Conditions of hire

CONTRACT OF HIRE: The hiring contract is between the Holidaymaker and the Owner of the cottage for which the booking is made and shall be deemed to be made Subject to the Conditions of Hire herein. Whitby Holiday Cottages act as booking agents for the owners and are not Principals. The Contract of Hire is not effective until Whitby Holiday Cottages give written confirmation of a booking to the Holidaymaker.

INITIAL PAYMENT: Bookings will be confirmed upon receipt of the deposit payment. If the booking is made within 56 days of the commencement of the holiday date, then the full payment will be required, together with the booking fee.

BOOKING FEE: As a condition of hire there is a booking fee of 35 payable with the deposit. BALANCE PAYMENT: The balance of the holiday booking payment will be due 56 days prior to the commencement of the holiday date. Whitby Holiday Cottages reserve the right to cancel a holiday where full payment has not been received at least 28 days before the commencement date.

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. Whitby Holiday Cottages Confirmation of Booking is not a VAT invoice.

CONFIRMATION OF BOOKING: The Holidaymaker is responsible for the total published price of the property and any extras as shown on the Confirmation once the Confirmation of Booking has been issued by Whitby Holiday Cottages.

BOOKING CANCELLATION: Written notice of cancellation is to be received by Whitby Holiday Cottages not less than 10 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 is notified within 10 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 made will be subject to an administration charge of 40 plus 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. In all instances, cancellations must be notified immediately in writing to Whitby Holiday Cottages by First Class Post or email. We recommend that you obtain travel insurance.

AMENITIES: Whilst every care is taken to ensure that accommodation and amenities are suitable for use as described it is expected that all holidaymakers exercise caution and provide adequate supervision where necessary to prevent injury or damage. If in doubt or should you have any concerns over safety aspects please contact the owners or ourselves in the first instance.

MOTOR CAR 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. However we do not seek to exclude or limit liability for the negligence of our servants or agents.

PARTY SIZE: Under no circumstances may more than the maximum number of persons stated in the Brochure occupy a property. Owners reserve the right to refuse admittance if this condition is not observed. In addition Whitby Holiday Cottages and the owners reserve the right to refuse or revoke (before or during the holiday) any bookings from parties which may in their opinion (and at their sole discretion) be unsuitable for the property concerned.

HOLIDAYMAKER'S RESPONSIBILITIES: The Holidaymaker is responsible for the property and is expected to take all reasonable care of the same. All equipment, utensils, etc. and the property must be left clean and tidy at the end of the holiday period.

BREAKAGE DEPOSIT: If a breakage deposit is taken for a property it will be forwarded directly to the owner whose responsibility it will be to return it directly to the holidaymakers after the property has been checked and cleaned.

DAMAGE: Damages and breakages are the legal responsibility of the Holidaymaker who will be liable for such costs on demand. COMPLAINTS PROCEDURE: If the Holidaymaker is not entirely satisfied with the accommodation offered then he should contact the owner or his representative immediately and attempt to resolve the problem. If this cannot be done then he should contact Whitby Holiday Cottages who will endeavour to resolve the problem. If the Holidaymaker feels that the problem has not been resolved to his satisfaction he should forward full details of the complaint in writing as soon as possible to Whitby Holiday Cottages in order that we are able to act quickly in helping to resolve a dispute arising from any such complaint. Since Whitby Holiday Cottages are registered with the English Tourism Council and operate under their stated Code of Conduct the Holidaymaker also has the opportunity to refer the complaint to the English Tourism Council for arbitration if dissatisfied with our response.

BROCHURE/WEBSITE: Whitby Holiday Cottages take every care to ensure the accuracy of all property descriptions. All information is given in good faith and assumed to be correct at the time of printing/ publishing on the Internet, but we cannot be held responsible for any errors, or the results of such errors. Furthermore Whitby Holiday Cottages 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 Whitby Holiday Cottages accept liability for changes to (or withdrawal of) specified area amenities mentioned in the Brochure descriptions.

LEGAL: Any dispute arising between Whitby Holiday Cottages 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.

AVAILABILITY: The Hiring Contract is made on the understanding that the property and its facilities as stated will be available for the dates stated. In the unlikely event of the property being unavailable through events arising out of the control of Whitby Holiday Cottages, or the owner, then Whitby Holiday Cottages may be forced to cancel the booking. The Holidaymaker will be advised of any such circumstances as early as possible and will (where feasible) be offered alternative accommodation of a similar type, standard, price and location. If this is not possible, or if the alternative property offered is unacceptable to the Holidaymaker, then Whitby Holiday Cottages will refund all monies paid in full - but thereafter the Holidaymaker will have no further claim against Whitby Holiday Cottages or the owner.

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.

Receipt of Confirmation of Booking acknowledges that the customer agrees to abide by the conditions of hire as set out in our brochure and on the website.