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The following Terms and Conditions
form the basis of your contract with us. They set out our respective
rights and obligations and you should therefore read them carefully before
booking Cherry cottage.
1. Booking
procedure
To make your booking, each person must complete and sign our booking
form. The booking is subject to these booking conditions. You will be
responsible for all payments due in respect of the arrangements purchased.
The booking form must then be forwarded by fax or post (no email) together
with a deposit of £100.00 (unless booking 1 calendar month or less before
departure, in which case full payment must be made at the time of
booking). In addition, it is essential you take out appropriate insurance
cover at the time of booking. You must make your own insurance
arrangements and you are referred in particular to clause 4 below. Upon
receipt of your booking form and all appropriate payments, we will confirm
your booking by issuing a letter of confirmation and invoice. All bookings
are subject to availability. The letter of confirmation will detail any
special arrangement that we have agreed to provide and forms part of your
Holiday Contract. It is important that you check the confirmation letter
and invoice upon receipt and raise any queries immediately. Queries that
are not immediately raised may not be capable of correction or, where they
are, may incur an additional administration fee. It is your responsibility
to ensure that all details contained in the letter of confirmation and
invoice are correct.
2. Existence of Contract
The binding contract between us comes into existence when we dispatch
our confirmation letter and invoice to you.
3. Payment
We require a minimum payment of £100.00 per booking prior to
confirmation of your holiday. For bookings made 4 weeks or less before
departure, full payment is required at the time of booking. The balance of
the holiday price must be received by us not less than 1 calendar month
prior to departure. After we have dispatched our letter of confirmation
and invoice, no further reminders will be sent. If payment is not received
in full and on time, we reserve the right to treat your booking as
cancelled by you. In this case the cancellation charges set out in clause
7 below will be payable. You may pay by cheque (UK bank or building
society), sterling bankers draft or cash (sterling). In the event of
dishonor of any cheque we will charge £25.00 to cover our administration
costs.
4. Insurance
Please ensure that you are fully covered in terms of insurance for
your holiday. The risks that appear below are set out for your
consideration only and are not intended to be exhaustive. You are strongly
advised to seek advice from your insurance broker and/or your insurance
company for the purpose of this condition 4:
a. medical treatment and repatriation;
b. cancellation and/or curtailment of holiday;
c. loss or theft of personal effects;
d. hospital benefits;
e. personal accident;
f. personal liability;
g. travel delay
h. emergency rescue
i. legal expenses.
You agree to indemnify us from any claim whatsoever arising from your
failure to comply with this condition 4.
5. Changes by you to your holiday
Should you wish to make any changes to your booking after we have
issued your letter of confirmation, you must advise us in writing. Whilst
we will endeavor to assist, we cannot guarantee we will be able to meet
any such requests.
If you are unable to travel, you may be able to transfer your booking to
another date depending on availability and providing that you notify us
not less than four weeks prior to departure. Please see cancellation
charges below if it is not possible to change the date of your
reservation, or if you are notifying us less than 4 weeks prior to
departure.
6. Cancellation of your holiday by you
Should you or any member of your party cancel your holiday after the
letter of confirmation has been issued, you must immediately advise us in
writing. Cancellation charges will then be payable as set out below to
compensate us for the cost of making your booking and the risk that we may
be unable to re-rent the cottage. These charges are calculated from the
date that written notice of the cancellation is received by us, as a
percentage of the total price payable and any amendment charges which are
non refundable in the event of your cancellation.
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Period before departure within
which written notification of cancellation is received by us
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Cancellation charge
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More than 30 days
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Deposit
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30 - 15 days
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50%
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14 or less days
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100%
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The person who signed the booking form is liable to pay any cancellation
charge payable under this clause.
7. Changes by
us
We try to avoid making changes to your holiday. However, sometimes
changes are unavoidable and it is sometimes necessary to make alterations
to the published details of the cottage both before and after bookings
have been confirmed. We reserve the right in our absolute discretion to do
so. On occasions we may find it necessary to make a significant change. A
significant change is one made before departure, involving a change of
your arrival or departure time by more than 12 hours. If it is necessary
to make a significant change before departure, we will advise you as soon
as practicable. If there is time to do so before departure we will then
offer you the choice of: -
(a) accepting the changed arrangements as notified
to you or
(b) booking an alternative date (if the holiday is
less expensive than the original one, we will refund the difference, if it
is more expensive, you will have to pay the difference) or
(c) canceling your booking and receiving a full and
prompt refund of all monies paid to us. If it is necessary to notify you
of a significant change 8 weeks or less before departure, we will in
addition, pay you compensation as set out in the scale appearing below,
subject to the following exceptions. Compensation will not be payable and
no liability beyond offering the above mentioned choice can be accepted
where the change is made as a result of unusual and unforeseeable
circumstances beyond our control, the consequences of which we could not
have avoided even with all due care. For significant changes, any
liability we have is limited to offering the above choices and the
compensation payments (where applicable) set out below. No compensation is
payable if we notify you of any change more than 8 weeks before departure.
We cannot be responsible for any costs or expenses you may incur as a
result of any change. No compensation is payable for minor changes. Minor
changes do not entitle you to cancel or change to another holiday without
paying the normal charges.
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Period before departure a
significant change or cancellation is notified to you
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Compensation per booking
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More than 14 days
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£35
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14 or less days
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£55
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8. Cancellation
by us
On rare occasions, it may be necessary to cancel a confirmed
reservation. We must reserve the right to do so. However, we will not
cancel within 8 weeks of departure unless you have failed to make payment
in full and on time or we are forced to do so as a result of circumstances
beyond our control. Where your booking is cancelled other than due to your
default in payment, we will offer you the choice of transferring your
reservation to an alternative available date (if the holiday is less
expensive than the original one, we will refund the difference, if it is
more expensive, you will have to pay the difference) or receiving a full
and prompt refund of all monies you have paid to us. In addition, if we
notify you of cancellation 8 weeks or less before departure, we will pay
you compensation as set out in clause 7 “Changes by us" above
subject to the following exceptions. Compensation will not be payable and
no liability beyond offering the above mentioned choices can be accepted
(1) where we are forced to cancel as a result of unusual and unforeseeable
circumstances beyond our control, the consequences of which we could not
have avoided even with all due care or (2) where an insufficient number of
people book your chosen holiday and we notify you that we are canceling
for this reason not less than 4 weeks before departure. In all cases, our
liability is limited to offering the above choices and the compensation
payments (where applicable) set out in clause 7. No compensation is
payable if we notify you of cancellation more than 8 weeks before
departure. We cannot be responsible for any costs or expenses you may have
as a result of cancellation. Very rarely, we may be forced to curtail your
holiday after the date of departure where circumstances amounting to
"force majeure" as described in clause 10 below occur. In this
very unusual situation, we regret we cannot make any refunds (except where
refunds are obtained from any supplier), meet any costs or expenses you
may incur as a result or pay any compensation.
9. Force majeure
We regret we cannot accept liability or pay any compensation where the
performance or prompt performance of our contractual obligations is
prevented or affected by "force majeure." In these booking
conditions, "force majeure" means any event which we or the
supplier of the service(s) in question could not, even with all due care,
foresee or avoid. Such events may include war or threat of war, riots,
civil strife, terrorist activity, industrial dispute, natural or nuclear
disaster, adverse weather conditions, fire and all similar events outside
our control.
10. IMPORTANT – OUR LIABILITY TO YOU
PLEASE READ THIS CLAUSE CAREFULLY AS IT PLACES LIMITS UPON OUR LIABILITY
TO YOU.
We accept responsibility for ensuring that all parts of our contract
with you are properly performed subject to the following exceptions. We
cannot accept liability where any failure to perform or improper
performance was due to: -
1. the act(s) and/or omissions of the person(s) affected or any member(s)
of your party or
2. those of a third party not connected with the provision of your holiday
and which were unforeseeable or unavoidable or
3. an event which either ourselves or the supplier of the services in
question could not have foreseen or forestalled even with all due care.
In all cases except where personal injury, illness, death, loss and/or of
luggage or personal possessions (including money) results or a lower
limitation applies, our maximum liability is limited to the price
(excluding insurance premiums and amendment charges) paid by or on behalf
of the person(s) affected in total. Please note, we cannot accept any
liability for any damage, loss, expense or other sum(s) of any description
which (a) on the basis of the information given to us by you concerning
your booking prior to our accepting it, we could not have foreseen you
would suffer or incur if we breached our contract with you or (b) did not
result from any breach of contract or other fault by ourselves or our
employees or, where we are responsible for them, our suppliers.
Additionally, we cannot accept liability for any business losses. In the
case of loss and/or damage to and/or luggage or personal possessions
(including money), our liability is limited to £25 per person as you are
assumed to have taken out adequate insurance at the time of booking.
Where any payment is made to you or any member of your party that person
must assign to ourselves or our insurers any rights they may have to
pursue any third party. You must also provide ourselves and our insurers
with all assistance required.
11. Complaints
In the event of any complaint arising during your holiday, you must
immediately notify us and the supplier of the service(s) in question who
will offer such assistance as they are able. If you are still not
satisfied on your return home, you must write to us with full details of
your complaint within 14 days of the end of your holiday. For all
complaints and claims which do not involve personal injury, illness or
death, we regret we cannot accept liability to fail to notify the
complaint or claim entirely in accordance with this clause.
12. Flights
We do not arrange the flight element of your holiday. It is your
responsibility to make these arrangements and to ensure that your flights
coincide with your required dates of arrival and departure. We do not
accept any liability for any curtailment of your holiday by reason of any
delay arising from your flight arrangements. We regret that we cannot
offer any assistance in the event of delay of your outward or homeward
flight.
13. Special requests
If you have any special request, please clearly note it on your
booking form. Unless we have agreed in writing to provide such a
service or facility, failure to meet any special request will not be
breach of contract on our part.
14. Your obligations
You undertake to consult with your general practitioner in connection
with any existing or previous condition which may impact upon your ability
to take part in any activities you may undertake as part of your holiday.
Any such condition should be disclosed to us at the time of booking and to
your insurance company.
When you book a holiday with us, you accept responsibility for any damage
or loss caused by you or any member of your party. Full payment for any
such damage or loss must be made at the time to ourselves or any third
party concerned. If you fail to do so, you must indemnify us against any
claims (including legal costs) subsequently made against us as a result of
your actions. We expect all clients to have consideration for other
people. If in our reasonable opinion or in the reasonable opinion of any
other person in authority, you or any of your party behave in such a way
as to cause or to be likely to cause distress, danger or annoyance to any
third party or damage to property, we reserve the right to terminate the
booking of the person concerned without notice. In this situation, our
responsibilities towards that person will immediately cease and we will
not be responsible for meeting any costs or expenses they may incur as a
result. We will not make any refunds or pay any compensation.
15. Passport and visa requirements
We regret we cannot accept any liability if you are refused entry onto
any flight or into any country due to failure on your part to carry the
correct passport, visa or other documents required by any airline or
authority. It is your responsibility to ensure that you have the correct
travel documents necessary for your holiday.
16. Descriptions and content of brochure
We believe that the website information, descriptions and details of
Cherry Cottage and the local area are accurate and correct to the best of
our knowledge and belief at the time of publication to the Internet.
However, by necessity, the information, descriptions and details are
compiled in advance of publication and may therefore differ at the
date of departure. We have given all such details, information,
descriptions and details in good faith and any changes are likely to be of
a minor nature and should not affect enjoyment of your holiday.
17. Governing law and jurisdiction
Your contract with us is made in England and shall be governed by
English law. You submit to the exclusive jurisdiction of the courts in
England
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