Cumbrae Holiday Agency (the agency) acts entirely as a booking agent and not the principal. It arranges the bookings and reservations of holiday accommodation as agent for the owner of such holiday accommodation.
Formation of contract:
A binding contract between the person who has signed the booking form or offered a debit/credit card for payments by telephone (the visitor) and the property owner shall be entered into on the agency issuing the holiday confirmation form to the visitor. The visitor is responsible for payment of the price of the holiday and the compliance of members of the party stated on the booking form with any of these conditions dealing with occupancy of the property.
Bookings cannot be accepted from visitors under 18 years of age at the time of the booking.
Bookings and reservations shall only be accepted by the agency upon payment of the appropriate deposit.
The balance must be paid by the date stated on the receipt for the deposit. Failure to pay the balance at this time will constitute cancellation by the visitor. It is our normal practice to send at least one reminder before processing such cancellations and for this service we reserve the right to make an additional charge of £20 for each reminder sent.
If the visitor books the holiday less than 8 weeks from its commencement the full holiday charge shall be payable on sending the booking form to the agency.
Receipt and banking of any deposit shall not constitute acceptance of any booking.
All payments shall be made to the agency at the address stated at the top of the booking form.
The price payable for the holiday is inclusive of all booking fees and charges payable to the agency.
The agency guarantees that after payment of the final balance of the holiday price there will be no increase in the price of the holiday.
Alteration or cancellation by the agency:
In the unlikely event that the agency will make an alteration or cancellation of the holiday, the agency shall inform the visitor and offer similar accommodation where possible (while reserving the right to charge the visitor any difference in price).
If the alternative accommodation is unacceptable to the visitor or if no such accommodation is available, the agency shall refund all monies paid and shall not be under any other liability.
Cancellation by the visitor:
The visitor shall inform the agency in writing of any cancellation whenever and for whatever reason it occurs. The effective date of cancellation is when written notification is received by the agency. Terms of payment and cancellation rules as laid out in the main brochure and on the web site apply.
THE BALANCE IS STILL DUE AT THE DATE SPECIFIED.
The agency may keep the booking deposit following cancellation.
Limitation of liabilities:
The visitor shall be entitled to the protection afforded to him/her by the unfair contract terms act 1977 and accordingly nothing in these conditions shall apply to exclude or restrict any liability which under subsection 2(1) or 7 of that act cannot in the relevant circumstances be excluded or restricted.
The visitor deals as a consumer and in no event shall the agency or the owners be liable for losses, costs or damages suffered or incurred by the visitor as a result of failure to perform or breach by the agency of its 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.
The visitor acknowledges that they are making this booking based solely on the information and terms contained in the brochure and on the web site.
Upon receipt of your booking confirmation, please check details are correct. Corrections may be made up to 28 days from receipt of confirmation. If you require us to amend your booking in any way, we reserve the right to charge an amendment fee of £20 per booking form. The agency reserves the right to treat a change of property and/or holiday dates as a cancellation of one holiday and the booking of another in which case ‘cancellation by the visitor’ applies.
Information in the Brochure and the Web Site:
The information in the brochure and the web site is believed correct when printed. While the agency makes all reasonable efforts to ensure accuracy of descriptions, the agency cannot accept responsibility for errors contained therein. The visitor must accept that minor differences between the illustrations and the actual properties may arise.
The property owner reserves the right to make modifications to the property specifications that are considered necessary in the light of operating requirements. In the interest of continued improvement, owners may alter or delete furniture, fittings, amenities or facilities advertised or previously available without prior notice.
If material changes occur after the visitor’s booking is confirmed, the agency will advise the visitor.
Number of people using the holiday accommodation:
Occupancy must not exceed the maximum stated in the brochure and on the web site. If the maximum number of persons is exceeded without prior agreement with the agency, the agency may refuse or revoke the booking. No refund will be made to the visitor.
Damage to Property:
The property owner and the agency reserve the right to refuse to hand over the property where in their reasonable opinion it is likely that damage will be caused to the property by the visitor or any member of his party. The owner and agency may also repossess a property where damage has been (or in their reasonable opinion is likely to be) caused. In the event of a reasonable refusal to hand over property or repossession there will be no refund of money paid.
The property owner and the agent shall be allowed access to the property at any reasonable time during occupancy.
Arrival and Departure:
Normal time of occupation is after 3p.m. on the arrival day. Any delay by the visitor must be notified to the agency. Failure to arrive by midday on the day after the arrival day and failure to notify the agency constitutes cancellation by the visitor. Departure must be by 10a.m. on the departure day.
Pets are only accepted at those properties so specifying in the brochure or the web site. General rules as laid out in the brochure and web site must be observed.
The visitor shall keep the holiday accommodation and all furniture, fittings and effects in the accommodation in the same state of repair and condition as at the start of the holiday and shall leave the accommodation in the same state of cleanliness and general order in which it was found. The visitor is responsible for all damage or loss to the accommodation and contents during his occupation and must report such damage or loss to the agency and pay appropriate compensation to the owner or agent before departure. A security deposit may be required at the start of the holiday.
Complaints by Visitors:
Any complaint must be directed to the agency who will make every attempt to rectify the situation. Where this is not possible the visitor must put his comments in writing and send to the agency within 7 days of the end of the holiday.
Death or Personal Injury:
Neither the property owner nor the agency shall be responsible for the death of or personal injury to the visitor or any member of his party (including pets) save insofar as this results from the proven negligence of themselves or their employees.
Visitor’s Personal Property:
Visitors must accept full responsibility for their own personal property.
The agency shall not be liable for any loss, breach or delay due to circumstances beyond its control including, but not limited to, act of God, explosion, flood, tempest, fire, accident, war, threat of war, sabotage, insurrection, civil unrest, requisition acts, restrictions, regulations, by-
laws, strikes, prohibitions, embargoes, or industrial action. In such case the agency shall be entitled to treat the contract as discharged. In the event of such discharge, the agency’s liability shall be limited to the refund of sums paid to the agency by the visitor less an administrative charge of £20.00.
All contractual obligations arising out of these conditions shall be subject to English law and the exclusive jurisdiction of the English courts.
These clauses shall be read and considered without reference to their clause headings which are included for convenience only.
This brochure/web site and the booking terms and conditions it contains supersedes all previous issues.