The Terms
and Conditions shown below are based on the EASCO Standard Terms and
Conditions for the letting of a holiday home on a short term
basis.
Please read
these booking conditions carefully as they, together with the specific
information about your confirmed accommodation form the basis of your contract
with The Turbles. In these conditions "the client" or ‘you’ includes the
lead-named person on the booking and all persons on whose behalf a booking is
made. "The owner", ‘we’ or ‘us’ means the owner of the property or someone
acting on the owner’s behalf.
Booking and
payment
When the
lead-named person on the booking makes a booking he/she guarantees that he/she
is aged 21 or over, has the authority to accept and does accept the terms of
these booking conditions on behalf of all members of the party
booking.
A deposit
must be paid at the time of booking. If your reservation is made within 8 weeks
of your travel date the full amount is payable upon booking. No contract will
exist until we receive this amount and confirm your booking. The balance must be
paid at least 8 weeks before arrival. If the balance is not received in full and
on time, we reserve the right to treat the booking as cancelled by you and the
cancellation charges in accordance with the clause below will apply.
If the
arrangements you wish to book are available we will confirm the booking in
writing. A binding agreement will come into existence when we despatch this
confirmation to you.
The party
leader whose signature appears on the booking form (or an electronic or
telephonic agreement of a similar nature) is responsible for listing the name
and addresses of any person that is accompanying them, making all payments due
and notifying us if any changes or cancellations are required as well as for the
conduct of the other members of the party
Alterations
and Cancellation by the Owner
Although it
is unlikely that we will have to make any significant changes to confirmed
arrangements, or that specific accommodation ceases to be available as booked,
this does occasionally happen, and we will try to advise you of any change or
cancellation at the earliest possible date. In this event, we will offer you
equivalent alternative accommodation or (if you reasonably choose not to accept
the alternative offered) we will refund you all money you have paid (including
the deposit).
Cancellation
by the Client
Cancellation
must be in writing by lead name and sent by recorded delivery. Cancellation of
accommodation will be effective from the date of receipt by us of the written
cancellation notice.
Any monies
paid at the date of cancellation are not refundable in the event of cancellation
by the client and the client will be liable to pay the balance of he cost of the
accommodation unless we or the owner is able to re-let the property to another
client. In the latter case will charge you £25 for administrative work along
with the amount of any financial shortfall if the value of the new booking is
less than that of the original booking. If you are covered by holiday insurance
you may be able to recover these cancellation charges.
Alterations
by You
If, after
the contract comes into effect, you wish to change any details of the booking
(e.g. arrival date) we will endeavour to comply.
Prices and
Other Charges
The price
of your accommodation is subject at all times to changes arising from government
action such as changes in VAT or any other government imposed changes which may
result in a variation of your holiday price. We reserve the right to alter any
of our advertised accommodation prices in this event or in the event that we
make an error. You will be advised of the price of the accommodation that you
wish to book before your contract is confirmed. Please note that changes and
error may sometimes occur and we reserve the right to correct them.
We will
make an administrative charge in respect of work and expenses associated with a
cheque that is returned unpaid. (If paid on representation this will not exceed
£50)
Force
Majeure
Except
where otherwise expressly stated in these booking conditions we will not be
liable or pay you compensation if our contractual obligations to you are
affected by any event which we or the supplier(s) of the service(s) in question
could not, even with all due care, foresee or avoid. These events can include,
but are not limited to war, threat of war, civil strife terrorist activity and
its consequences or the threat of such activity, riot, the act of any government
or other national or local authority including port or river authorities,
industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or
biological disaster and adverse weather, sea, ice and river conditions and all
similar events outside our control.
The Owner’s
Obligations to You
We promise
that the accommodation provided at the property will be done so using reasonable
skill and care. This means that we will accept responsibility if, for example,
you suffer death or personal injury or your contracted arrangements are not
provided as promised or prove deficient as a result of the failure of ourselves,
our employees, agents or suppliers to use reasonable skill and care in providing
your arrangements. Further, we will be responsible for what our employees,
agents and suppliers do or do not do if they were at the time acting within the
course of their employment or carrying out work we had asked them to do. It is
your responsibility to show that reasonable skill and care has not been used if
you wish to make a claim against us.
We have no
liability in the following situations:
(i) where
the accommodation cannot be provided as booked due to circumstances beyond our
control
(ii) where
you incur any loss or damage that could not have been foreseen at the time of
your booking, based on the information provided by you.
(iii) where
you incur any loss or damage that relates to any business activity.
(iv) where
any loss or damage relates to any services which do not form part of our
contract with you.
If we are
found liable to you on any basis, we limit the amount we have to pay you to a
maximum of twice the cost of your accommodation. This limit does not apply to
cases involving death or injury.
Your Use of
the Property
The booking
is not transferable. Only those guests whose names and addresses appear on the
booking form or similar paper records may stay overnight in the property unless
the owner gives express permission for overnight guests of the client to be
accommodated in addition to the pre-booked party. Unfortunately it is not
possible to have day guests in the apartments. If persons whose names do not
appear on the booking form or other records, and for whom no permission to stay
has been granted by the owner, are found to be staying overnight in the property
the owner reserves the right to terminate the holiday without
compensation.
The purpose
of the property rental is holiday use only and the client is not permitted to
conduct a business, trade or profession (other than the maintenance of business
communications by telephone, post or electronic means) from the premises without
the written approval of the owner.
The client
and his party are required to apply normal security precautions for the
prevention of theft or burglary including locking of all doors and securing of
all windows when the property is unoccupied and the securing of doors whilst the
occupants are asleep to prevent entry by an intruder.
The client
will leave the property in a clean and tidy condition at the end of the period
of occupation, ensuring that kitchen surfaces are free from grease, and that
litter and refuse is placed in bags or receptacles that are provided for that
purpose. The owner may make a reasonable additional charge for additional
cleaning work if the property is left in a dirty condition or an abnormal amount
of refuse needs to be disposed of.
In the
event of damage to the premises or any of the owner’s property, or loss of the
owner’s equipment, the client must inform the owner immediately (except that
minor damage or loss need not be reported between 2000 hours and 0800
hours).
If we or
any other person in authority is of the reasonable opinion that you or any
member of your party is behaving in such a way as to cause or be likely to cause
danger or upset to any other person or damage to property, we will be entitled
to terminate the holiday of the person(s) concerned. The person(s) concerned
will be required to leave the accommodation or other service and we will have no
further responsibility to them. No refunds will be made and we will not pay any
expenses or costs incurred as a result of the termination.
You will be
responsible for making full payment for any damage or loss caused by you or any
member of your party during your time away. Payment must be paid direct at the
time to the accommodation owner or their agent failing which, you will be
responsible for meeting any claims subsequently made against us (together with
our own and the other party’s full legal costs) as a result of your
actions.
The owner
has a right to enter the property at any reasonable time to effect urgent
essential repairs to the property or the fixtures and fittings of the property
and this right extends to any tradesperson or maintenance worker appointed by
the owner. In an emergency where the safety or security of the premises or the
occupants is endangered, or serious damage to the property would ensue if an
emergency repair were not carried out, this right may be exercised at any time
of the day or night. The owner will endeavour, so far as practicable in the
circumstances, to make the best possible arrangements for the continued comfort
of the client and his/her party, to keep the client informed about the progress
of the work, and to carry out the work at a time convenient to the client where
this can be arranged. The owner may enter the premises at any reasonable time to
carry out an inspection or for other purposes.
Fireworks
are not permitted to be used or brought onto the premises or grounds unless the
owner has given express written permission for them to be used or brought
in.
The client
must treat the property’s neighbours with respect at all times and in particular
must ensure that the level of noise emanating from the property is reasonable at
all times. Between 2300 and 0800 noise must be kept to a low level that does not
cause any disturbance to local residents. The client must ensure that proper
control is exercised over children and animals (if permitted) and that vehicle
doors are closed quietly and horns not used unnecessarily. Refuse must not be
left in a position to cause inconvenience to neighbours and the parking of
vehicles must be carried out with due consideration for neighbours. Animals in
the custody of the client and his/her party (if permitted) must not be allowed
to stray onto neighbours’ property.
No electric
appliances (other than radios, mobile telephones, portable computers, and other
small consumer electronic devices) may be brought into the premises without the
owner’s express permission.
The owner
reserves the right to completely prohibit smoking in the premises or
grounds.
Accuracy
The owner
will describe the property honestly and without omitting significant information
but minor variations from the brochure or website description may occur as a
result of maintenance, painting, improvements or replacement of fixtures and
fittings. The owner undertakes to inform the client of any significant
variations compared to the brochure or website description. Significant
variations are those that, in the opinion of a reasonable person, would have a
substantive effect on the enjoyment of a holiday in the premises.
We take
great care to provide accurate information on the property and general area in
which it is located. However, there may be occasions when facilities which are
not under our direct control may not be available. We will endeavour to inform
you of any such changes in advance, although these will not in themselves
necessarily entitle you to cancel your booking without the usual
penalties.
Complaints
In the
event that the client has a complaint about any aspect of the premises or the
service provided he/she must bring this to the attention of the owner of the
property or someone acting on the owner’s behalf at the earliest opportunity
during your stay in order to give us opportunity to remedy the cause of the
complaint. Any follow-up of the previous verbal notification must be put in
writing within 21 days of the end of your stay at the property. All such
complaints should include all relevant information together with your booking
reference. Failure to do so will affect our ability to investigate your
complaint, and will affect your rights under this contract.
Add
arbitration wording:
Rural
Properties
The client
and his/her party must understand that in the case of a holiday home in a
rural area, the presence of wildlife and farm animals in the area is to be
expected. This can lead to agricultural odours, bird noise, and minor nuisance
from wild animals. These things are part of rural life and must be
expected.
Public
Utilities
The owner
takes no responsibility for the failure of public utilities including suppliers
of electricity, gas, telephone, Internet, cable television or water
services.
VAT
Value Added
Tax is included in the charges quoted for the holiday, if it is
applicable.
Law and
Jurisdiction
English Law
will apply to our agreement and to any dispute or claim which arises between us
out of it. Any such dispute or claim must be dealt with under the ABTA
Arbitration Scheme or by the Courts of England and Wales. Residents of Scotland
or Northern Ireland may however, choose the law and jurisdiction of Scotland or
Northern Ireland as applicable.
Additional
Conditions if Pets are Permitted
Pets may
only be brought into the property with the owner’s written permission and an
additional charge may be made if a pet is to be accommodated. The following
general rules must be observed by persons in charge of pets:
1. Pets
must keep off upholstered furniture
2. Pets
are not permitted to enter bedrooms
3.
Blankets and suitable pet bedding must be provided by the client to protect the
owner’s carpets where applicable
4. Dogs
and cats must not be left alone in the property
5. Dogs
must be kept on a lead in any communal areas to which access is granted and in
the vicinity of farm animals
6. It
is the client’s responsibility to promptly remove dog faeces from any indoor or
outdoor location and to ensure that it is disposed of in a careful manner with
due regard for the comfort and convenience of local residents and other
holidaymakers in the area.
7. Dogs
and cats must be up to date with flea
treatment.
