BOOKING TERMS AND CONDITIONS

1 General
The first named person in the holiday confirmation (“the Holidaymaker”) agrees to enter into a contract with the Owner of Clearwater Cottage, Brian and Marion Barnard (“the Owner”) on the following terms and conditions.
1.1
The Holidaymaker is responsible for the payment of the full price of the holiday and for ensuring that all members of his party comply with all these conditions.
1.2
The Holidaymaker must be aged 18 or over at the time when the holiday confirmation is issued by the Owner.

2 Payment
Bookings must be accompanied by the appropriate deposit. The Owner shall not be deemed to have accepted a booking until the holiday confirmation has been issued.
2.1
The balance must be paid not later than six weeks before the commencement of the holiday. Failure to pay the balance at this time will constitute cancellation by the Holidaymaker, in which case condition 5 shall apply. It is however the Owner’s normal practice to send one reminder before processing such cancellations.
2.2
If the Holiday Maker books the holiday less than six weeks from its commencement, the full cost of the holiday shall be payable on sending the Booking Form to the Owner.
2.3
All payments shall be made to the Owner at the address stated on the Booking Form. Payments shall be paid by cheque made payable to Brian and Marion Barnard
2.4
The price payable for the holiday is inclusive of all booking fees and charges.

3 Damage Deposit
A deposit of £200 against damage or breakages is payable with the final payment 6 weeks before the commencement of the holiday. Should there be no breakages or damage to the property the deposit will be repaid in full within 7 working days of the end of the holiday.
3.1
If there is cause for recompense the Owner shall advise the Holidaymaker of the value of the damage/breakages, which will be deducted from the damage deposit. If the damage exceeds the deposit then the Owner will seek additional recompense from the Holidaymaker.
3.2
The damage deposit shall be paid by cheque made payable to Brian and Marion Barnard.
3.3
If the Holidaymaker cancels the booking then the damage deposit will be returned in full.

4 Cancellation by the Owner
In the unlikely event that, where a Holiday Maker is not in breach, it shall be necessary for the Owner to cancel the holiday accommodation for the period booked due to circumstances beyond their control, the Owner will inform the Holidaymaker as soon as possible and offer alternative dates if available. If the alternative dates offered are not acceptable to the Holidaymaker then the Owner shall refund in full all monies paid and shall not be under any other liability.

5 Cancellation by the Holidaymaker
Any cancellation made by the Holidaymaker (for whatever reason) shall be in writing addressed to the Owner at the address stated on the booking form. The effective date of cancellation is when the Owner receives written notification. Should the Holidaymaker cancel the booking more than six weeks prior to the commencement date of the holiday, the full deposit paid will be retained. Should the Holidaymaker cancel the booking six weeks or less prior to the commencement date of the holiday, the full cost of the holiday will be retained. In order to ensure a speedy receipt and processing of cancellation the Owner recommends that the Holidaymaker send written notification of the cancellation by recorded delivery.

6 Insurance
The Owner strongly recommends that the Holidaymaker has Holiday cancellation insurance.

7 Limitation of Liabilities
Nothing contained in these Conditions shall exclude or restrict any statutory rights, which the Holidaymaker has against the Owner.
7.1
The Holidaymaker deals as a consumer and in no event shall the Owner be liable for losses, costs or damages suffered or incurred by the Holidaymaker as a result of failure to perform or breach by the Owner of their obligations under this Agreement which are business losses including but not limited to economic loss or damage, loss of profits, interest, business revenue or savings and loss of contracts and whether such losses or damages arise in contract tort or statute and whether as a result of negligence or otherwise.

8 Booking Conditions
Upon receipt of the holiday confirmation form, please check the details to make sure they are correct. Any corrections can be made up to 28 days from receipt of confirmation, but cannot be rectified beyond that date. The Owner reserves the right to treat a change of holiday dates that is made at the request of the Holidaymaker as a cancellation of one holiday and the booking of another, in which case Condition 5 above will apply.

9 Number of People using the Holiday Accommodation
The number of people using the holiday accommodation shall not exceed 6. In the event that the maximum is exceeded the Owner will revoke the booking, which will be treated as a cancellation by the Holidaymaker and condition 5 will apply.

10 Damage to Property
The Owner reserve the right to refuse to hand over the property where in the reasonable opinion of the Owner it is likely that damage to the property will be caused by the Holidaymaker or any member of the Holidaymaker’s party.
10.1
The Owner reserves the right to re-possess the property at any time where damage has been caused or in the reasonable opinion of the Owner is likely to be caused to the property by the Holidaymaker or any member of the Holidaymaker’s party.
10.2
In the event of a reasonable refusal to hand over the property or repossession on the grounds set out in Conditions 10 and 10.1 above the Owner shall not be liable to make a refund of any monies paid.
10.3
In the event of an unreasonable refusal to hand over the property, fair compensation (up to the amount paid to the Owner by the Holidaymaker) will be paid to the Holidaymaker.

11 Access
The Owner or his/her representative shall be allowed access to the holiday accommodation at any reasonable time during any holiday occupancy

12 Arrival and Departure
The normal time of occupation is after 16:00 on the holiday start date and the holiday accommodation must be vacated by 11:00 on the last day. If the Holidaymaker’s arrival is delayed the Holidaymaker must advise the Person whose name and address or telephone number is given in the holiday confirmation form (“the holiday contact”) so that suitable arrangements can be made for entry to Clearwater Cottage.

13 Pets/Smoking
Pets and smoking are not allowed in Clearwater Cottage. The Owner has the right to re-possess the property at any time if this condition is broken and in this event the Holiday will have deemed to be cancelled by the Holidaymaker and condition 5 shall apply.

14 Holidaymaker’s Responsibilities
The Holidaymaker shall keep the holiday accommodation and all furniture, fittings and effects in or on the holiday accommodation in the same state of repair and condition as at the commencement of the holiday and shall leave the holiday accommodation in the same state of cleanliness and general order in which it was found. The Holidaymaker shall be liable to the Owner for any loss, costs, expenses and claims arising from any damage caused to the property and / or its contents by the deliberate or negligent act or omission of the Holidaymaker or of any person in his/her party. If as a result of such damage, the property or any of its contents need to be repaired or any of its contents need to be replaced the Holidaymaker shall be responsible for paying the reasonable costs of doing so.
14.1
The Holidaymaker and his party agree to abide by the rules and regulations of the Lower Mill Estate, a copy of which will be available in the cottage.

15 Complaints
In the unlikely event that the Holidaymaker is disappointed with the holiday accommodation, the Holidaymaker should first contact the Holiday Contact who will use all reasonable endeavours to solve the problem. Where this is not possible, the Holidaymaker should contact the Owner. If after that the Holidaymaker still feels that the problem has not been resolved to his/her satisfaction then the Holidaymaker must within 7 days of returning from holiday, put his/her comment in writing to the Owner.

16 Death or Personal Injury
The Owner shall not be responsible for the death or personal injury to the Holidaymaker or any number of the Holidaymaker’s party save insofar as this results from proven negligence of themselves or their employees.

17 Force Majeure
The Owner shall not be liable for any loss, breach or delay due to any cause beyond the Owner’s reasonable control including though not limited to Act of God, Explosion, Flood, Tempest, War or Threat of War, Sabotage, Insurrection, Civil Disturbance or Requisition, Acts, Restrictions, Regulations, Bye-laws, Prohibitions or Measures of any kind on the part of any governmental, parliamentary or local authority, Embargos, Strikes, Lock-outs, or other Industrial Actions or Disputes. Under any such case the Owner shall be entitled to treat the contract as discharged.

18 Law of the Contract and Jurisdiction
English law shall apply to all contractual obligations arising out of these bookings, which shall be deemed to have come into existence in Somerford Keynes, Gloucestershire, England.
18.1
The contractual obligations referred to in 18 above shall be subject to the jurisdiction of any of the courts of England, Wales, Scotland or Northern Ireland unless one or more of the parties to the contract is resident outside the United Kingdom at the date the contractual obligations are entered into in which case English courts shall have exclusive jurisdiction.

19 Headings
These conditions shall be read and considered without reference to their headings, which are included for convenience only.