Terms and conditions
Terms and conditions
All bookings are subject to the following terms and conditions; in making a booking or a booking request we assume that you have read, understood and accepted our terms of conditions of booking.
How to make a booking
Bookings can be made directly via our website by clicking on the 'Book Now' button on the page of the cottage you wish to book.
We will acknowledge all monies received and send you an invoice via email. The final balance of your booking is due 6 weeks before your stay. If your booking is less than 6 weeks away we will ask for the payment in full at the time of booking.
You can make payments by debit/credit card or PayPal. Please note that a 2.5% supplement will be added to payments made with Mastercard and a 3% supplement if you use PayPal. You can also make an electronic bank transfer, details on request. Of course we will acknowledge receipt of all payments.
By special arrangement, well behaved pets are allowed at some of our properties for an extra charge which varies per property, this fee pays for the additional cleaning incurred. Prices will be displayed during the booking process.
Terms and conditions of booking
Terms and conditions of booking
PLEASE READ THIS CAREFULLY.
When you make a booking with The Best of Exmoor (whether via the website, email, telephone or post) these terms and conditions are deemed to have been accepted by you.
- 1.1) "Agent" means The Best of Exmoor, whose address is Chapel Knap, Porlock Weir, Somerset TA24 8PA.
- 1.2) "Booking" means the reservation of the Property by the Guest.
- 1.3) "Booking Conditions" means these terms and conditions.
- 1.4) "Deposit" means:
- (a) 30% of the Rental Charge payable to secure the booking; or
- (b) if the holiday is due to commence within six weeks of the date of a Reservation Request, 100% of the Rental Charge.
- 1.5) "Guest" means the person or persons making the Booking.
- 1.6) "Holiday Confirmation" means the confirmation of the Booking issued by the Agent to the Guest (by email).
- 1.7) "Initial Payment" means the payment of the the Deposit or Rental Charge and any applicable additional monies.
- 1.8) "Property" means the accommodation for which a Booking is made.
- 1.9) "Property Owner" means the owner of the Property.
- 1.10) "Rental Charge" means the total rental charge payable in respect of the Booking.
- 1.11) "Reservation Request" means a request to make a Booking whether submitted via website booking facility, email, website enquiry form, telephone or otherwise.
- 1.12)"Short Break" means a holiday for a duration of less than seven nights.
2. ROLE OF THE AGENT
- 2.1) The Agent acts as an agent for the Property Owner to take and arrange Bookings. The Agent does not own or manage the Property but reserves the right to refuse any Booking.
- 2.2) Rental arrangements are made by the Agent on behalf of the Property Owner. Once the Initial Payment has been made and a Holiday Confirmation has been issued by the Agent, a contractual relationship shall exist between the Guest and the Property Owner, pursuant to which the Property Owner will make the Property available for the period set out in the Booking. For the avoidance of doubt, the Agent shall not be a party to such contract.
- 2.3) The contract shall be subject to these Booking Conditions and any other special conditions made known to the Guest at the time of the Booking.
- 2.4) The Agent accepts no liability for any defects or unavailability of the Property or any other problems with the holiday. The Guest's right of action (if any) shall be against the Property Owner and not the Agent.
- 2.5) The Agent will, on request, provide the name and address of the Property Owners which the Guest has booked.
3. BOOKINGS AND PAYMENT
- 3.1)Following receipt of a the initial payment, the Property Owner and Agent are notified and confirmation of the booking is sent by email to the guest. The Agent will issue an invoice showing the payment made and remaining balance.
- 3.2) It remains the right of the Property Owner or Agent to deny any booking, without explanation, in which case all payment received will be fully reimbursed.
- 3.3)The balance of the Rental Charge (if any) must be paid by the Guest to the Agent no later than six (6) weeks prior to the commencement of the holiday (the Agent will inform the Guest of this at the time of the Booking).
- 3.4) Where the Agent has not received the balance by the due date, a reminder email will be issued to the Guest. If the balance is not received within seven (7) days of that reminder, the Agent reserves the right to treat the Booking as cancelled by the Guest and clause 5 shall apply and the Guest shall have no claim against the Agent or the Property Owner for compensation or reimbursement whatsoever.
- 3.5)The prices stated on the Agent's website are in pounds sterling and all payments must be made in pounds sterling.
- 3.6) Any charges raised against the Agent by its bank for handling dishonoured cheques or any other payments, must be reimbursed by the Guest to the Agent within seven (7) days of the Agent's request to do so.
- 3.7)The Agent reserves the right to correct any error in advertised and/or confirmed prices.
- 3.8)Please note some Property Owners may request a security deposit (as mentioned in the individual Property details). In these instances the Agent will ask the customer to pre-authorise the security deposit amount on their credit/debit card on behalf of the Property Owner. The Property Owner will inform the Agent within 72 hours of the Guests departure if the security deposit (or part of it) should collected. The Agent has no control over whether the security deposit is collected or not. If the Guest would like to raise an objection this should be done directly with the Property Owner
- 3.9) If a lower price is negotiated with the agent we reserve the right to reverse any booking within 48 hours of the payment if the owner is unhappy with the price paid. During this period the property can at any point be sold to another client for the full amount.
4. BOOKING DETAILS
Immediately upon receipt of the Holiday Confirmation from the Agent, the Guest should check the details and notify the Agent of any mistakes/errors made by the Agent as soon as possible and in any event within seven (7) days; no changes can be made to the Booking after this time. The Agent reserves the right to charge a holiday booking amendment fee to administer/correct any error by the Guest.
2. ROLE OF THE AGENT
5. CANCELLATION BY THE GUEST
- 5.1) The Guest should notify the Agent immediately in writing if he/she wishes to cancel the Booking. The cancellation only takes effect when the Agent has received written confirmation from the Guest. If the Booking is cancelled after the balance of the Rental Charge becomes payable, such balance shall remain payable notwithstanding cancellation.
- 5.2) No refunds will be given on the cancellation of a Booking by the Guest. The Guest should consider whether insurance cover is desirable.
6. OTHER CANCELLATIONS
- 6.1) In the event of the Agent being unable to arrange the holiday accommodation requested by the Guest, or if the Property becomes unavailable for whatever reason, the Agent will endeavour to arrange alternative accommodation for the Guest of an equivalent type and standard in a similar location.
- 6.2) If the Guest has paid any money in respect of a Property and that Property subsequently becomes unavailable, the Agent shall use its reasonable endeavours to obtain a refund from the Property Owner to the Guest of all monies paid by the Guest.
- 6.3) The Agent is not liable for any costs associated with alternative accommodation, which must be paid by the Guest.
- 6.4) Save as set out above, the Agent shall have no liability for the cancellation or alteration of a Booking.
To minimise the financial risks associated with going on holiday it is strongly recommended that the Guest arranges travel insurance that matches their needs when booking the holiday.
8. RESPONSIBILITIES OF THE GUEST
- 8.1) During the period of the holiday, the Guest (personally and on behalf of all other people visiting the Property) undertakes (for the benefit of the Property Owner and the Agent) as follows:
- 8.1.1) that the number of people occupying the Property will not exceed the number stated on the Holiday Confirmation;
- 8.1.2) that the Property will be used solely for the purpose of a holiday by the Guest and their party;
- 8.1.3) to show due consideration for other parties (to include, but not be limited to, refraining from abuses of the Property and/or dangerous, offensive or rude behaviour to the Property Owner, his representative or any third parties such as neighbours);
- 8.1.4) to allow the Property Owner or his representative access to the Property at any reasonable time during the period of the holiday;
- 8.1.5) to keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the holiday and to ensure that at the end of the holiday the Property is left in the same state of order and cleanliness in which it was found. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Guest's occupancy and for any consequential loss;
- 8.1.6) to report as soon as possible to the Property Owner (or his representative) any breakages or damage caused by the Guest during the holiday and to reimburse the Property Owner with the cost of replacement. The Property Owner reserves the right to make a claim against the Guest for repair or loss as a result of damage caused;
- 8.1.7) to arrive after and vacate before the the designated time (as mentioned in the individual Property details) unless prior arrangement has been agreed with the Agent;
- 8.1.8) not (without the express permission of the Property Owner) allow any person other than guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property; and
- 8.1.9) to notify all other members of the Guest's party of these undertakings.
- 8.2) In the event of a breach of any of the undertakings set out in clause 9.1 the Property Owner (or his representative) can refuse to allow the Guest to take possession of the Property or make the Guest leave the Property before the end of the Holiday. In either case the Guest shall be deemed to have cancelled the Booking and the Guest shall have no claim for compensation or reimbursement whatsoever.
- 9.1) Pets are only allowed at Properties that are advertised as allowing a pet/pets. If a Guest takes a pet to a Property that does not allow them, or exceeds the stated number/size of pet, the Property Owner (or his representative) can refuse to allow the Guest to take possession of the Property or make the Guest leave the Property before the end of the holiday. If this happens the Guest shall be deemed to have cancelled the Booking and the Guest shall have no claim for compensation or reimbursement whatsoever.
- 9.2) The Guest is liable for all damage caused by his/her pets. The Guest should remove all traces (inside and out) from the Property of pet occupation before final departure. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Guest's occupancy. The Guest must not allow pets on beds or furniture within the Property and pets must not be left alone in the Property at any time. If the Guest breaches this clause the Property Owner (or his representative) may notify the Guest of the breach and if the Guest continues to breach this clause the Property Owner (or his representative) may make the Guest leave the Property before the end of the Holiday. If this happens the Guest shall be deemed to have cancelled the Booking and the Guest shall have no claim for compensation or reimbursement whatsoever.
- 10.1) The Guest's (and all other members of the Guest's party's) personal belongings and vehicles (together with their contents) are left at the Property entirely at their own risk.
- 10.2) The Agent shall accept no liability to the Guest for any loss, damage or injury howsoever caused to the Guest or to the Guest's personal property (or to persons in the Guest's party or their personal property) during their stay at the Property except to the extent such loss, damage or injury is caused by the negligence or wilful default of the Agent.
- 10.3) No representative, agent or sales person (whether employed by the Agent or not):
- 10.3.1) has authority to vary, amend or waive any of these Booking Conditions and no amendment or addition to any of these Booking Conditions shall be deemed to have been accepted unless accepted in writing by a senior manager of the Agent; and/or
- 10.3.2) has authority to make any verbal representations or provide additional information over and above information contained in the Agent's brochures and website. The Agent cannot accept responsibility and give no warranty in respect of information or representations not contained in these Booking Conditions and/or the Agent's website.
11. COMMUNICATION AND INFORMATION
- 11.1) For the purpose of the Data Protection Act 1998, all personal and other information and details collected by the Agent in the course of its business, belong to the Agent and will not be disclosed to any third party except to the Property Owner (and/or his representatives) in connection with a Booking.
- 11.2) Provided the Guest has not told the Agent otherwise, the Agent may use the Guest's personal information for marketing the Agent's services.
- 11.3) If the Guest or other individual wishes to be removed from the Agent's marketing lists, they should contact the Agent by email (firstname.lastname@example.org).
- 11.4) Telephone calls between the Agent and the Guest may be monitored or recorded by the Agent for training and quality control purposes.
- 12.1) In the unlikely event the Guest may have cause for dissatisfaction, the Guest should contact the Property Owner (or his representative ) as soon as possible. The Agent encourages all Property Owners to take complaints from Guests seriously and to resolve them if at all possible.
- 12.2) If the Guest is unhappy with the Property Owner's response, the Guest should contact the Agent as soon as possible (and in any event within 28 days of the end of the holiday) and provide details of the complaint and the Property Owner's response.
- 12.3) Without prejudice to clause 2.2, upon receipt of details of a complaint from a Guest, the Agent may (in its absolute discretion) liaise with the Guest and the Property Owner and attempt to resolve the outstanding complaint.
- 12.4) This clause 13 is without prejudice to any cause of action the Guest may have against the Property Owner.
13. FORCE MAJEURE
No liability can be accepted and no compensation will be paid by the Agent or the Property Owner, where the Guest or his personal property (and/or any person in the Guest's party and/or their personal property) suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Agent or the Property Owner are prevented or affected, by any event which the Agent or the Property Owner could not have reasonably foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions closure of international borders, disease, none availability of transport services, interruption to services/utilities and all similar events outside the control of the Agent or the Property Owner.
14. LAW AND JURISDICTION
All contractual obligations arising out of these conditions shall be subject to English Law and the exclusive jurisdiction of the English Courts.
We are committed to ensuring the best standards of practice in all our activities. Visitors to our website can be assured that the protection of privacy and confidentiality are given the highest priority. All personal information is collected, held and used in strict compliance with the Data Protection Act 1998.
We do not collect any personal information from visitors to our website other than information that is knowingly and voluntarily given during the process of making a booking. Anonymous information is collected, such as the number of visitors to the website in a given period or details of properties and dates selected for online bookings, but it is purely statistical and cannot be used to identify an individual user. Cookies are not used to collect any other information from visitors to the website. Visitors interested in requesting more information can provide contact details via a fill-in form. Visitors cannot be contacted unless such information is given. Visitors are also invited to give additional company information but a decision not to do so does not affect any subsequent negotiations or discussions.
Use of Information
The information collected will be used to contact you with further details of our current activities or to send details of future initiatives or events. It may also be used for research purposes. You can inform us at any time if you no longer require such information to be sent.
Third Party Disclosure
We will never pass any personal information on to any third party without your consent.
We take appropriate measures to safeguard the information we hold from unauthorised access or improper use. Our database is stored in a secure, password protected location. Only users authorised by us have access to this data.
Integrity of Data
We take all reasonable measures to ensure that the information we hold is accurate. In particular we use reliable collection methods and destroy or convert to an anonymous form, any out-of-date data. Individuals may request details of all personal information held by us so as to contest inaccurate or incomplete data, verify the information and have it corrected as appropriate.
Our website is not targeted at children but in any event personal information will not knowingly be collected from children under fourteen years without parental consent.
Any queries relating to our collection or use of personal information should be addressed to email@example.com.