1. (a) In entering into the contract you are deemed to have read, understood and accepted these booking conditions, the entire contents of our current brochure and the ‘Frequently Asked Questions’ responses. Each contract for the hire of a property is made on and subject to these booking conditions, the entire contents of our current brochure and the ‘Frequently Asked Questions’ responses, all of which are legally binding and form part of the contract (“Contract”). In the event of any conflict or contradiction between the ‘Frequently Asked Questions’ responses, the brochure and/or website and these booking conditions, then these booking conditions shall apply. All Contracts are between (1) the customer (“you”) and (2) the owner of the relevant property (“Owner”). Coastal Cottages of Pembrokeshire Limited (“we” or “us”) is authorised by the Owner to act as the Owner’s agent in entering into Contracts and administering the booking process on behalf of the Owner. For the avoidance of doubt, we are not agent’s of the customer.
(b) The Contract with you binds you (the person named on the booking confirmation), and all members of your party. By entering into this Contract you agree that you will, and will procure that all members of your party will, comply in all respects with the terms of the Contract. Furthermore, all members of your party must accept this Contract and by entering into this Contract you confirm that all such members of your party have read, understood and accepted the terms of the Contract and have authorised you to confirm such acceptance of their behalf.
2. Coastal Cottages of Pembrokeshire Limited is responsible for administering your booking but at all times acts as an agent under the direction and control of the Owner. Any involvement in the day-to-day management of any property is undertaken solely on the Owner’s behalf and under his/her instructions. Accordingly, Coastal Cottages of Pembrokeshire Limited can accept no responsibility for any problems that may arise with any property and all legal responsibility therefore remains with the Owner.
3. (a) All information in this brochure, on our internet site and provided verbally is given in good faith and is materially accurate to the best of our knowledge. However, although we take all reasonable steps to ensure that our records, brochure and website are up to date, we do not have exclusive control of any property and/or its amenities and facilities and accordingly we cannot give any guarantees as to the accuracy thereof. Any advice, guidance and/or recommendation given by any of our staff is a personal opinion only and will not constitute any warranty, guarantee, term or condition.
(b) Any information published in our brochure or on our website is subject to change and we reserve the right to make changes to such information (including without limitation the advertised price) where necessary at any time. In the event that there is an error or omission in the brochure or the website, we reserve the right to amend such error or omission accordingly and you agree that the amended position will apply to your booking. Neither we nor the Owner shall be responsible or liable for any loss, damage, expenses or costs incurred as a result of such an error or omission, and refunds or compensation will not be considered in such circumstances.
4. (a) We recommend that bookings are provisionally made by telephone to ensure availability. Provisional telephone bookings will be held for such period as specified by our advisor at the time of making the provisional telephone booking (but for no more than 48 hours) and will not be confirmed until a completed booking form and the requisite payment (see condition 5 below for payment terms) is received by us. Bookings made through our website will not be confirmed until online payment has been cleared and requested party details received (see condition 4(c) below) and your booking has been confirmed by us, upon which the Contract will be formed. Please note that all bookings are subject to availability and we are under no obligation to accept any booking request which is made by you. If we do not accept your booking, we will promptly return any payment already made by you. Details regarding how to provisionally hold a property and the fee involved are as set out in the ‘Frequently Asked Questions’ responses.
(b) Following receipt of confirmation of the booking from us, the Owner may, in limited circumstances, make amendments to such a booking at their absolute discretion within 5 calendar days of your receipt of the confirmation of the booking. In the event that any amendment is made to the booking within this 5 calendar day period, we will inform you of such change which shall then apply to your booking accordingly. In the event that you do not agree to the amendment/change and provided that we are of the opinion that such amendment has a material effect to the booking, you must inform us within 48 hours of you being informed of the change; following which we will refund such proportions of monies paid by you to us in relation to the property. We will be under no obligation to give a refund after the 48 hour period.
(c) Upon making a booking, you must provide to us the name, age, address and gender of each member of your party before we can confirm your booking. Unless we agree otherwise, you must be a member of your party.
5. (a) Bookings made two months or more prior to the first day of the property hire period must be accompanied by (i) a deposit of 30% of the total property rental price (or 15% of the total property rental price where the “Puffin Payment” option is taken - see ‘Frequently Asked Questions’ for further details); and (ii) the full cost of any additional charges that may apply to the booking (including but not limited to fuel charges, towel hire charge, pet charges), as set out in our brochure or website and/or advised at the time of booking. Bookings made less than two months prior to the first day of the property hire period must be accompanied by payment in full of the total rental price for the property and any other additional charges as set out at condition 5(a)(ii) above. Payment may be made by personal cheque, debit card, credit card or such other method as agreed by us. Where a booking is made two months or more prior to the first day of the property hire period, unless payment in full of the total property rental price is received by us at least eight weeks prior to the first day of the property hire period, we will be entitled to treat such booking as cancelled and the provisions of condition 9 will apply.
(b) An additional 3% charge on any debit or credit card payment made by you will be applied to any payment made for any booking. Please note that we reserve the right to change such a charge from time to time.
(c) An optional £2 may be added to your bill as an environmental fee that is invested into local projects in Pembrokeshire. 100% of the money goes into these projects and they range from beach clean ups and research to rejuvenation. Please indicate to our booking advisor or online where appropriate if you wish this to be included.
6. Subject to condition 7 below, a confirmed booking entitles you to occupy the relevant property from 3pm on the first day of the property hire period to 10am on the last day of the property hire period. Under no circumstances will you have exclusive occupation of the property at any time and we, the Owner or our representatives retain the right to enter the property at any reasonable time for any reasonable cause, and including without limitation the carrying out of any repairs deemed reasonably necessary to the property and/or its contents and facilities and immediately in the case of an emergency.
7. Whilst we will take all reasonable steps not to do so, we must reserve the right to cancel any booking at any time. In such circumstances we will, to the extent reasonably possible, offer you the choice of an alternative property or a full refund, less a pro rata sum for each day or part thereof that you occupy the property. Neither we, nor the Owner, will have any other liability whatsoever in respect of such cancellation. If we offer and you accept an alternative property, a Contract between you and the owner of the alternative property will be deemed to be formed on and subject to these booking conditions, the entire contents of our current brochure and the ‘Frequently Asked Questions’ responses.
8. All and any cancellations by you must be made in writing and all purported cancellations not made in writing will have no effect. If written cancellation is made two months or more before the first day of the property hire period, we will use all reasonable efforts to re-let the property for the hire period and will act reasonably in doing so. If successful, we will refund such proportion of monies paid by you as we are able to recover from such re-letting, less an administrative charge of £50.00 + VAT for each separate booking required to re-let the property for the entirety of the cancelled period. If we are unable to re-let the property for the entirety of the cancelled period, we will be entitled to retain the daily price for the number of days the property is un-let during the cancelled period, up to a maximum of the deposit paid by you (including the full cost of additional charges that may apply to the property).
9. If a booking is cancelled by you in writing less than two months before the first day of the hire period, we will use all reasonable efforts to re-let the property and will act reasonably in doing so. If successful, we will refund such proportion of the monies paid by you as we are able to recover from such re-letting, less an administrative charge of £50.00 + VAT for each separate booking required to re-let the property for the entirety of the cancelled period. If we are unable to re-let the property for the entirety of the cancelled period, we will be entitled to retain the daily price for the number of days the property is un-let during the cancelled period, up to a maximum of the total price for the property (including the full cost of additional charges that may apply to the property).
10. If the total price for any booking has not been paid as at the date of cancellation, you will remain liable for any monies due and incurred (including without limitation the administrative charge) pursuant to conditions 8 and/or 9 and we will be entitled to invoice you for such monies. Our invoices are payable by you within thirty (30) days of the invoice date.
11. Any monies retained by us pursuant to conditions 8 and/or 9 in respect of any cancellation (other than the administrative charge) will be reimbursed to you under the Holiday Cancellation Insurance included within the price of your holiday if the cancellation is covered by the terms of such insurance. Bookings valued at £200 or less do not automatically include cancellation insurance. Please see page 222 of our brochure or our website for more details and for details of the terms and conditions which apply to the insurance policy.
12. (a) If you need to make any changes to your booking two months or more prior to the first day of the property hire period, including date and/or property changes, we will use reasonable endeavours to accommodate such changes but this is strictly subject to availability and if we are not able to accommodate your requested changes, your original booking will remain in effect. If we are able to make the changes requested, we reserve the right to make a £50.00+VAT administrative charge for each change, and charge you any additional rental or other charges associated with the change request which you will be liable to pay before any change becomes effective. If any change which we make to your booking in accordance with this condition 12 is a change to the property originally booked, a Contract between you and the owner of the alternative property will be deemed to be formed on and subject to these booking conditions, the entire contents of our current brochure and the ‘Frequently Asked Questions’ responses. If you have already paid us more than the total price for the alternative property together with any administrative charges + VAT levied by us pursuant to this condition 12, we will refund the difference to you. If the total price for the new property together with any administrative charges + VAT levied by us pursuant to this condition 12 exceeds the total price for the original property, you must pay the difference to us. If you fail to pay such sum to us at least 8 weeks prior to the first day of the property hire period or, if later, within 7 days of the date of our invoice, we will be entitled to treat the booking as cancelled and the provisions of condition 9 will apply. (b) We will have no obligation whatsoever to attempt to make any changes to your booking requested less than two months prior to the first day of the hire period, but may, in our sole discretion, elect to comply with your request subject to a £50.00+VAT administrative charge for each change. Should we agree to your request, condition 12a will apply.
13. As a condition of your booking, you warrant and undertake:
(a) that all information provided to us, including without limitation all party details, is true and accurate in all respects;
(b) to leave the property, its contents and facilities in the same state of repair and condition upon vacation as they were at the start of the property hire period;
(c) at the end of the property hire period, to leave the keys in the same place as they were found at the beginning of the property hire period or as advised on the directions or in the information provided at the cottage;
(d) to pay, at reasonable cost, for all repairs and all replacements of items rendered, in our opinion, beyond repair required as a result of your occupation of the property. Purchase of replacements directly by you may be permitted provided that damages are notified as soon as possible and at all times whilst you are in occupation and an appropriate replacement is agreed in advance with us or the Owner;
(e) to pay, at reasonable cost, any costs which may be incurred as a result of your occupation of the property which we may deem appropriate and which may be payable by us in order to keep the property in good order for future guests. Such costs could include without limitation any item hire costs incurred until replacement items can be sourced or any compensation which may be payable to future guests as a result of your occupation of the property;
(f) to act promptly and reasonably in respect of any problems arising at the property and to bring these to the attention of us and/or the Owner as soon as reasonably practicable;
(g) not to use the property for any non-residential or non-holiday purpose without the express prior consent of the Owner;
(h) to take all reasonable safety and security measures at the property during the property hire period, including without limitation all reasonable precautions to avoid the risk of fire and to keep the property locked when unattended (including without limitation all windows and doors);
(i) not to engage in anti-social behaviour and/or criminal activity and to respect other local residents and the locality;
(j) to keep noise at an acceptable level during the property hire period;
(k) comply with all arrangements for waste disposal explained in the instructions left at the property, and in any event ensure that all waste is disposed of in an appropriate and hygienic manner;
(l) to comply with the specific requirements of the property, including but not limited to, the maximum permitted occupancy, any prohibition on pets and any prohibition on smoking as detailed in our brochure or website or otherwise notified to you by us or the Owner;
(m) to comply with all health and safety and fire regulations which may apply to the property and any other written or oral instruction notified to you by us or the Owner;
(n) that there is at least one capable and responsible adult over the age of 18 staying at the property who is responsible for the supervision of all members of your party under the age of 18. Children remain the responsibility of their parents or guardians at all times;
(o) not to share the property with anyone who is not a member of the party and not to allow your guests to stay overnight;
(p) to keep any permitted pets under control at all times, not to allow pets into bedrooms or onto furniture, not to leave pets unattended in the property and to be responsible for their pets including but not limited to financially responsible for any damage caused or costs incurred by your pets and for cleaning up after your pets in all respects as a result of your pets use of the property, garden and surrounding areas;
(q) to use fuel and utilities sensibly and appropriately and to be responsible for any additional charges made by the Owner (at the Owner’s absolute discretion) for excessive fuel and/or utility consumption during your stay.
14. In certain circumstances, the Owner requires us to take a bond in respect of your stay at the property. This bond is in addition to the deposit paid by you pursuant to condition 5(a) and, if required, is normally taken 2 weeks before your scheduled arrival at the property. Any refusal by you to pay any such bond will mean that the booking cannot be made or will be cancelled. This bond will be refunded, less any deductions made pursuant to condition 13(c) and/or less any deductions as may be deemed appropriate by the Owner as a result of any breach by you or your party of any of the terms of the Contract (including without limitation any sums required to rectify or remedy any damage caused or suffered by us or the Owner), within 7 days of the end of the property hire period.
15. Without prejudice to any legal rights and/or remedies, we and each Owner reserve the right to evict all or any occupants of the property at any time where we deem this reasonably necessary as a result of a breach of any of the provisions of this Contract (including without limitation condition 13) without refund or compensation, and without prejudice to any other right of the Owner.
16. The properties advertised in our brochure or on our website are primarily, but not exclusively, made available to singles, couples, families or multi generation parties. In the event that your party does not fall within one of these descriptions, any such booking is subject to the sole discretion and approval of the Owner. Please note, condition 14 may be applied in such circumstances.
17. (a) Neither we nor the Owner will have any liability whatsoever for any personal injury, or liabilities, costs, expenses, damages, claims and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) relating to you, your party or any personal property, save where such loss and/or damage arises as a result of negligence or wilful default on our part and/or on the part of the Owner.
(b) You indemnify us and the Owner for any liabilities, costs, expenses, damages, claims and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) which are incurred at or to the property.
(c) We are responsible for administering your booking only and we hereby disclaim any and all liability for all liabilities, costs, expenses, damages, claims and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses) suffered or incurred by you, any member of your party or any third party as a result of your stay at the property. Nothing in the Contract excludes or limits any of our liability for personal injury or death due to our negligence or any other liability which cannot be lawfully excluded or limited.
(d) Subject to this condition 17, our total liability to you in respect of all liabilities arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total costs paid by you to us under the Contract.
18. (a) As a condition of your booking you agree and acknowledge that all and any personal data you provide to us, whether relating to you or to any other member of your party and whether on the booking form or otherwise, may be forwarded to the Owner. We may also pass your details to our or the Owner’s subcontractors if that is reasonably necessary to deliver the services at the property.
(b) We may also use the data provided to inform you of news, offers or other services that we think may be of interest to you and may pass your data to Tourism Marketing Group Limited (and its subsidiaries). We will not however pass your details to any other third party. If you would prefer that your data is not used in this way please contact us by email at firstname.lastname@example.org or in writing to Coastal Cottages, Coastal House, Narberth Road, Haverfordwest, Pembrokeshire, SA61 2XG.
19. (a) In the unlikely event of a problem arising during the property hire period, you must let us know as soon as possible in order to give us an adequate opportunity to address the complaint. If a problem arises you must contact the name and number provided on your directions. If you are unable to contact them, you must then contact us on 01437 767600. In the event that we cannot be contacted on this number, a message should be left setting out the details of the problem and a contact telephone number for you. Please contact us or the Owner in the manner as set out above whilst you are still at the property so that any problems can be addressed whilst you are at the property. If a complaint regarding the property is not raised until you have left, the Owner and/or we will not have the opportunity to remedy or resolve any problem and are unlikely to be able to verify this, and therefore you will not be entitled to any remedy or compensation in such circumstances. If a complaint is raised by you as soon as the problem arises (and in any event during your stay) we will use all reasonable endeavours to rectify the matter but no guarantee is offered that this can be rectified during your stay. If we are unable to rectify the matter of the complaint, you acknowledge and agree that us or the Owner shall be under no obligation to provide you with a refund or compensation in such circumstances. You must mitigate any loss which you may suffer as a result of any such problems or complaint.
(b) Notwithstanding condition 19(a) above, if you are dissatisfied with any aspect of our service more generally which does not directly relate to the property, please let us know as soon as possible and in any event within 7 days following the end of the property hire period.
20. Whilst we or the Owner will do what is reasonably practicable to try to rectify any mechanical or electrical problem once we have been made aware of it in accordance with condition 19 (including but not limited to any breakdown in appliances, lighting, internet accessibility or speed), no refunds or compensation will be given and neither we nor any Owner will have any liability whatsoever in respect of mechanical or electrical failures.
21. All comments left for or photographs sent to us or the Owner may be used (free of charge) in any marketing material. The pictures will be credited with the name on the accompanying correspondence where possible.
22. You are completely responsible for your personal belongings during your stay and no liability can be accepted by the Owner or us for any loss or damage. If any articles are left behind, you should contact us or the Owners as soon as possible so that these can be searched for. If lost items are found they can be forwarded on receipt of a minimum handling fee of £10.00 + VAT per item from you. Items which are not claimed or where a handling fee is not paid, will only be kept for 4 weeks before being disposed of.
23. (a) Neither we nor the Owner will be responsible for any disturbance which may occur and is outside of our or the Owner’s control, including but not limited to any road works, maintenance or refurbishment works on neighbouring properties, or events such as sporting events, festivals or parties. We will use all reasonable efforts to advise you of any situation which in our reasonable opinion may affect your holiday or experience, but you should note that we may not be aware of any such work or such circumstances close to the property. Neither we nor the Owner shall be responsible or liable for any loss, damage, expenses or costs incurred, and refunds or compensation cannot be considered in such circumstances.
(b) Neither we nor any Owner will have any liability for any loss, damage, expenses, costs or otherwise for any curtailment and/or cancellation of your holiday and/or any other detriment which results from any event outside our reasonable control, including but not limited to weather conditions, power cuts, road works and governmental action, and refunds or compensation cannot be considered in such circumstances. We do however provide a holiday cancellation and curtailment insurance scheme, details of which are set out on page 222.
24. This agreement is made on the basis that the property is to be occupied by you for a holiday as set out in the Housing Act 1988 Schedule 1 paragraph 9 and you acknowledge that the tenancy granted by this Contract is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
25. In all disputes and interpretation of this Contract, English and Welsh law will apply and the parties submit to the exclusive jurisdiction of the English and Welsh courts.
26. Each term of the Contract operates separately. If a court finds that any term of the Contract is void, illegal or unenforceable, in whole or in part, the remainder of the Contract will continue to be valid and have full force and effect.
27. Any display of aggressive or abusive behaviour towards any members of staff or the Owner will not be tolerated.
28. Where you instruct us to administer Concierge Services on your behalf, the provision of such Concierge Services shall be governed by the Concierge Services Terms and Conditions which can be found at www.coastalcottages.co.uk/concierge