any Property or its facilities, unless this was caused by our negligence.
2.2. Where Wi-Fi is an advertised facility, please note that its provision is subject to availability and network conditions. It may not be available 24 hours a day and is provided for pleasure not for business purposes.
3. Guest Obligations
3.1. The accommodation is reserved for your occupation for the dates agreed when making the booking. The Property will be available for occupation from 4.00pm on the start date of your holiday, through to your departure and checkout on 10.00am on the final day. We require you to adhere to these termination times so that we can ensure properties are adequately cleaned and checked ready for any subsequent booking. It may be possible to vary these times by prior arrangement – if, for example, there are no immediately following bookings, but any variation should be agreed and confirmed with us in writing within 7 days of your arrival date.
3.2. The Owner may choose to supply an inventory for the Property and its contents. Where an inventory has been provided, the Guest is required to check the inventory on arrival (or the following day as appropriate) and inform the Agent of any damage or shortfall to the inventory. Otherwise, it will be assumed that the Property has been accepted in good and clean condition and that the inventory is accurate.
3.3. The Property is let for occupation for the number of persons stated in the booking confirmation. The Agent reserves the right to suspend this contract or make a supplementary charge if the permitted occupancy level is exceeded,
3.4. The Guest shall not to sell or transfer the booking to another party, or sublet the Property without the prior written consent of the Agent.
3.5. The Guest shall not damage the Property. The Guest is required to leave the Property in the good and clean order and repair and in the same clean condition in which it was found at the start of the holiday. Please see clause 7 and clause 8 for further details.
3.6. The Guest shall be responsible that all members of the Group comprising the booking behave in a reasonable and responsible manner during the holiday in regard to the terms of this agreement, and with regard to neighbours of the Property.
3.7. The Guest shall allow the Owner, the Agent, or any authorised workmen entry and reasonable access for the purposes of inspection and repair on 24 hours’ notice (other than in an emergency), and to pay the full replacement cost for any item damaged.
3.8. Security – To comply with the security and safety precautions, rubbish disposal instructions and any other reasonable regulations imposed for the good management of the Property. All windows and doors should be secured and locked whenever the Property is left unoccupied. Keys will be issued at the outset of the letting, and should be returned to the agreed destination upon departure.
3.9. Utility Costs – Our standard policy is that all holiday accommodation prices include electricity, gas and water unless indicated otherwise in the property details. The use of the telephone line (if any) at the Property is not normally included in the rental price.
3.10. Noise – The Guest shall behave responsibly with respect to noise and any other nearby guests or neighbours. Members of the Group and any friends or visitors are also asked to keep noise to a minimum and refrain from any activity that may disturb neighbours before 8am and after 11pm – especially when leaving or returning to the Property.
3.11. Pets – The Guest shall not to keep any pets at the Property unless this has been agreed in writing. Where pets are permitted at a specified Property, the Guest shall only be permitted to bring the pet(s) designated on the booking form. A supplementary charge and additional restrictions may be imposed where permission has been granted for a pet to stay at the Property. Please see clause 10 for further details.
3.12. Smoking – We operate a non-smoking policy throughout all properties. No smoking is permitted in any of the properties.
3.13. Parking – Some properties will have parking restrictions or regulations attached and, where applicable, Guests are required to adhere to these regulations. Details of any parking restrictions or other parking information will be given in the booking details or supplied to the Guest prior to occupation.
3.14. Default – If any of the Group does not comply with these Terms and Conditions, the Agent reserves the right to suspend the occupation of the Property and ask the Group to leave (in serious cases), or make a reasonable charge to cover the cost of the default and any related administrative costs incurred.
4. Payment Terms
4.1. Booking Fee. We require that you make an initial payment of 30% of the holiday cost before a booking can be confirmed. If the booking is made within six weeks of the holiday commencement date, the full holiday rental amount will be payable at the time of booking.
4.2. Damage Deposit. Some owners require payment of a security deposit. If this applies to your chosen Property, this is a direct arrangement between the Guest and the Owner, which we may or may not administer on behalf of the Owner. A Security deposit will be “held” by holding either a cheque or money on the guest’s credit/debit card (through Holiday Rent Payment). We can also allow a bank transfer of £200 if required by the guest. We will not physically take the money unless there are damages at the end of your stay. The guest will be notified in writing of any deductions that are to be made from their security deposit within 14 days of their departure. Details will be retained from the card used to pay the initial booking fee. Please do notify the Agent if there are any changes to credit / debit cards.
4.3. Balance Payment. The remainder of the total holiday cost (comprising property rental, booking fee and any additional charges) is due for payment sixweeks before the holiday commencement date. If the Balance Payment has not been received by the due date, the Guest authorises Byron Woolacombe Holidays Limited to debit any card details held on file for the Guest with the appropriate payment.
4.4. Outstanding Payments. – The Agent reserves the right to re-let any Property where any monies are due more than 14 days in arrears. Any monies paid by the Guest over and above the non-refundable Booking Fee will be refunded. If the Agent is unable to re-let the holiday the Guest will remain liable for the outstanding balance of the cost of the Property for the booking period.
4.5. Payment Method and Charges.
4.5.1. We accept payment by:
126.96.36.199. direct bank transfer,
188.8.131.52. via our online website and payment gateway.
4.6. All payments should be made in Pounds Sterling. Any charges incurred in receiving international payments will be payable by the Guest.
4.7. Booking Alterations. A Guest requiring a booking to be altered once the booking has been confirmed will be charged £20.00 if a revised confirmation is required. The Guest will be responsible for any additional rental charges where the booking alteration involves a higher rental charge. Please see clause 5 for further information.
4.8. VAT. The holiday rental fee may include VAT where applicable. The Booking Fee and other charges payable to the Agent may be subject to VAT at the standard rate.
5. Booking Changes and Cancellation
5.1. All changes and cancellations must be made in writing.
5.2. Cancellations made 6 weeks or more prior to the arrival date will result in the loss of your Booking Deposit and Fee.
5.3. Where cancellations occur within 6 weeks of the arrival date, no refund will be payable and the Guest is liable for 100% of the total holiday cost if the holiday cannot be re-let.
5.4. In the unlikely event that a booking must be cancelled by us in the event of the accommodation becoming unavailable (such as fire or flooding, immediate health risk), we will endeavour to provide the Guest with suitable alternative accommodation. However, should this not be an option available to Byron we will refund all monies paid (or a proportion in the case of curtailment).
5.5. As agent for the Owner, we cannot however accept any liability or pay any compensation or expenses as a consequence of such an event.
5.6. We strongly advise Guests to obtain appropriate holiday and travel insurance to cover themselves against cancellation, illness, theft or similar unforeseen risks.
6.1. We aim to ensure that all our properties are managed to a good standard. In the event of there being cause for complaint concerning a Property, we ask you to contact us within 24 hours, if possible, in order to give us the chance to resolve it quickly. It is important that this is done whilst you are still at the Property so that an on-the-spot investigation can be made if necessary and remedial action taken if required. If a problem is not reported promptly within a reasonable timescale, then the Guest may waive their right to rectification or compensation.
6.2. As Agent for the Owner, we will aim to assist to resolve any problem so reported, but it will remain the primary responsibility of the Owner and the Guest to resolve any disputes arising between them. If your complaint is in relation to your holiday apartment itself, we will refer your complaint to the owner and we can have no further involvement with the matter as per your rental terms.
6.3. Please note we can only apply this complaints procedure to matters relating directly to our services as agent.
6.4. For complaints regarding the facilities and or management of the site please request these details specifically so this can be given to you. We are unable to take any responsibility for site management issues.
In the first instance, we ask that you follow our internal Complaints Procedure by contacting the staff member dealing with your issue in writing by post to:
Your complaint will be acknowledged within 5 working days and responded to in full within 14 days. If your complaint is not resolved satisfactorily, we request that you let us know in writing so that we may escalate to management directly.
7. Damage and Breakdowns
7.1. The Guest must report any breakages or damage caused to the Property as soon as possible and shall be liable for any breakages or other loss caused by any member of the Group, or their visitors or invitees.
7.2. Any faults or breakdowns in the Property, or with its contents or appliances should be reported to the Agent as soon as possible so that repairs or maintenance can be carried out.
7.3. The Guest will be responsible for and agrees to reimburse to the Owner and us all costs incurred by the Owner or us as a result of any breakage or damage in or to the Property which is caused by the Guest or any member of the Group or any other persons invited into the property by the Guest or any member of the Group.
7.4. The Agent and the Owner reserve the right to make a charge where guests have contravened an Owners request for their property to be smoke free. (In order to comply with the Unfair Terms in Consumer Contracts Regulations 1999 the amount of such a charge should not be more than the cost of the cleaning.)
8.1. The Property should be left clean and tidy on departure, and any rubbish should be either removed from the Property or left according to the directions in the property information provided prior to arrival.
8.2. We reserve the right to make a charge if the Property is left in a dirty condition or additional cleaning is required.
8.3. Please notify us if you have left any belongings at the Property after your departure. We reserve the right to make a postage and packing charge for any items that are required to be forwarded, and to dispose of any items unclaimed within 28 days of departure.
9.1. Most of our holiday properties welcome children, but some properties are deemed as unsuitable for children for various reasons (this will be clearly stated in the Property details).
9.2. You are responsible for the supervision of all members of your party under the age of 18. You must supervise your children and babies at all times. This is particularly important in all children’s play areas, in licensed areas, close to ponds and waterways, whilst cycling and in swimming pools. Where children’s facilities and furniture are provided, we shall not be held liable for any damages or injuries that may occur as a result of their use.
10. Pets & Special Pet Conditions
10.1. Pets will only be accepted in our holiday properties where indicated in the booking information, and you must declare any pets on the booking form when making your booking.
10.2. Where permission has been given for a dog(s) to accompany the Guest, the following special conditions will apply (failure to do so may result in you being asked to leave without compensation).
10.3. Dogs must be under strict control at all times while in the Property.
10.4. Any fouling of lawns etc. must be cleared up without delay.
10.5. The Guest or the pet owner must bring the dog’s bed or basket for sleeping in.
10.6. Dogs MUST NOT be left alone in the Property or elsewhere at any time.
10.7. Dogs MUST NOT lie on beds or furnishings, and hair must be well cleared up before departing.
10.8. Dog owners must ensure that their pets are free from parasites and fleas before they occupy the Property. Failure to do so will incur subsequent charges.
10.9. Properties which do not take dogs may have on occasions had guide dogs in them.
10.10. Each dog or pet will incur an extra charge of £20 per week per pet, or £3 per night per pet for short breaks. However any damage (which must be reported to the owner immediately) or excessive cleaning may incur an additional charge, which will be at the Owner’s discretion.
11.1. Neither the Owner nor the Agent can be held liable for any damage, loss, expense, inconvenience, accident, personal injury or death to person or property which may be suffered, incurred, or arise out of or in any way connected with the rental where the Owner, their agents, employees and/or person otherwise under their control, have used reasonable skill and care.
11.2. We do not exclude liability for death or personal injury which arises as a result of our negligence or that of our employees whilst in the course of their employment.
11.3. The Owner and the Agent may use the services of a number of suppliers and subcontractors and can accept no liability for any goods or services provided by these suppliers to our Guests.
11.4. Force Majeure. We cannot accept any liability where we cannot fulfil our obligations to our Guests due to circumstances beyond our control. This would mean any event we cannot foresee with all due care. e.g. (but not limited to riots, war, terrorist activity, civil strife, natural disaster and similar factors beyond our control).
The Agent owns the copyright to all property marketing material contained in the holiday letting brochure and/or website. All electronic data transferred remains the property of the Agent and may not be replicated in part or whole without prior permission.
13. Data Protection
13.1. In order to process your booking and to help us provide you with a more personal service we need to collect certain information from you, including (where applicable) name, address, age of party members, credit/debit card or other payment details, mobile phone numbers and any other special requirements which may affect your arrangements. We use SuperControl to manage our online booking process. We have a written contract with SuperControl to ensure that they will process your data on our behalf in compliance with all applicable Data Protection Laws.
Who will we share your personal information with?
In order for us to provide our services to you we may share your information with the following:-
– owners or agents of holiday properties, if you are making a booking with us;
– individuals who may be renting accommodation from you, if you are the property owner or agent;
– credit/debit card companies;
– suppliers of cleaning, gardening, maintenance and other services, if you are the property owner or agent;
We may also use and disclose your personal data without your permission in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend our legal rights.
13.3. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information other than passing to the property owner the information you provide when making a booking or enquiry. We have no responsibility or liability for the actions of the Owner. We may release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
14. Governing Law
14.1. The agreement is governed by English law.
15. Covid 19, Track and Trace, Refunds
15.1. We need to collect certain information from you, including (where applicable) name, address, age of party members, mobile phone numbers and any other special requirements which may affect your arrangements. Your details will be passed to NHS track and trace if applicable.
15.2 Byron Woolacombe Holiday Lets are under no obligation to refund any guests who have to leave due to a request to isolate from Track & Trace UK, NHS England, Government, Local Government or any other governing body.
15.3 All decsions on refunds, credits, holiday deferrals are under discretion and subject to management approval.