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PLEASE READ THIS CAREFULLY WHEN YOU MAKE A HOLIDAY RESERVATION REQUEST WITH US WHETHER BY EMAIL, TELEPHONE OR POST (THESE CONDITIONS ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU)
1. Yew Tree Apartments (‘the Agent’) is the Agent of Alan Frederick Brooks (‘the Owner’) the owner of various apartments at Yew Tree Farm, Davenham Road, Whatcroft, Northwich, Cheshire CW9 7RZ (‘the Property’) and the use of the property is subject by the person or persons renting the same (‘the Holidaymaker’) is subject to these Terms and Conditions.
HOLIDAY CONFIRMATION AND PAYMENT
2.
(a) Upon the Agent issuing a holiday confirmation form for the Property to the Holidaymaker as Agent for the Owner, a binding contract shall exist between the Holidaymaker and the Owner subject to these booking conditions
(b) A holiday confirmation form will be issued to the Holidaymaker upon receipt by the Agent of a completed holiday booking form or telephone booking, together with a deposit in respect of 10% of the total rental charge plus the 50% of the rental charge per property. The balance of such rental charge shall be paid to the Agent at least 2 calendar months prior to the commencement of the holiday (the due date is stated clearly in the holiday confirmation form sent to the Holidaymaker). Where the Agent has not received the balance by the due date, an overdue reminder letter will be issued to the holidaymaker and a charge of £10 will be added to the balance due. If the balance is still not received, the Agent reserves the right to cancel the holiday booking and the deposit paid by the holidaymaker will be forfeited and the Holidaymaker shall have no claim against the Agent for compensation or reimbursement whatsoever.
(c) Booking forms or telephone bookings received by the Agent in respect of holidays due to commence within two calendar months thereafter must be accompanied by payment of the rental charge for the holiday period in full plus a booking fee of 10% per property.
(d)
(i) The prices stated on the website and in our brochure are cash prices. We incur charges from credit card companies when you pay by credit card, and therefore a £5 charge will be made for each payment (transaction) made this way and any charges raised against the Agent by its bank for handling dishonoured cheques, bank transfers or any other payment will be reimbursed by the Holidaymaker to the Agent within 7 days of the Agent’s request to do so.
(ii) Holidaymakers from Overseas must make payment in pounds sterling.
(e) The Agent reserves the right to refuse any booking.
(f) The Agent reserves the right to correct any error in both advertised and confirmed prices.
CHANGES BY THE HOLIDAYMAKER
3. Immediately upon receipt of the holiday confirmation from the Agent, the Holidaymaker should
check the details and notify the Agent immediately of any correction. The Agent reserves the
right to charge the Holidaymaker an amendment fee to administer/correct any error by the
Holidaymaker.
CANCELLATION BY THE HOLIDAYMAKER
4.
(a) The Holidaymaker should notify the Agent immediately and in writing of any intention to cancel the holiday. The cancellation only takes effect when the Agent has received written confirmation from the Holidaymaker. In the event that such cancellation is made more than 2 calendar months before the commencement of the holiday, the Holidaymaker shall not be required to pay the balance of the rental charge.
(b) If the Agent is unable to relet the holiday accommodation for the period of the cancelled holiday, all monies paid by the Holidaymaker to the Agent (including booking fees and any fees for extras) shall be forfeited to the Agent.
(c) If the holiday accommodation is relet, monies received by the Agent for the relet holiday, less the deposit, booking fee and any extras already paid by the Holidaymaker, will be refunded to the Holidaymaker within 2 weeks after the relet holiday has taken place.
(d) Holiday cancellation insurance is not provided by the Agent or the Property Owner and is not included in the price of the holiday. All holidaymakers are recommended to take independent advice on appropriate holiday insurance.
CANCELLATION OR CHANGES BY THE AGENT
5.
(a) In the event of the Agent being unable to arrange the holiday accommodation requested by the Holidaymaker, or the Property booked by the Holidaymaker becomes unavailable for any reason, the Agent will endeavour to arrange alternative accommodation for the Holidaymaker of an equivalent type and standard, failing which (at the option of the Holidaymaker) all monies paid by the Holidaymaker will be refunded. The Agent will then have no further liability to the Holidaymaker in that respect.
(b) Neither the Agent nor the Owner is liable for the additional cost of any alternative accommodation which shall be paid by the Holidaymaker.
(c) If the offer of alternative accommodation is not accepted by the Holidaymaker within 28 days, the Agent shall refund all monies paid by the Holidaymaker.
RESPONSIBILITIES OF THE HOLIDAYMAKER
6. During the period of the holiday, the Holidaymaker undertakes the following:-
(a) That the number of people occupying the property will not exceed the number stated on the booking form. If it does the Agent/Owner can refuse to allow the Holidaymaker to take possession of the Property or require the Holidaymaker to leave the accommodation before the end of the holiday. In this event the Agent shall treat the holiday as having been cancelled by the Holidaymaker and the Holidaymaker shall have no claim against the Agent for compensation or reimbursement.
(b) That the property will be used solely by the Holidaymaker and the person or persons named on the booking form and shall not be used by anyone under the age of 18 years in any event.
(c) To show due consideration for other parties. If the Holidaymaker abuses the Property or display dangerous or offensive or rude behaviour to the Agent, the Owner or any third parties, the Agent/Owner reserves the right to ask the Holidaymaker to leave the accommodation before the end of the holiday. In this event the Agent will be entitled to treat the holiday as being cancelled by the Holidaymaker and the Holidaymaker shall have no claim against the Agent for compensation or reimbursement.
(d) To allow the Agent or his representatives access to the Property at any reasonable time during the period of the holiday.
(e) 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 Agent reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker’s occupancy and for any consequential loss.
(f) To report as soon as possible to the Agent any breakages or damage caused by the Holidaymaker during the holiday and to reimburse the Agent with the cost of replacement. The Owner reserves the right to claim from the Holidaymaker the cost of repair or for loss as a result of damage caused.
(g) To notify all other members of the Holidaymaker’s party of these conditions.
(h) Not to smoke in the Property.
(i) Not to keep any animals or birds in the Property.
(j) To arrive after 3pm on the arrival day and to vacate the Property by 10am on the day of departure unless different arrangements have been agreed with the Agent.
(k) The Holidaymakers’ vehicles and their contents and the Holidaymakers’ personal belongings are left at the Property during (and after) the period of the holiday entirely at the risk of the Holidaymaker.
(l) The Holidaymaker must not (without the express permission of the Agent) allow any person other than those booked and staying in the Property for their holiday to use the facilities and amenities of the Property.
(m) Not to permit or suffer anything to be done which would endanger the policy of insurance in respect of the Property and which might make it void or avoidable.
(n) Not to use the Property for any illegal or immoral purpose.
LIABILITY
7.
(a) The Agent shall accept no liability to the Holidaymaker for any loss, damage or injury howsoever caused to the Holidaymaker or to the Holidaymaker’s personal property (or to persons in the Holidaymaker’s party or their personal property) during their stay at the Property except to the extent such loss damage to injury is caused by the negligence or wilful default of the Agent.
(b) The Agent gives no warranty and is not responsible for the accuracy or otherwise of any information or representations given verbally by its servants or agents.
COMMUNICATION AND INFORMATION
8.
(a) For the purpose of the Data Protection Acts, all personal and other information and details collected by the Agent during the course of its business belong to the Agent and will not be disclosed except as required by law.
CONTRACT
9. These conditions shall be subject to the Law of England and Wales.