Kirrin Cottage Booking Terms and Conditions
PLEASE READ THIS CAREFULLY. WHEN YOU MAKE A RESERVATION REQUEST WITH US (WHETHER BY EMAIL, TELEPHONE, POST OR ONLINE), THESE CONDITIONS ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU.
1 Welcome
1.1 Welcome to www.kirrincottageconwy.co.uk (the "Site") which is owned by Lowri Lloyd-Preston.
1.2 These terms and conditions ("Booking Conditions") apply to any reservation you make with us. Please see our Terms of Use for details of those additional terms.
1.3 Please read these Booking Conditions and our Terms of Use together with their related policies carefully before you access or use the Site, or make Bookings, as these terms and conditions will apply when doing so. We recommend that you print or save a copy of these Booking Conditions and the Terms of Use for your reference.
By making any Booking with us, you confirm that you accept these terms and conditions and agree to comply with them.
1.4 We provide this Site so that you can reserve accommodation in Kirrin Cottage Conwy.
"Rental Contract" as the legally binding contract between you and the owner for the Rental Services;
"Rental Charges" the fee payable by you under the Rental Contract that we collect from you in relation to the Booking;
"Deposit" as the initial instalment of the Rental Charges quoted during the Booking process and payable by you when making a Booking;
"Rental Balance" as the balance of the Rental Charges payable by you after payment of the Deposit;
"Holiday Period"as the dates for which you reserve a Property;
"Booking Details" as details specific to your Booking including the Property, Holiday Period and any restrictions notified to you during the Booking process;
"Guests" as holidaymakers other than you that are booked to stay at the Property during the Holiday Period under your Booking.
1.5 Please check these Booking Conditions to ensure you understand the terms and conditions which will apply before making a booking. Your attention is drawn in particular to the sections headed Owners' liability. These Booking Conditions were most recently updated on the date that appears at the top of this page.
1.6 If you have any queries or concerns regarding these Booking Conditions, please contact us using the details set out in the Contact Us section below.
2 Privacy Policy
2.1 We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information, including the information you submit about yourself when making a Booking. By submitting your personal information to us, you agree to our use of that information in the ways described in our Privacy Policy.
3 Property and Rental Services Descriptions
3.1 We make every effort to ensure that the descriptions (including Rental Charges and availability) relating to the Property and Rental Services on our Site are accurate and complete. These descriptions include details of the Property and Rental Services including photos, the availability period of the Property for rental, the Rental Charges and any additional charges, the facilities available at the Property, maximum occupancy numbers, any accreditations, awards or descriptions of quality relating to the Property.
4 Making a Booking
Eligibility
4.1 To be eligible to make a Booking and enter into a Rental Contract you must:
4.1.1 be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
4.1.2 register with us on our Site (in advance or when Booking) or by telephone by providing your real name, phone number, email address and other requested information; and
4.1.3 possess a valid payment method such as a valid debit or credit card or PayPal or any other digital option as stated on the payment page.
Booking methods
4.2 You may make a Booking directly using our Site or by contacting us by telephone or by email using the details in the Contact us section.
4.3 If you provide your Booking details to us by email, we will send to you a link to the Site so that you can make a Booking and pay us online.
The contract between you and us
4.4 By making a Booking with us you are making an offer to:
4.4.1 receive our Booking Service and make payment to the owner (at the relevant time) in respect of the Rental Services;
4.4.2 enter into a Rental Contract with the Owner in relation to the Property you have selected; and,
4.4.3 pay us all amounts due in respect of the Deposit and Rental Charges.
4.5 The following steps have to take place before a contract is made between us for the provision of the Booking Services and between you and the applicable Owner for the provision of Rental Services under a Rental Contract:
4.5.1 you submit your Booking to us on the Site by submitting your Booking Details and your payment details for processing.
For telephone bookings we will read you details of your Booking and Booking Conditions for your confirmation. You may make any required amendments at this point. We will then request your payment details and we will process your payment in respect of your Booking;
4.5.2 you will receive an on-screen acknowledgement of your Booking and a receipt for your payment by email at the address you provided.
For telephone bookings we will verbally confirm your booking reference and will send you a receipt for your payment by email at the address you provided;
4.5.3 we check the availability of the Property relating to your Booking and, provided we have successfully processed your payment, we will send you an email confirming your Booking together with a copy of these Booking Conditions and other details relating to your Booking ("Booking Confirmation");
4.5.4 we accept:
a) your offer to receive our Booking Services;
b) your agreement to pay us all sums due (at the relevant time) in respect of the Rental Charges (including the Deposit);
c) your offer to enter into the Rental Contract,
in each case, at the time we take any payment from you in respect of the Rental Charges. Accordingly, nothing that we say or do will amount to any acceptance of your offer until we actually take any payment from you in respect of the Rental Charges (including the Deposit) at which point a contract will be made between us for the Owner for the provision of the Rental Services under the Rental Contract.
5 Fees, charges and payment
5.1 The fees and charges may change from time to time, but changes will not affect any Booking which we have confirmed with a Booking Confirmation.
5.2 Before submitting your Booking online, you will be presented with details of the total Rental Charges payable for your Booking
5.3 If you are paying a Deposit rather than the entire Rental Charges when making your Booking, you will also be presented with the date by which you will need to make payment to us for the Rental Balance. Please note, we may (but are not obliged to) contact you to remind you of the due date for payment of the Rental Balance.
5.4 We currently accept various forms of payment including via credit and debit card. Please refer to our Payment Methods page for details of the payment cards and other methods of payment that we currently accept.
5.5 We take the payments due at the time of Booking from your chosen payment method once you have entered your payment details and have clicked the 'Confirm Card Details' button, subject to payment authorisation.
5.6 If the Rental Balance or any other additional payments are due after you make your Booking, then:
5.7 If you authorised us to take payment for these amounts from your chosen payment method when you made your Booking, we will automatically take payment from you using your original payment method. If there has been a change to the Rental Charges due to changes in the exchange rates and additional amounts are payable, we will contact you before taking payment. Please see further paragraph
5.8 if you did not authorise us to take payment from your chosen payment method for these amounts when you made your Booking, you will need to make these payments either by using the payment feature within your account on the Site or by contacting us by telephone using the number in the Contact us section below.
6 Payment currencies, interest and credit card surcharges
6.1 During the booking process you may be presented with an option to pay for your Booking in one or more currencies. The payment currencies we accept for a particular Booking will be notified to you during the Booking process. The exchange rate for all payments will be based on exchange rates set by our internal systems which may increase and decrease based on changes in the market. If on the date your Rental Balance is due, changes to these exchange rates result in an increase of 5% or more to the Rental Charges we quoted at the time you made your Booking, then we may increase the Rental Balance to include this additional amount. If you do not wish to pay this amount, you may end your Rental Contract giving notice within 14 days of the date we notify you of the increase.
6.2 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of four percent (4%) a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7 Your right to cancel or transfer a Booking
7.1 Please check all the details in your Booking Confirmation promptly after receiving the confirmation and notify as soon as possible if you think we have made any mistakes or errors with your Booking.
7.2 Please contact us directly using the contact details in the Contact Us section if you would like to amend your Booking. If we agree to amend the Booking, additional charges including additional Rental Charges and/or an administration fee may also be payable to cover our costs of making the amendment. This does not affect your legal rights.
7.3 After you receive your Booking Confirmation:
7.3.1 you will not be entitled to cancel the Booking Services for a particular Booking and obtain a refund unless you're legally unable to travel to Kirrin Cottage Conwy due to Covid-19 lockdown restrictions or you have tested positive with Covid-19.
7.3.2 you will not have a legal right to cancel the Rental Contract as the Rental Services provided under it are accommodation and leisure services for which the contract provides a specific period of performance. Given the exceptional circumstances of the pandemic we are currently agreeing to provide a full refund if you have to cancel due to Covid -19 restrictions on travel or because you / a guest has tested positive for Covid-19.
7.4 You may not transfer your Rental Contract to another person. If you do not stay at the Property during the Holiday Period but your Guests do, you will still be legally responsible for all your obligations under the Rental Contract and these Booking Conditions and your Guests' compliance with them.
8 Cancellations of your Booking by us and Owners
8.1 We may cancel your Booking if:
8.1.1 Bookings have not been made on the specified change over days on Monday and Friday. When booking we ask that 7 night stays are booked Friday – Friday and short breaks are booked Friday-Monday or Monday-Friday. Unless special agreement is made prior to booking with the owner we reserve the right to cancel your booking if you do not stick to the requested changeover days.
8.2 we become aware of any health and safety or quality-related issue with the applicable Rental Services or Property or its immediate surroundings (for example contamination to the Property's water supply) or due to circumstances or events outside our reasonable control.
8.2.1 If we cancel a Booking in accordance with this paragraph 8.2, we may (but are not obliged to):
arrange alternative accommodation for you and your Guests of an equivalent type and standard in a similar location. We will not be liable for any costs associated with arranging alternative accommodation and such alternative may be subject to the payment of additional charges by you if the Rental Charges for the alternative are higher than those under the cancelled Booking; and/or
8.2.2 we will provide a refund of any amounts paid by you to us in relation to the cancelled Booking.
9 Your responsibilities
9.1 You must make sure that all the information you provide to us in connection with your Booking is true, accurate, current and complete. If any of your details change (e.g. email address, postal address), you must promptly update your details.
9.2 You accept financial responsibility for all transactions made under your name or account.
9.3 You promise to us that during the Holiday Period:
9.3.1 that the number of people and pets occupying the Property will not exceed the number stated on in your Booking Confirmation;
9.3.2 that the Property will be used solely for the purpose of a holiday by you and your Guests;
9.3.3 that you will (and ensure that your Guests will) show all due consideration and respect for the Owner and their representatives and neighbours or other persons or parties that have a connection with the Property. This includes refraining from abusing your stewardship of the Property or dangerous, offensive, violent or anti-social behaviour towards such persons or parties;
9.3.4 that you will (and ensure that your Guests will) use the Property and Rental Services lawfully, will not abuse any facilities provided as part of the Rental Services and will comply with any health and safety or other policies or instructions notified to you by us or the Owner in connection with the Property or Rental Services;
9.3.5 to allow the Owner or his representative to access the Property at any reasonable time during the Holiday Period provided the Owner provides reasonable advance notice (except in emergencies);
9.3.6 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 Period and to ensure that at the end of that period the Property is left in the same state of order and cleanliness in which it was found. The Owner may make an additional, reasonable charge for professional cleaning after your and your Guests' occupancy as may be required to return the Property to its original state of cleanliness and tidiness;
9.3.7 to report as soon as possible to the Owner (or his representative) any breakages or damage caused by you or your Guests during the Holiday Period. Without affecting any other remedies that the Owner has under the Rental Contract, you promise to fully reimburse the Owner for the cost of replacement or repair for such breakages or damage. We may collect such payments on the Owner's behalf;
9.3.8 to arrive after 3 p.m. on the arrival day and to vacate the Property by 10 a.m. on the day of departure unless you have selected alternative check-in and check-out dates during the Booking process (as detailed in your Booking Confirmation) or agreed otherwise with the Owner;
9.3.9 not to allow any person other than you and your Guests to use the facilities and amenities of the Property without the express permission of the Owner; and
9.3.10 to notify all Guests before the Holiday Period starts of your and their obligations under this paragraph 9
9.4 You will be responsible for all Guests staying at the Property and the things they do (and do not do) even if you do not stay there yourself during the Holiday Period.
9.5 It is your responsibility to ensure you, your Guests and any pets have the relevant travel and health documents and requirements needed for visiting the country in which a Property is located. These include any passport or other identification documents, visa requirements and, in the case of pets, any vaccines or microchips. We will not be liable for any expenses incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with such requirements.
9.6 In the event that you or any Guest fails to comply with the requirements set out above in paragraph 13.3, the Owner (or their representative) can refuse to allow you and your Guests to enter and stay at the Property or can require you and your Guests to leave the Property before the end of the Holiday Period. In either case, you will be treated as having broken the terms of Rental Contract and the provision set out in the Owners' right to end a Rental Contract section will apply.
10 Owners' responsibilities
10.1 The Owner will:
10.1.1 perform the Rental Services using reasonable care and skill;
10.1.2 as soon as possible, notify you in writing of any changes to the description of the Property and/or Rental Services relating to your Booking which would make our descriptions of the Property inaccurate, incomplete or misleading;
10.1.3 ensure that the Property is vacant and that you and your Guests have exclusive access to the Property and Rental Services for the full period of the Holiday Period;
10.1.4 ensure that suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
10.1.5 not make any use of the Property (including conducting any viewings of the Property) during the Holiday Period;
10.1.6 show all due consideration and respect to you and your Guests including refraining from any dangerous, offensive, violent or anti-social behaviour towards you and your Guests;
10.1.7 will ensure that the Owner, the Property and the Rental Services comply with all applicable laws and regulations during the Holiday Period;
10.1.8 comply with the terms of the Rental Contract and act in good faith at all times;
10.1.9 respond to queries, complaints and problems which arise during or after the Holiday Period and use its best efforts to resolve them; and
11 Pets
11.1 You will be liable for all damage caused by your and your Guests' pets. If you are allowed a pet/pets in the Property, you should remove all traces (inside and outside) from the Property of pet occupation before you and your Guests' vacate the Property at the end of the Holiday Period. The Owner may make an additional, reasonable charge for professional cleaning after your and your Guests' occupancy due to any pets that have stayed at the Property. You must not allow pets on beds or on furniture within the Property and pets must not be left alone in the Property at any time. If you break the terms of this paragraph 11 the Owner (or their representative or us on their behalf) may notify you that you have broken those terms and if you continue to do so may end the Rental Contract and require you and your Guests to leave the Property before the end of the Holiday Period.
12 Insurance
16.1 You are strongly advised to take out adequate travel insurance prior to departing for your holiday. It is your responsibility to check that your insurance cover is adequate.
13 Promises the Owner makes to you about the Property and Rental Services
13.1 The Owner promises to you that:
13.1.1 the Owner will maintain, at the Owner's expense and with a reputable insurance company, policies to meet the Owner's liabilities under the Rental Contract with you;
13.1.3 the Property and the Owner will comply with all applicable laws and regulations, in particular, relating to fire, health, safety and planning and data protection; and
13.1.4 the Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period.
14 Owners' liability
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Rental Services including the right to receive the Rental Services supplied with reasonable skill and care.
14.2 If either you or we fail to comply with the terms of the Rental Contract, including these Booking Conditions, neither you nor the Owner shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with those terms. Losses are foreseeable where they were contemplated by you and the Owner at the time we accept a Booking made by you.
15 Your rights as a consumer
15.1 You have certain legal rights as a consumer under the law and nothing in these Booking Conditions affects your legal rights. Advice about your legal rights in relation to the services we and Owners provide is available from your local Citizens' Advice Bureau or Trading Standards office. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
16 Your right to end a Rental Contract
16.1 You may immediately end a Rental Contract:
16.1.1 if we have told you about an error in the charges or Booking Details or a significant error in the description of the Rental Services relating to your Booking and you notify us that you do not wish to proceed; or
16.1.2 if we notify you about a change to the Rental Charges due to changes in the applicable exchange rate and you notify us that you do not wish to proceed.
16.2 Nothing in this paragraph 16 affects or reduces your legal rights as a consumer.
17 Owners' right to end a Rental Contract
17.1 we may immediately terminate their Rental Contract with you if:
17.1.1 you and your Guests do not comply with the obligations set out above
17.1.2 you do not comply with the applicable rules on pets in accordance with paragraph 11;
17.1.3 circumstances or events outside our reasonable control prevent or are likely to prevent you and your Guests from staying at the Property for the Holiday Period or the Owner from complying with any other of its obligations under the Rental Contract.
18 Complaints
18.1 If you have any complaint about Rental Services or the Property please contact us by telephone number 07721787237 [(or via the Site)]
If you are still staying at the Property and wish to make a complaint about a Property or Rental Service, we would suggest that in the first instance you contact the Owner (or their representative) as soon as possible.
19 Other important terms
19.1 Written Communications. You agree to receive communications from us and Owners electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
19.2 Language. These Booking Conditions may be presented to you in more than one language. However, the English language version of these Booking Conditions shall prevail. Any contracts made under these Booking Conditions will be concluded in English.
19.3 Our reliance on these Booking Conditions. We, the Owner intend to rely on these written Booking Conditions and any document expressly referred to in them in relation to the subject matter of any contract made under them. We and you and each Owner will be legally bound by these Booking Conditions.
19.4 References to 'including' and other similar expressions. In these Booking Conditions, words that appear after the expression 'include', 'including', 'other', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
19.5 Events or circumstances beyond our reasonable control. If we are prevented or delayed from complying with any obligations under these Booking Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our or an Owner's reasonable control, the inability or delay in performing those obligations will not be treated as a breach of the terms of these Booking Conditions. Examples of such events or circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
19.6 If a court finds part of these Booking Conditions or any contract to which they apply illegal, the rest will continue in force.. Each of the paragraphs of these Booking Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.7 Even if we delay enforcing a contract made under these Booking Conditions, we can still enforce it later. If we or an Owner do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we or an Owner delay in taking steps against you in respect of you breaking a contract made under them, that will not mean that you do not have to do those things and it will not prevent us or an Owner (as applicable) taking steps against you at a later date. For example, if you miss a payment and an Owner does not chase you but continues to provide the Rental Services, they can still require you to make the payment at a later date.
19.8 Which laws apply to these Booking Conditions and any Contract between us and where you may bring legal proceedings. These Booking Conditions and any contracts made under them are governed by English law and you can bring legal proceedings in respect of any such contracts in the English courts. If you live in Scotland you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the Northern Irish or the English courts. If you live in the Republic of Ireland you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the courts of the Republic of Ireland or the English courts.
19.9 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we hve handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/idrs/. IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
20 Changes to these Booking Conditions
20.1 We may make changes to these Booking Conditions at any time by sending you an email with the modified Booking Conditions or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes. The modified Booking Conditions will not apply to any Bookings that we confirm with you before the date the modified Booking Conditions come into effect.
20.2 No representative, agent or sales person has the authority to vary, amend or waive any of these Booking Conditions. No amendment, variation or waiver of any of these Booking Conditions will be valid or have any effect unless accepted by us in writing.
27 Contact us
27.1 This Site is owned by Lowri Lloyd-Preston.
Email address: lowri@kirrincottage.co.uk
Telephone number: 07721787237