Bookings of all holiday accommodation whether made by telephone, e-mail, in person, in writing or over the internet are accepted by Whitby Holiday Cottages (WHC) acting as Agent on behalf of the Owner on the following terms.
By making any Booking with us, you confirm that you accept these terms and conditions and agree to comply with and be bound by them.
These booking terms and conditions include a number of defined terms as follows:
Booking: a legally binding reservation for use of the Property, with a specified start and end date.
Contract of Hire: the legally binding contract between the Holidaymaker and the Owner for the provision of the Property for the purposes of the Booking and related services.
Force Majeure Event: means (i) any event or circumstance not within a party’s reasonable control including, without limitation, acts of God, flood, drought, earthquake or other natural disaster; epidemic or pandemic (if so categorized by a national or international health organisation), terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any law or any legally enforceable action taken by a government or public authority, which affects (directly or indirectly) the ability of the relevant party to perform a contractual obligation, collapse of buildings, fire, explosion or accident, or any labour or trade dispute, strikes, industrial action or lockouts and (ii) any binding legislation or law passed by the UK government or a UK public authority as a consequence of any of the events listed in (i).
Cottage Price: the total price payable (which includes VAT, if applicable) by the Holidaymaker for a Booking, comprising the property rental plus a booking fee and any additional charges that may apply to that Booking (e.g. in relation to pets, parking permits, postage).
Holidaymaker: the person (“You”) making the Booking under these terms and conditions and by doing so entering into the Contract of Hire with the Owner.
WHC: a family-owned private limited company incorporated in England (registered number 03259711) with its registered address at 48 Flowergate, Whitby, North Yorkshire, YO21 3BB. VAT No. 804 868 802.
Owner: the owner of the Property which is the subject of the Contract of Hire.
Property: the holiday accommodation made available (subject to these terms and conditions) to the Holidaymaker for use for the purposes of the Booking.
CONTRACT OF HIRE :
Whitby holiday Cottages Ltd (WHC) act only as agents for Owners and are not principals and so the Contract of Hire is between the Holidaymaker and the Owner of the property for which the Booking is made and shall be deemed to be made subject to these terms and conditions. For the avoidance of doubt, WHC is not a party to the Contract of Hire. To the extent that WHC carries out any functions in relation to a Property, it does so as an agent on behalf of the Owner.
The Booking is subject to these terms and conditions, which are governed by English law and the exclusive jurisdiction of the English courts. The Contract of Hire is effective only from the date and time that WHC dispatch to the Holidaymaker a written “Confirmation of Booking.” The Confirmation of Booking will show your booking details, the amount you have paid and the amount you still owe for the booking. As soon as you receive your Confirmation of Booking, you must check the details carefully. If anything is not correct, you should tell WHC immediately. The Owner/WHC, acting reasonably, reserves the right to amend arrival (‘check in’) and departure (‘check out’) times so as to ensure the Property is ready for occupation, for example in response to a Force Majeure Event. So long as the Owner/IN is acting reasonably, the Holidaymaker will not be entitled to a refund in relation to a change in arrival or departure times.
For the avoidance of doubt, if WHC pays the deposit and/or full balance into its bank account, it will not mean WHC have accepted a booking unless WHC have issued the Holidaymaker with a written Confirmation of Booking. Please do not make any other travel arrangements until WHC have issued you with a written Confirmation of Booking. If you book with us online, we will acknowledge that we have received your booking and then send a separate written Confirmation of Booking by e-mail to the e-mail address you have provided. If you book by post or phone, we will send your written Confirmation of Booking to you by email unless you tell us at the time of booking that you would prefer it to be provided by post for which there will be a postage charge. It is your responsibility to check your e-mails including junk mail regularly and to let us know about any change to your e-mail address.
The contract is for the hire of the Property for holiday purposes only. WHC does not accept Bookings from Holidaymaker under 18 years of age and WHC reserves the right to cancel a Booking made by anyone who is (or who WHC reasonably believes to be) under 18 at the time the Booking was made.
At the Holidaymaker’s written request, WHC shall provide the name and contact details of the applicable Owner. The Holidaymaker undertakes not to contact the Owner for any reason other than to deal with queries in relation to the Property which WHC has not been able to deal with or, alternatively, if requested to do so by WHC.
Once WHC has issued a written Confirmation of Booking, the Holidaymaker is responsible for the total Guest Price as well as any extras as shown on the Confirmation of Booking. Amendments to bookings, where applicable and accepted by WHC (on behalf of the Owner), will be subject to an administration fee of £60 inc VAT for each amendment. WHC reserves the right to adjust prices quoted in the brochure, on its website or on details to properties, due to errors or omissions or changes in the VAT rate.
DEPOSIT PAYMENT :
Bookings will be reserved upon receipt by WHC of the required deposit payment in cleared funds of one third of the total Cottage Price. If the Booking is made less than eight weeks before the holiday commencement date, the full Cottage Price will be required to be paid at the time the Booking is made. Deposits can be paid by BACS transfer, debit / credit card or cheque. In the case of web bookings, these can be paid online through our secure payment system.
BALANCE PAYMENT :
The balance of the Guest Price will be due for payment eight weeks before the holiday commencement date. On receipt of the full balance payment in cleared funds, advice on key collection arrangements and directions to the Property will be sent to the Holidaymaker. The Owner reserves the right to cancel a Booking where full payment has not been received within 14 days after the due date as advised by WHC. The deposit paid on the Booking is always non-returnable.
BOOKING FEE :
WHC charges a booking fee of £60 inc. VAT payable at the time of booking. The booking fee is non-refundable once the Booking has been confirmed.
METHOD OF PAYMENT :
BACS / Bank transfer are preferred however cheques should be made payable to Whitby Holiday Cottages with the booking reference written on the back and there is no charge for Debit or Credit Card payments.
VALUE ADDED TAX :
Where VAT applies to the property rental, it is included in the quoted price at the rate at the time of printing (i.e. 20%). All VAT inclusive rentals are subject to change if the rate changes. WHC Confirmation of Booking is not a VAT invoice.
CONFIRMATION OF BOOKING :
Once WHC has issued a written Confirmation of Booking, the Holidaymaker is responsible for the total Cottage Price as well as any extras as shown on the Confirmation of Booking. Amendments to bookings, where applicable and accepted by WHC (on behalf of the Owner), will be subject to an administration fee of £60 inc. VAT for each amendment. WHC reserves the right to adjust prices quoted in the brochure, on its website or on details to properties, due to errors or omissions or changes in the VAT rate.
BOOKING CANCELLATION OR CHANGE OF DATE OR PROPERTY :
Written notice of cancellation or amendment is to be received by Whitby Holiday Cottages not less than 8 weeks before the commencement of the holiday date, Holidaymakers will not be held liable to pay the full balance of the holiday booking. If, however, cancellation or amendment is notified within 8 weeks of the commencement of the holiday date, the Holidaymaker will be liable to pay the full balance of the holiday booking unless Whitby Holiday Cottages have been successful in re-letting the holiday. Any refund or amendment made will be subject to an administration charge of £60 inc. VAT in favour of Whitby Holiday Cottages plus any expenses incurred by the owner in accepting a late booking where, for example, a discount has been deemed necessary in order to secure a replacement booking. The Booking Fee is also non-refundable.
In all instances, cancellations and amendments must be notified immediately in writing to Whitby Holiday Cottages by First Class Post or email. We recommend that you obtain travel insurance.
If the property accepts pets, this will be clearly marked in the brochure or on the website property page. Bookings that include pets are taken on the condition that all flea and worming treatments are up to date and WHC and/or the Owner reserve the right to ask for written evidence of such treatment. You are not permitted to leave pets unattended at the property at any time and some Owners will require that pets remain on the ground floor and off furniture at all times – this will be stated in the brochure or on the website property page if applicable. You, as pet owner, will be responsible for removing any evidence left by your pet and reimbursing the Owner for any damage caused. Please show consideration for guests visiting after you have gone home and bear in mind that some popular beaches do not permit dogs during the summer months. For most properties, a charge per pet per Booking will be made.
Guests With Allergies Relating to Pets:
Please note that an assistance dog may have stayed in a chosen property recently (even one that doesn’t allow pets as standard) and the Owner may have a dog or cat that sometimes stays at the property. The Owner cannot accept responsibility or liability for any suffering, damages or losses which may occur as a result of such animals having been present. The Owner and WHC cannot guarantee and make no warranty that the property will be free from pet hair.
The use of accommodation and amenities is entirely at the Holidaymaker’s risk and the Owner excludes all responsibility or liability for injury, or loss or damage to Holidaymaker or visitors’ belongings.
Further, neither the Owner nor WHC will be liable to you, any member of your party or person visiting the Property during the period of your hire of it for any events outside the Owner’s or WHC’s reasonable control, such as the breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, building works at adjacent properties, damage resulting from exceptional weather conditions or other unforeseeable circumstances or any Force Majeure Events. You also accept that WHC in acting as agent for the Owner will not be liable for any negligence on the part of the Owner resulting in loss, injury or accident.
Further, neither the Owner nor WHC will be liable to you for the withdrawal/removal of any facilities/amenities from/in the Property resulting from a Force Majeure Event.
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.
VEHICLE AND PERSONAL BELONGINGS :
Personal belongings are at the Holidaymaker’s risk at all times. No responsibility can be accepted for loss or damage to any vehicle or its contents, although, we recommend that you take out holiday insurance.
EV CHARGING :
Electric vehicles are becoming increasingly common and we want to ensure they can be catered for wherever possible. Not all Properties will have a suitable and safe place to charge vehicles, so it is recommended you check prior to booking. If you are keeping an electric vehicle at the Property, you must use designated charging points (where available) and manufacture approved cables for charging any vehicles at the Property.
PLEASE NOTE the Owner reserves the right to refuse to allow electric vehicles to be charged if they do not believe, in their reasonable opinion, it is suitable or safe to do so. It may also incur a charge.
PARTY SIZE :
It is your sole responsibility to ensure that no more than the maximum numbers of persons, as stated in the brochure/website, occupy a Property during your Booking. The Owner/WHC reserve the right to refuse admittance or to require you to ensure that some people leave the Property if they believe that you are in breach of this obligation. No refunds will be given if admittance has been refused for this reason. Further, where properties specify a minimum age limit for guests, in no circumstances may any persons under the specified age limit, as stated in the brochure/website, stay at that Property. The Owner/WHC reserve the right to refuse admittance or to require proof of someone’s age if either believe that this restriction has been breached. No refunds will be given if admittance has been refused for this reason.
By completing a Booking, the Holidaymaker certifies that they are authorised to agree to these Booking Conditions on behalf of all members of the party, including any changes. The Holidaymaker must be over 18 years at the time a Booking is made and be a member of the party occupying the Property. The Holidaymaker agrees to take responsibility for the acts and omissions of all members of the party in relation to the Booking and the Property. The Owner/WHC reserve the right to refuse or revoke any bookings from parties that may in their opinion (and at their sole discretion) be unsuitable for the Property concerned.
HOLIDAYMAKER’S RESPONSIBILITIES :
For the duration of your stay at the Property, you will be responsible for the Property and will be expected to take all reasonable care of it. The Property and all equipment and utensils must be left clean and tidy at the end of the hire period. If a Property is not left clean and tidy, any additional cleaning costs will be charged to the Holidaymaker. Should there be any specific health or mobility difficulties which may affect a party member; this must be pointed out at the initial reservation stage so that the suitability of the Property can be assessed. The Property (including any car parking spaces) must be vacated by 10.00 am on the day of departure.
All damages and breakages are the legal responsibility of the Holidaymaker and should be reported immediately and before the end of the holiday. The reasonable costs of miscellaneous repairs to and/or replacement of and/or additional cleaning of furnishings, kitchen equipment, crockery, glass, keys, bedding and towels damaged or soiled otherwise than by usual wear and tear during the period of the Booking by you or other members of your party shall be payable on demand to WHC who may also, at their discretion, refuse further bookings. The Owner/WHC has the right to enter the Property (without prior notice if this is not practical or possible) if special circumstances or emergencies arise (for example if repairs need to be carried out). The Owner/WHC reserves the right to repossess the Property at any time where you or any member of your party has caused damage, and in such circumstances the Owner/WHC shall not be liable to make a refund of any remaining portion of the Cottage Price.
COMPLAINTS PROCEDURE :
We aim to provide a high level of customer service and want all of our guests to be completely happy with their holiday. In the unlikely event that you have any issues with your accommodation, please get in touch with us as soon as possible during your stay so that we can do our best to put it right.
If the Holidaymaker wishes to make a complaint about anything connected with the hire of the Property, they should contact WHC as soon as reasonably possible prior to departure. In the event the Holidaymaker does not have phone reception at the location where they are staying, the Holidaymaker must make reasonable efforts to make a call from a nearby public telephone, send us an e-mail or visit our office. WHC will then either pass the complaint on to the Owner of the Property to deal with or it may consider the complaint and take action to resolve this itself (on behalf of the Owner) as soon as reasonably practicable.
Compensation will not be considered for any complaints that are made after the holiday has ended, or where the Holidaymaker has denied WHC or the Owner the opportunity to investigate, address or remedy the issue during the Holidaymaker’s stay.
Neither WHC or the Owner can accept responsibility or liability for work taking place outside the boundary of the Property, or for noise or nuisance resulting from third party activity over which WHC or the Owner have no control.
Since WHC are registered with Visit England and operate under their stated Code of Conduct the Holidaymaker also has the opportunity to refer the complaint to Visit England for arbitration if dissatisfied with our response.
BROCHURE / WEBSITE :
The Owner/WHC take every care to ensure the accuracy of the Property descriptions. All information in WHC’s brochure or other marketing material and on WHC’s website is given in good faith and is believed to be correct at the time of going to press, but the Owner/WHC cannot be held responsible for changes beyond their control, which may become known after publication of this literature. In addition, whilst properties may be described as non-smoking or no pets, this cannot be and is not guaranteed. Please be aware that if a Property is advertised as having an enclosed garden, this does not necessarily mean a secure garden. It may be enclosed by hedging or open style fencing. The Owner/WHC’s description of a property shows what amenities that property has but generally does not state what is not in the self-catering property.
Furthermore WHC cannot accept liability for happenings outside our normal reasonable control, such as breakdown of domestic appliances, wiring, plumbing, sudden temporary invasion of pests, any damage resulting from exceptional weather conditions or owner’s negligence resulting in loss, injury or accident. Neither can WHC accept liability for changes to (or withdrawal of) specified area amenities mentioned in the Brochure descriptions.
The Contract of Hire is made on the understanding that the Property will be available for the dates stated. In the unlikely event that a Property is not available during the period of the Booking as a result of a Force Majeure Event or if the Holidaymaker cannot legally travel to the Property as a result of a Force Majeure Event, then either (i) the Owner/WHC may be forced to cancel the Booking and you will be advised as early as possible or (ii) you must write to WHC as soon as possible to inform WHC as to the Force Majeure Event and its effects on your ability to legally travel to the Property.
In the event of such a cancellation, or in the unlikely event that the Owner is forced to cancel the Booking due to circumstances or events outside their reasonable control, the Holidaymaker will have the choice of the following options:
to transfer the Booking to a later date and/or another property free of any administration charges, subject to availability – the Holidaymaker will have to pay any difference in price if the cost of the new booking is higher or be reimbursed the difference if the cost of the new booking is lower;
to request a credit note with a redemption value equal to the amount previously paid for the Booking for the same Property;
to obtain a refund of the amount already paid for the Booking (after deducting any administrative charges that apply to a Booking, such as the booking fee).
The Holidaymaker will have to contact WHC in order to access these options.
The Holidaymaker will not as a result have any further claims against WHC or the Owner.
PROPERTIES WITH CHARACTER :
If you choose to holiday in an older property, remember that much of its character and charm is due to its age. Some of our properties are well over 100 years old and were built long before the days of damp proof courses and cavity walls so some may show signs of damp, particularly in long spells of wet weather. The Owner/WHC will do their best to ensure that the background heating is kept on sufficiently to compensate, even when the Property is empty. Condensation can be alleviated by opening windows and allowing the air to circulate. If you have any concerns, please talk to us at the time of making your Booking. Also, please remember that should traditional property features (steep stairs or low beams, for example) be a problem for any member of your party, you must consider and mention this prior to booking.
Please remember that some properties do attract spiders and therefore cobwebs. It does not mean that the Property is dirty or has not been cleaned as cobwebs can be spun quickly. In some areas please be tolerant of the sounds and scents that you may encounter, they are all a part of the seaside/countryside experience.
PRICES ONLINE :
All prices obtained using the online booking system are only a guide, every care is taken to ensure that these prices are accurate but in the event of any error Whitby Holiday Cottages Ltd reserves the right to adjust prices accordingly. If you are unsure about any prices obtained from the website please call to confirm the correct price.
DATA PROTECTION :
At all times your data will be held securely and protected in line with WHC’s obligations under UK data protection legislation. Your party names and contact details will only be shared with the Owner in order to allow the Owner to manage your holiday and give you the best possible experience.
If you request that we pass on supplementary information that you wish to provide to the Owner, for any reason, then we will do so. WHC will securely hold that information on your behalf as part of your booking record unless you ask us to delete it. Any such information is provided at your sole request and discretion, and WHC bears no responsibility for its accuracy or contents.
OUR LIABILITY :
As WHC act only as agents for the Owner, WHC cannot accept any legal responsibility for any act or neglect on their part or of anyone representing or employed by them. Further, WHC cannot accept any liability for any problems or faults with or in any Property. The Owner is solely responsible for providing the accommodation and for the safety of all guests. WHC accepts no responsibility for personal injury to, or death of, any guests, or loss of or consequential loss or damage to their property, or for other matters over which WHC has no control, except to the extent such personal injury or death is caused by the negligence or wilful default of WHC.
Other than in relation to any liability which it is not possible to exclude at law, the Owner’s and WHC’s liability for any claims arising out of or in relation to the Contract of Hire is limited to the amounts paid by the Holidaymaker pursuant to the Contract of Hire.
Each of the paragraphs in these terms and 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.
Any dispute arising between WHC and the Holidaymaker, if not resolved mutually, may be referred to a single arbitrator if agreed by the Holidaymaker, or in default of such agreement to the President of the Law Society or Institute of Arbitrators. In either event, such arbitration would be subject to the provisions of the Arbitration Act 1950 and 1996 or any statutory modification thereof for the time being in force and does not effect the statutory rights of either party.