Booking Terms and Conditions

These terms are between you and us.

(1) Definitions

Arrival Date	the date and time (from 4 pm) on which your Booking will begin and the Property will be made available to you.
Balance Due Date	6 weeks before your Arrival Date.
Booking	the confirmed reservation of the Property to commence on the Arrival Date and end on the Departure Date.
Booking Confirmation	the written acceptance from us of the Booking Reservation which may include more information such as details around arrival and departure, directions, etc.
Booking Deposit	£150 required when making your Booking Reservation.
Booking Form	The Booking details and your details, including your name and contact details.
Booking Price	as set out on our Website and confirmed in the Booking Confirmation.
Booking Reservation	your request to book a Property.
Contact Details	the details found on the Contact Us page of our Website.
Departure Date	the date and time (before 10 am) on which your Booking will end and you must vacate the Property.
Events Outside of the Parties Control	as defined in clause 12.
Group	the named individuals attending the Property subject to these Terms.
House Rules	within a document entitled Welcome and Safety Info and therewith forming our contract.
Property	the property provided for holiday letting purposes, details of which have been made available on the Website and includes the outside spaces belonging to the Property.
Terms	the terms and conditions on which your Booking is supplied to you (also referred to as Booking Terms), being this agreement and any other documentation referred to in this agreement which constitute our overall contract.
Website	[https://westbaycottage.co.uk] together with other websites which may be used by us from time to time.
We/our/us	Susan Trevellick and Graham Westlake
You/your	the individual who makes the Booking Reservation, who must be over the age of 18 and must be one of the guests staying at the property.

When we use the words “writing” or “written” in these Terms, this includes email.

Unless the context otherwise requires, words in the singular shall include the plural and vice versa.

(2) Our Contract with You

Please ensure that you read these Terms carefully, and check that the details on the Booking (including the Arrival Date, number of guests etc) are complete and accurate before you submit the Booking Reservation.

These Terms will become binding between us once we issue you with the Booking Confirmation and your Booking is accepted only once we issue a Booking Confirmation.

The maximum number of people who can stay in the Property under the terms of the Booking is four people, regardless of age.

You agree not to arrive at the Property before the Arrival Date and to depart from the Property no later than the Departure Date. The Property will not be available at any time outside of the times reserved by you and set out in the Booking Confirmation and you may be charged if you do not leave by the agreed time on the agreed Departure Date.

You accept that minor differences between text / photographs in the website and literature and the property may sometimes arise. We reserve the right to make alterations to the property and no warranty or other representation is made as to the quality of the Property by us via the Website.

As lead for the Group, you are liable for the acts and/or omissions of all individuals or animals attending the Property whether permitted by us or not.

The Property is provided for holiday letting purposes only for the specified period, as detailed in your Booking Confirmation. For the avoidance of doubt, these Terms do not create a landlord and tenant relationship between you and us and you will not be entitled to any of the following:
– a tenancy;
– the right to sub-let the Property in part or in whole;
– an assured shorthold or tenancy (AST); or
– any statutory protection either under the Housing Act 1988 or by way of a statutory security of tenure.

(3) Reservation and Payment

If we accept your Booking Reservation we will write with a request for payment and it will be provisionally held in your name for 2 days while we await payment. Payments must be made by Bacs, debit / credit card or sterling cheque.

Where your Booking Reservation is before the Balance Due Date, you must pay a minimum Booking Deposit as notified to you upon submitting the Booking Reservation. The remaining balance of the Booking Price must be paid by the Balance Due Date.

Where your Booking Reservation is made after the Balance Due Date, you must pay the full balance of the Booking Price at the time of making a Booking Reservation.

Booking Forms must be completed using the online booking form or by printing off and posting to the address on the Booking Form.

We will send a Book Confirmation when we have received the payment and Booking Form.

No entry to the Property will be permitted where payment of the full Booking Price has not been made. Failure to pay the deposit or balance in full by the due dates will constitute a cancellation of the holiday by you.

(4) Your Rights to Cancel and Applicable Refund

You may cancel a Booking before the Arrival Date by contacting us. In the event of a cancellation being received we will endeavour to re-let the property. If successful we will refund money paid subject to any difference in price between the Booking Price and the re-let price. No assurances can be offered and we strongly recommend you take out travel insurance before placing your booking.

Please note that if you need to cancel because you are ill, including where you are showing symptoms of illness (for the avoidance of doubt this includes Covid19 and/or self-isolating due to any other contagious condition), this will be treated as a cancellation by you.

If you depart voluntarily from the Property before the Departure Date, no refund shall be given. Similarly, if you fail to show for your Booking this will be regarded as a cancellation on the arrival date and will not be refundable. For example: self-isolation or quarantine, performing statutory duties or mandatory obligations (such as jury duty, military service, incarceration), changes in personal or work circumstances, family emergencies, travel delays, vehicle breakdown, and delays with public transport will all be treated as cancellation by you in accordance with this clause.

(5) Our Rights to Cancel and Applicable Refund

We will endeavour to make sure the stated property is available for the dates contracted. In the unlikely event the property becomes not available and we have to cancel the booking you shall be entitled to a full refund. We shall only be liable to return the monies received. No compensation or consequential losses shall be paid.

We may cancel your Booking at any time with immediate effect and shall not be liable for any refund by giving you written notice if you:

– do not pay us when you are supposed to; or

– breach the contract in any other material way, including but not limited to any of the terms of Clause 8.

(6) Changes to a Booking

If you wish to change the dates of your Booking or amend your Booking in any way, please contact us via our Contact Details. We cannot guarantee that your requests will be accommodated and reserve the right to charge for any differences in price.

(7) Pets

We regret that no pets of any kind are permitted in the cottage.

(8) Enjoying the Property

It is your sole responsibility to ensure that the property is suitable for you and your group’s needs ahead of making your Booking Reservation.
Your use and enjoyment of the Property must be solely in accordance with these Terms, the House Rules and any signage, guidance on use, safety or operational instructions given to you by us. You hereby acknowledge that enjoyment of the Property and grounds is at your own risk.
You must leave the property in the same state of cleanliness and general order in which it was found. An additional cost will otherwise be incurred to cover the extra cleaning.
You must report any damage or breakage immediately to the owners as soon as it comes to your attention.
You agree to pay the costs arising from any breakages, damage to furniture or fittings, removal of any items from the property, damage to the exterior of the property, including any damage to neighbours’ property. Very minor breakages will not usually be charged but should be advised to us so that the item can be replaced before arrival of the next guests.
If damage occurs to the Property as a result of your actions of during the stay, where the extent of that damage is so severe that we must (in our sole opinion) cancel and/or refund subsequent bookings, we may bring a claim against you for any loss arising as a result, including the cost of refunding other guests affected by cancelled bookings and any additional administrative fees incurred in respect of the same.
You agree to not cause an annoyance or become a nuisance to occupants of the neighbouring properties. We reserve the right to request your immediate departure without refund where you have in our sole discretion acted unreasonably, illegally, immorally or in a manner which may impair the enjoyment, comfort or health of other parties or causes, or is likely to cause, damage to the property.
All belongings are left at the Property at your own risk. Please ensure all of your belongings are removed by the departure date as the return of any of your lost property cannot be guaranteed and will incur charges to post to you.
There is no electric vehicle charging facility at the Property. You are not permitted to use a portable domestic charger (also known as a ‘granny charger’ or a ‘trickle charger’) to charge your vehicle from a socket at the property. Information regarding the nearest public charging points will be made available.
You must use the Internet responsibly and ensure that illegal material is not viewed using it. Internet access is offered on the basis that it is provided for recreational use only. Neither a minimum speed, unrestricted bandwidth nor uninterrupted provision of access is guaranteed, and we will not be liable for any form of compensation or expenses claimed by you in respect of the provision or quality of internet connectivity.

(9) Reasonable Access

We or an authorised representative or agent acting on our behalf, including but not limited to tradespeople, retain the right of entry to the property at all reasonable times for purposes of inspection or to carry out any necessary repairs or maintenance.

(10) Problems or Complaints

On arrival, in the event of there being any problems or deficiencies with the accommodation or contents, you must report the matter to the Housekeeper or ourselves at once. Any problems which arise during the stay must be reported in a timely fashion.

Prompt notification is required to enable us to investigate and endeavour to put the matters right during the holiday. No correspondence will be entered into concerning complaints made upon departure or after returning home.

(11) Our Liability to You

No party can exclude or limit in any way their liability where it is illegal to do so, and this contract does not seek to exclude or limit liability which cannot be excluded or limited by law.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if it had been brought to our attention by you before the loss or damage occurred. For the avoidance of doubt, we are not responsible for any transport and/or alternative accommodation costs.

We make the Property available for domestic and private use only. You agree not to use the Property for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

(12) Events Outside of Our Control

We will not be legally responsible for any compensation if we are prevented from carrying out our responsibilities under this contract as a result of events outside of our control. This means an event we could not expect or avoid and includes, but is not limited to, strike, civil unrest, civil emergencies, government prohibition or restriction including local lockdowns, pandemic, epidemic, environmental disaster, domestic appliance failure, temporary invasion of pests, utilities failure or interruption such as water, gas, electricity, TV reception, Wi-Fi/broadband. An Event Outside our Control also includes extreme weather (including but not limited to snow and ice, high winds and flooding).

We cannot be held responsible for noise or disturbance which comes from beyond the boundaries of the property such as local events, building works at adjacent properties. We will contact you to let you know if we have been made aware before your arrival.

(13) Breaking the Terms and Conditions

We reserve the right to request your immediate departure without refund where you have in our sole discretion acted unreasonably, illegally, immorally or in a manner which may impair the enjoyment, comfort or health of other parties or causes, or is likely to cause, damage to the property. This is without prejudice to any of the other rights and remedies available to us.

(14) How We May Use Your Personal Information

We will use the personal information you provide to us in accordance with our Privacy Policy [https://westbaycottage.co.uk/privacy/].

(15) Other Important Terms

We may transfer our rights and obligations under these Terms to another individual or legal entity, but this will not affect your rights or our obligations under these Terms.

Except for you and us, no other person shall have any rights to enforce any of these Terms.

Each of the paragraphs of these Terms 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.

If you fail to perform your obligations under these Terms and we do not enforce our rights against you, this does not mean we have waived our rights against you. If we choose to waive any of our rights under these Terms you will be informed in writing.

These Terms are governed by the law of England and Wales. All parties agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.