brixhamcottages.com is a website owned and operated by The Travel Chapter Limited trading as holidaycottages.co.uk.
Bookings are made and accepted only on the following conditions:
holidaycottages.co.uk (“the Website”) is a website owned and operated by The Travel Chapter Limited.
Contract and Booking
- The Travel Chapter Limited, trading as holidaycottages.co.uk, hereinafter called "the Agency", act only as agents for (i) the owners of the accommodation ("the Owner") or (ii) other agencies who themselves act as agents for the Owner. In all circumstances, the Contract of Letting is between the guest ("the Guest") and the Owner. The Agency is part of a group, and “Agency Group” means the Agency and any subsidiary or direct or indirect holding company of the Agency, and any subsidiary of any such direct or indirect holding company from time to time.
- This agreement is made on the basis that the property ("the Property") is to be occupied by the holidaymakers for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions) and the Holidaymakers acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends.
- Bookings cannot be accepted from persons under 18 years of age. Group bookings of single sex parties are not allowed unless special arrangements are made by the Agency with the Owner (safety deposits may be required). Any pets you intend to take with you should be declared at the time of booking and checked and authorised via the Owner (where requested).
- No bookings are valid until confirmed by the Agency in writing.
- Once a booking is confirmed it is not subject to change. If you choose to cancel see section 8 for details of the terms that would apply. Whilst we will be under no obligation to do so, we may in certain circumstances and with the agreement of the Owner, make minor adjustments to bookings. In these circumstances we will charge £20 to make the change.
- A deposit of 1/3rd of the cost of the holiday ("Deposit") must accompany the booking request, plus the Booking Fee (as detailed at the time of booking) and the Holiday Insurance (if actively selected at the time of booking). The Booking Fee and Deposit are non-refundable unless the Agency is unable to accept the booking, and as specified below.
- The Agency recommends that Holiday Insurance is taken out (whether arranged by the Agency or otherwise) when making a booking even when payment is made in full.
- Please note that where Holiday Insurance is taken out with the Agency it is being arranged by the Agency, and not by the Owner, nor by any other agencies or member(s) of the Agency Group.
- Once a booking is confirmed by the Agency, the Guest is responsible for the full balance of the cost of the holiday. This shall be paid not later than 9 weeks before the booking is due to commence.
The Agency reserves the right to re-let any holiday where any monies due are more than 7 days in arrears whereupon any monies paid by the Guest over and above any non-refundable Holiday Insurance, Booking Fee and Deposit will be refunded. However, if the Agency is unable to re-let the holiday the Guest will remain liable for the outstanding balance of the cost of the holiday, and (if applicable) the Holiday Insurance, the Deposit and the Booking Fee.
*If you booked your holiday on or before 16th April 2020 AND your holiday is due to take place in between the period of 5th June 2020 and 31st August 2020 please see our special balance payment policy which has further details on when balances are due for holidays in this period.
- The Owner is solely responsible for providing the accommodation and for thesafety of all Guests and/or his/her invitees (jointly known as "the Holidaymakers"). The Agency accepts no responsibility for personal injury to, or death of, any Holidaymakers, or loss of or consequential loss or damage to their property, or for other matters over which the Agency has no control, except to the extent such personal injury or death is caused by the negligence or wilful default of the Agent.
Holidaymakers' responsibilities and forfeiture
- The Holidaymakers shall keep the Property and all furniture, fixtures, fittings and effects in, on or at the Property in the same state of repair as at the commencement of the holiday, and shall leave the Property in the same state of cleanliness and general order in which it was found.
- The Holidaymaker must report and pay to the Owner the cost of any damage or breakages made during their holiday occupancy. The Agency and the Owner reserve the right to make a reasonable charge where guests have contravened an Owner's request for their Property to be smoke-free.
- The Holidaymakers' right to occupy the Property may be forfeited without compensation if:
- More people or pets than declared to the Agency at the time of booking or before the commencement of the holiday and/or the number the Property holds, attempt to take up occupation;
- Overnight guests are entertained without the Owner's express permission;
- Any activity is undertaken which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance; or
- Any of the Holidaymakers smoke in or at the Property.
Unavailability of Property
- In the event of the Property becoming unavailable (such as due to fire or flooding), the Agency will endeavour to provide the Guest with suitable alternative accommodation or will refund all monies paid, or a proportion in the case of curtailment. The Agency cannot, however, pay any compensation or expenses as a consequence of such an event.
8.1 In the event of cancellation, Guests may be due a partial refund which is dependent on when notice of cancellation is given to us before the holiday start date. The refund is calculated as follows:
• 21 or less days notice – No refund due
• 22-35 days notice – 10% of the total accommodation cost
• 36-49 days notice – 20% of the total accommodation cost
• 50-63 days notice – 40% of the total accommodation cost
• More than 63 days notice – the Guest's liability for the remainder of the balance will be waived or the balance refunded if this has been paid previously.
If a refund is due it will be paid within 10 working days of cancellation.
8.2 Where a Booking has been taken with a deposit which is less than our standard Deposit (of 1/3 of the total accommodation cost plus Booking Fee), the Guest will, upon cancellation, be liable to pay the difference between the reduced deposit and our standard Deposit.
8.3 For all cancellations, the Booking Fee and any extras will be retained. If Holiday Insurance has been taken out, the applicable fee will be retained, unless the Insurance is cancelled within 14 days of Booking.
8.4 If your booking was made in accordance with our Special Customer Amendments Policy (a “Transferred Booking”) the numbers of days’ notice you will be deemed to have given for paragraph 8.1 will be the lower of either; a. the number of days notice to transfer the original booking or b. the number of days notice to cancel the Transferred Booking.
*If you booked your holiday on or before 16th April 2020 AND your holiday is due to take place in between the period of 5th June 2020 and 31st August 2020 please see our special balance payment policy which has further details on the special cancellation policy for holidays in that period.
- At certain times of the year Guests will be eligible to secure their next holiday for a deposit which is less than as set out in clause 2.1. The Agency will give you details of any applicable terms before, or when, you make your booking.
- Dogs are only allowed at Properties where this is specifically stated in the Property description; additional dog restrictions will be contained in the “Need to Know” section – please read this section carefully.
- Where dogs are allowed, there is an additional charge of £20 per dog, for each full or part week. You will be informed of the charges at the time of Booking.
- If you take a dog to a Property that states pets are not allowed, or you exceed the stated number/size of dog(s), the Owner (or their representative, which includes the Agency) has the right to refuse to allow Holidaymakers to enter or stay in the Property, and/or they may ask the Holidaymakers to leave the Property before the end of the holiday period.
- Registered assistance dogs are allowed in all Properties, even when where the property description states that pets are not allowed, provided that all Holidaymakers comply with the provisions in paragraph 10.7. You must notify us of the intended presence of any assistance dogs, with evidence of registration, prior to making a Booking.
- If any Holidaymaker has an allergy to dogs, please be aware that Owners (and we) cannot guarantee that an assistance dog has not stayed in a particular Property. We and Owners cannot accept responsibility for any suffering which may occur as a result of such animals having been present in a Property.
- Young dogs (e.g. puppies) must be declared to the Agency at the time of Booking and authorised by the Owner. If a young dog is taken to a Property without the consent of the Owner this could result in you being asked to leave without compensation. When booking online it is advised you check the acceptance of your pet by telephoning the Agency's Reservations Department.
- The following dog terms apply:
- Dogs must be under strict control at all times while in or at the Property;
- Any fouling must be cleared up without delay;
- The dog owner must bring the dog's bed or basket for sleeping in;
- Dogs must not be left alone in or at the Property or elsewhere at any time;
- Dogs must not lie on beds or furnishings, and hair must be cleared up before departing;
- Dog owners must ensure that their pets are free from parasites and fleas before they occupy the Property. Failure to do so may incur subsequent charges;
- You will be liable for any damage caused by your and any Holidaymakers’ dogs. Any damage is to be reported to the Owner (or their representative) immediately. Any additional cleaning required, that may incur an additional charge, will be at the Owner's discretion.
- If you break the terms of paragraph 10, the Owner (including their representative) or the Agency may notify you that you have broken these terms and may cancel this Booking and ask that the Holidaymakers leave the Property before the end of the holiday period without compensation, or that they pay an additional reasonable charge.
- Pets other than dogs may be allowed at the Owner’s discretion. This must be approved prior to making a Booking and can be arranged by telephoning the Reservations department; the Owner has the right to refuse to allow Holidaymakers to enter or stay in the Property or ask Holidaymakers to leave the Property before the end of the holiday period if prior approval has not been given. Additional charges and terms may apply.
- For Properties located on the Isle of Wight you can book a ferry crossing at preferential rates directly with selected ferry operators.
- The Agency and the Agency Group companies do not offer nor arrange any ‘package’ holidays or ‘linked travel arrangements’, both as defined in the Package Travel and Linked Travel Arrangements Regulations 2018. The Agency and any Agency Group companies shall not and will not be able to provide a discount code or link with preferential rates until at least 24 hours after the corresponding holiday booking has been confirmed.
- Any ferry bookings will be in accordance with the terms of carriage of the relevant ferry operator.
- The ferry company alone are responsible for the safety of all Holidaymakers during the crossing subject to and in accordance with the relevant ferry company's terms of carriage. The Agency and the Agency Group companies accept no responsibility for personal injury to, or death of, any Holidaymakers, or loss of or consequential loss or damage to their property, or for other matters over which the Agency and/or any applicable Agency Group company has no control, except to the extent such personal injury or death is caused by the negligence or wilful default of the Agent and/or Agency Group company.
Owner's access to Property
- The Owner or their representative, including the Agency, shall be allowed access to the Property at any reasonable time during any holiday occupancy.
VAT and IPT
- All prices quoted include VAT and Insurance Premium Tax where applicable at current rates.
- In the event of there being cause for complaint concerning a Property, the matter shall be taken up with the Owner (or Owner's caretaker) at once (their details are supplied on the booking confirmation and they understand that they are the first point of contact should there be cause for complaint), only thereafter reported to the Agency if required. It is important that this is done whilst you are still at the Property so that an on-the-spot investigation can be made if necessary and remedial action taken if required.
- In no circumstances will compensation be considered for complaints raised after the holiday has ended, when the Holidaymakers have denied the Owner/caretaker or the Agency the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday. Please use the Customer Service Department when contacting the Agency. During out-of-office hours, an answer phone facility will be available which will be checked on a regular basis.
- We have compiled the information in our brochure and on our Website as accurately as possible at the time of going to press. However, facilities may be altered or withdrawn for reasons outside the Agency's control, in which case we cannot accept responsibility.
- We make every effort to ensure that the Property details supplied to us by the Owners are accurately reproduced. Mistakes may occur from time to time, and confirmation should be requested prior to booking. The Holidaymakers accept that minor differences between text/photographs/illustrations in the brochure and on the Website and the actual Property may arise. We cannot accept responsibility should the Property not conform to the Holidaymaker's standards. If a facility is particularly important to you, please check with us prior to your booking.
Communication with you and data
- The Agency may as part of a booking introduce Holidaymakers to the goods and/or services of third parties. The Agency shall not be treated as an agent for any such third parties, and any contract for the supply of such goods and/or services shall be between the provider and the Holidaymaker.
- Please see our Privacy Statement which explains how we will process your personal data.
- All electronic data transferred pursuant to these terms and conditions remains the property of the Agency or their agents and may not be replicated in part or whole without the Agency's prior written permission. Electronic data will not be preserved indefinitely by the Agency.
- Any dispute, claim or other matter which may arise in relation to your booking will be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.
The Booking Conditions will apply to all confirmed bookings, and these Website Booking Conditions supersede all previous editions.