Terms & Conditions
Limited Terms & Conditions of Booking
Hare and Lobster Cottages Limited Terms & Conditions of Booking
The Agent has been appointed by the Owner of the Property specified to accept bookings on their behalf in respect of the Property. These Terms and Conditions form an agreement with all bookings taken from the Agents website, by telephone or in person by the Agents employees or representatives.
- Agent- means Hare and Lobster Limited
- Agreement- means the contract formed between the Owner and the Guest under this document
- Booking Form - means the form attached to these Terms and Conditions
- GDPR- means the General Data Protection Regulations
- Guest- mean the person or persons booking stay at the Property
- Guest Party- means the Guest and the other persons named on the Booking Form as to occupy the Property during the Holiday Rental
- Holiday Rental - means the agreed period of rental by the Owner to the Guest
- Owner- means the Owner of the Property
- Property - means the property specified on the Booking Form
- Terms and Conditions- means the terms and conditions contained in this document
All bookings for the Property are subject to the Terms and Conditions which form a binding contract between the Guest and the Owner.
The Guest who shall be responsible for the actions of all persons named on the Booking Form or other persons visiting the Property as a visitor during the Guests stay at the Property. The Guest must ensure that they are aware of and comply with the Booking Terms and Conditions.
The Holiday Rental shall commence at 4.00pm on the agreed date and terminate at 10.00am on the agreed date
The Guest warrants to the Owner that he/she is aged over 18, will be a member of the party intending to occupy the Property and is authorised to enter into this Agreement in respect of the proposed use of the Property on behalf of Guest Party.
We recommend you take out appropriate Travel Insurance and Holiday cancellation insurance for this booking. Neither the Owner nor the Agent insures the Guest or the Guest Party.
If you want to ask us anything about the services available through the Website, enquire about your booking, or send us any information or notice under these Terms and Conditions, please e-mail us at [email protected] or call us on 01677 451 893/07979 42
We will normally communicate with you by phone or by sending any confirmation, notice and any other message to the e-mail address you have given us. You should assume that will be the case unless we agree or notify you otherwise.
The rental price for the Guest Party’s stay at the property (specified on the Booking Form) is payable by the Guest to the Agent (on behalf of the Owner) as follows:
|More than 8 weeks before the start of the holiday rental||A non-refundable deposit of 30% of the total cost of the holiday rental.||Balance due eight weeks before the holiday rental start date.|
|Less than 8 weeks before the start of the holiday rental||A non-refundable payment of the full rental amount must be made on booking|
All payments must be made in time for cleared funds to be received by the Agent by the applicable due date.
Once we have taken payment on the agreed date, we will e-mail you with arrival details, directions, key information regarding your stay.
If you do not pay the balance of the booking on the due date, the Agent is entitled by notice to you to treat your booking as cancelled and terminate any contract with you. You will be responsible for all cancellation charges that may apply.
By agreeing the Terms and Conditions you are committed to the price agreed for the Holiday Rental.
If required by the Owner, the Guest must pay to the Owner a security deposit as stated on the booking confirmation (“Security Deposit”) which will be returned within 14 days of the holiday termination date. This will be subject to any costs incurred for breakages, property damage, additional cleaning and rectifying losses during the term of occupancy.
The Lead Guest must make the payment direct to the Owner using the account details as supplied on the confirmation or via other communication as outlined on the confirmation. The payment must not be sent to The Agent.
This is an agreement between the Owner and the Lead Guest and at no time will the Agent be responsible or liable for monies withheld or deducted by the Owner or be liable for the actions taken by the Owner in paying back the deposit.
Methods of Holiday Rental payment (not Security Deposits)
Payments may be made by debit card or bank transfer.
You will be asked to make payment through the Agents’ Website or by BACS to the following account:
Account name: Hare and Lobster Cottages Limited
Holiday Rental Price Inclusions
Property prices quoted include bed linen, towels and gas/electricity for the property. It is the discretion of the Owner of the Property as to other inclusions offered at each property. If the Guest has any questions as to other possible inclusions these must be checked by the Guest before booking.
Booking Procedure and contract formation
When you make an online booking, you make an offer to buy the Holiday Rental as described in the booking, and that offer is subject to payment and acceptance. When you make a telephone booking you make an offer to buy the Rental over the telephone and we will let you know by telephone if the booking is accepted.
You may choose to end your booking at any time until we accept it and subject to the Booking Terms and Conditions.
At the moment your booking is accepted, a legally binding contract is made between you and us, acting as Agents for the Owner. The Agreement will remain in force until terminated in accordance with these Terms and Conditions, and the law. The Guest remains fully liable under the Agreement in circumstances of termination as a result of a breach of these terms by the Guest or of a member of the Guest Party.
Each Holiday Rental is separate agreement from each other contract, unless it is agreed otherwise.
Subject to the Booking Terms and Conditions, once the Agent accepts your booking you remain liable to pay in full or in part for the booking even if you are unable to take the Holiday. If you wish to cancel the Booking, the cancellation charges of these Terms and Conditions shall apply.
Changes to your Holiday
Regrettably we can only make changes to bookings if:
- the property you wish to change to is available on the new dates;
- your request for a change is made more than two calendar months before the start date of the original Holiday.
- A change to your Holiday will incur an administration fee of £50 and additional fees may be incurred where you have changed to different dates or a more expensive property.
- If we are unable to accommodate a change to your Holiday, your original booking will continue to be valid unless cancelled in accordance with these Terms and Conditions. If you decide to cancel the booking you will be responsible for any cancellation charges that may apply.
- In the unfortunate event that we have to make changes to your booking (for example if the property is uninhabitable), we will endeavour to find a suitable alternative booking date If it is not possible to find an alternative for you. We will refund all sums paid by you for this Holiday. This will be our only obligation or liability to you in such circumstances and no compensation will be due.
- Any cancellation made by the Guest for whatever reason must be communicated in writing to The Agent.
- On receipt of notice of cancellation, The Agent will seek to re-let the property for the period of booking.
- If The Agent succeeds in re-letting the property for the whole period, it shall refund all the monies paid less the initial deposit. If The Agent is unable to re-let the property at all then the full rental is forfeit.
- You may be able to claim on your Cancellation Insurance, but this is not the responsibility of the Agent to assist with any claims.
- The Guest may not (without the prior written consent of the Agent) transfer one booking to another Property, or carry over, or receive a refund for, any unused period booked;
The Guest shall note and accept the Property names may change, however the Property being the subject of the booking will remain the same.
I.e. - a property described as “West View” may be “West Cottage”
The Owner is responsible for updating the Agent with all changes to the property name and details including, but not limited to photography and property descriptions to provide an accurate description of the Property on the Agents website but sometimes errors or omissions occur.
Where we discover a material error or omission in the information we have given you, this could be, for example changes to the property structure, we will inform you and give you the opportunity to re-confirm your booking based on the corrected information, or to cancel it and obtain a refund as set out in Cancellation and Refunds.
If there has been a significant error in the property information, the Guest may cancel a booking within 5 working days (i.e. excluding Saturdays, Sundays and public Holidays in England) after we send you the corrected information. If a cancellation is not received, then we will treat your booking as confirmed.
No implied warranty
The Guest agrees (on behalf of him/herself and the Guest Party) that, save to the extent set out in this Agreement, the Agreement is not entered into relying upon any representations and warranties made by or on behalf of the Agent or Owner, except as contained in the Terms and Conditions or provided in writing by the Agent or Owner .
Unless otherwise agreed by the Agent or Owner, the Property is available from 16:00 on the day of arrival until 10:00 the day of departure. The Owner or representatives of the Owner have the right to enter the Property outside of these times.
Access during the Holiday Rental
There may be occasions during your Rental where the Owner’s representatives require access to the Property to carry out contractual obligations or timely maintenance. We reserve the right to access the Property during the Holiday Rental at reasonable times and where we have provided you with reasonable notice, except in an emergency when no notice need be given.
Keys will be available on arrival in a designated place (whether key safe or another safe place). Guests are required to leave keys in the same place found on arrival, ensuring the Key safe (if appropriate) is locked.
Guest and Guest Party Obligations
- Not to exceed the maximum number of persons confirmed in the booking.
- No smoking or vaping allowed at the Property.
- To ensure that only the members of the party as named on the booking confirmation occupy the property for the Holiday Rental.
- Not to sub-let the property, or any part of the Property.
- Only allow pets as permitted and stated on the confirmation and to observe the Owners terms and condition relating to pets.
- To keep the Property clean and in good order and communicate back to the Agent or Property Owner any breakages. The Owner will be entitled to deduct the cost of remedying any breach of these obligations.
- Without being unreasonable, if, in the Agents or Owners opinion, your behavior at the property falls below an acceptable level or causes, or is likely to cause, a nuisance (whether amounting to a legal nuisance or not) to the occupants of nearby properties we reserve the right to cancel the remainder of your Holiday Rental with immediate effect. When this happens, you will be responsible for any cancellation charges that may apply, and no refund will be due.
- To notify The Owner if your departure from the property is prior to the end of the period of hire in order that we may ensure that the property is secure.
- You are responsible for ensuring that the Property is left in the same state to which you found it. During your Holiday Rental you are required to take all reasonable steps necessary for the proper care of the Property, its contents and any outdoor areas. In the event that there is any damage, breakages, losses, repairs or cleaning required as a result of your stay at the Property you will be liable for the full cost of returning the property to the state that it was in at the start of your Holiday Rental.
Safety and Liability
The Guest agrees with the Owner that he/she shall (and shall procure that each member of the Guest Party shall):
Read and familiarise the Guests Party (or be made aware of) the contents of any information pack at the Cottage, including but not limited those sections regarding safety and fire escape (“Cottage Information Pack”) and ask the Agent immediately if any instructions in the Cottage Information Pack are unclear.
Comply with any instructions in the Property Information Pack (or similarly title instructions) and in any event shall not (and shall not permit anyone at the Property to):
- Use candles or similar in the Property;
- Leave any wood burner, stove, open fire, naked flame, BBQ, gas hob or oven unattended, when lit/hot;
- Cook with a deep fat fry method;
- Leave children and/or pets unattended;
- Leave the Property unlocked when vacant;
- Vandalise, damage or deface the Property;
- Allow any person or pet to reside at the Property who is not on the Booking.
- Do anything which could render the Owner’s insurance policy(i.e.) in respect of the Property void or voidable
- Accept full responsibility for their own and their children’s safety. Any properties with swimming pools, hot tubs, baby equipment and play equipment must be used at your own risk.
Owner may be able to provide travel cots, highchairs, sterilisers and other baby equipment on request, but they are not under obligation to do so. Cot linen, mattresses and duvets are not provided.
The Property representatives will leave the equipment in the Property for arrival and will only erect travel cots if instructed. You should check all baby equipment before use ensuring that it is safe and appropriate for use and make sure you use it responsibly. Guests are asked to leave the equipment in the same condition and set up as found.
Pets are only permitted in the Property subject to Owner’s prior consent (and on payment of the additional applicable fee). Pets are not allowed on furniture or beds in the Property and are never to be left unattended in the Property. Neither the Agent nor the Owner shall be liable for pets’ safety at the Property.
You are responsible for clearing up after your pet. If the Property is are required to do any extra cleaning inside or outside the property as a result of your pet, you will be responsible for paying our reasonable cleaning charges which we will take from your deposit.
Neither the Owner nor Agent is responsible for lost or left items during your Holiday. The Guest will be required to communicate with the Owner directly to discuss the return of the items. The representatives of Property have the right to donate to charity any items not returned after 14 days.
If Wi-Fi is a fundamental part of your Holiday, the Guest must check the strength of the Wi-Fi at the Property before booking and paying for their rental as the Agent nor Property can be held responsible for Wi-Fi strength. If the Wi-Fi disconnects the Agent will notify the Owner and request they resolve the issue directly with the Guest.
Injury, loss, expense and inconvenience
The Owner does not accept any liability to the Guest or any third parties for any accident, damage, loss, injury expense or inconvenience, which may be suffered, incurred, arise out of or in any way connected with the rental, except where these result from the Owner’s negligence.
The Agent is not liable to the Guest or any third party for any accident damage, loss, injury expense or inconvenience, which may be suffered, incurred, arise out of or in any way connected with the rental.
So far as the Owner has liability to the Guest and any third party the financial liability (save for injury or death) shall not exceed an amount equal to all amounts that have been paid to the Owner.
Nothing in the contract shall affect the liability for either party for death or personal injury, fraud any other liability to the extent it cannot be excluded or limited by law.
In no event shall we be liable, whether for breach of contract, any tortuous act or omission (including negligence) or otherwise, under or in connection with the contract for loss of profit, loss of reputation, loss of business, revenue or goodwill, anticipated savings, loss or damage to data, or for any consequential or indirect loss, and regardless of whether the loss or damage would arise in the ordinary course of events, is reasonably foreseeable, is in the contemplation of the parties, or otherwise.
Owner and Agent Responsibilities
Factors outside of our control
If the Owner or the Agent is prevented, hindered or delayed from or in performing any of our obligations under the contract as a result of any event which is beyond our reasonable control, we shall not be liable for any cancellation or change to the contract which is necessary. This will include acts of God, war, terrorism, fire, adverse weather conditions, floods and natural disasters, and other matters force majeure which could not have been, or the effects of which could not have been reasonably avoided,
The Owner or Agent is not liable for any disturbance you suffer caused by holiday fairs, fetes, festivals or events or building works in the vicinity or in neighbouring properties during your holiday.
We cannot accept responsibility for any changes or closures of local and regional amenities or attractions described in the brochure or on the website.
We take all complaints and suggestions very seriously and encourage feedback by leaving evaluation forms in the property for your use. Please advise us immediately if you have a complaint during your Holiday. Complaints received following the end of your Holiday are difficult to investigate and we may not be able to verify the circumstances of your complaint. We will investigate all complaints that we receive thoroughly, and we will attempt to resolve the complaint where this is possible.
If you breach any contract between us and we fail or neglect to enforce the provisions of the contract, our omission or silence should not be understood by you that we are giving up our rights or remedies. If either you or we do give up our rights or remedies on one occasion, that does not mean that we or you are doing so in respect of any other rights or remedies.
This Agreement contains the entire agreement between the Owner and the Guest and Guest Party in respect of the applicable booking.
- The failure of or delay by the Owner to enforce or exercise, at any time or for any period of time, any term of, or any right pursuant to this Agreement does not constitute and shall not be constituted as a waiver of such term or right.
- No amendments to this Agreement are valid unless they are made in writing and signed by the Lead Guest and the Owner (or Agent on its behalf).
- This Agreement and all matters arising from or connected with it shall be governed by, and construed in accordance with, English law and the courts of England have exclusive jurisdiction to settle any dispute arising from or connected with this Agreement, including a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity.
No term of the Contract is enforceable under the Contracts (Rights of The Third Parties) Act 1999 by a person who is not a party to the Contract.
Your statutory rights
Nothing in these Terms affects your statutory rights.