BEFORE MAKING A BOOKING REQUEST THROUGH US, PLEASE READ
THESE BOOKING TERMS CAREFULLY. WHEN YOU MAKE A BOOKING REQUEST
THROUGH US (WHETHER BY THE SITE, EMAIL OR TELEPHONE), THESE BOOKING
TERMS ARE DEEMED TO BE ACCEPTED BY YOU. WE DRAW YOUR ATTENTION IN
PARTICULAR TO THE PARAGRAPHS HEADED "OUR ROLE AND SCOPE OF OUR
LIABILITY", "WHAT WE ARE AND ARE NOT
LIABLE FOR") AND "OWNERS'
LIABILITY"). ALL KEY DEFINTIONS ARE IN THE
"WELCOME".
- Welcome
- You and us: In these terms and
conditions (which we call "Booking
Terms"):
- "we",
"us" and
"our" means Sykes Cottages Limited. Our
full details are in paragraph 21 below. We own and operate
www.sykescottages.co.uk (the "Site");
and
- "you" and
"your" means the holiday maker who is
making a booking request.
- Bookings: These Booking Terms apply
to any booking you make through us for use of a holiday property
(which we call a "Property") featured on
our Site (and we call that booking of a Property a
"Booking"). The Booking might be made on
the Site, by email or by telephone.
- Two contracts: When you make a
Booking you are entering into two legally binding contracts at the
same time, as follows:
- Contract 1: We arrange a Booking with
you as agent for an owner of a Property (each of which we call an
"Owner"). That means that when you book
a Property through us, you are entering into a contract directly
with the Owner for the use of the Property and any related
services. We call that use of the Property and any related services
the "Rental Services" and we call that
contract you have with the Owner the "Rental
Contract". To be clear, we are not a party to the
Rental Contract - it is between you and the Owner (although we
collect money from you on behalf of the Owner as the Owner's
agent). The terms of the Rental Contract are:
- these Booking Terms;
- the dates (and time periods) for a Booking during which you
will be entitled to use the Property (which we call the
"Holiday Period");
- the other details specific to your Booking including the
Property and any restrictions notified to you during the Booking
process (which we call the "Booking
Details");
- the charges payable by you to the Owner (which we collect on
behalf of the Owner) for hiring the Property and any related
services which are otherwise due to the Owner by you (which we call
the "Rental Charge"); and
- any other special or additional conditions that we draw to your
attention during the Booking process before we accept your Booking
on behalf of the Owner by providing you with a Booking Confirmation
(as defined below).
- Contract 2: You are also entering into
a second contract directly with us for the services we provide via
the Site (or via our staff if you book using another method). We
call this second contract the "Booking
Contract". The services we provide you are of two
kinds:
- services we provide to you to allow you to make a Booking
(which we call the "Booking Services");
and
- other services we may offer to you, including where we (not
you) have engaged a third party to provide these services to you on
our behalf (when the contract for those services is still between
you and us), such as a low deposit scheme (and we call these
"Sykes Other Services").
- Other contracts: Sometimes, during
the course of what we do for you, we may offer other services to
you which are neither Booking Services or Sykes Other Services.
This will be a situation when we offer to you services which will
be provided by a third party directly to you and all we have done
is made you aware of those services, or sometimes assisted in
facilitating the payments between you and the third party in
respect of those services. If you take those services provided by a
third party, the contract for those services will be between you
and the third party providing those services. An example might be
an insurance policy (as we do not provide insurance ourselves). We
call these types of services "Third Party Other
Services" but Rental Services are never within the
definition of Third Party Other Services.
- Charges: For charges:
- we charge you a non-refundable booking fee for the Booking
Services that we provide to you under the Booking Contract (which
we call the "Booking Fee");
- we may make other charges for the Sykes Other Services that we
provide to you under the Booking Contract (which we call the
"Sykes Other Services
Charges"); and
- we may collect on behalf of a third party providing the Third
Party Other Services, charges for those Third Party Other Services
(which we call the "Third Party Other
Services Charges").
- Site Terms of Use: Please note that
additional terms apply to the use of and access to the Site by you.
You can find these in our Terms of Use
[HYPERLINK].
- All the legal terms: Before you use
the Site, or make a Booking, please carefully read these Booking
Terms, our Terms of Use and all other polices we refer to in those
documents (including our Privacy Policy,
Cookie Policy, Low Deposit Policies and any other policy
that we may bring to your attention when you are making a
Booking). We recommend that you print or save a copy of
these for your reference.
- Changes to these Booking Terms:
These Booking Terms were most recently updated on the date that
appears at the top of this page. However, please be aware that we
may update these Booking Terms from time to time. We may make these
changes by posting a copy of them on the Site - please check the
latest version of these Booking Terms before you make a Booking to
ensure you understand the legal terms that apply at that time. Any
changes will take effect 15 days after the date on which we post
the modified terms on the Site. If you continue to use the Site
after that period has expired, it means that you accept any such
changes. The modified Booking Terms will not apply to any Bookings
for which we have sent you a Booking Confirmation before the date
when the modified Booking Terms come into effect.
- Questions? If you have any
questions about these Booking Terms, please contact us using the
contact details at paragraph 21 below.
- Other Definitions: In addition to
the definitions above, to make these Booking Terms easier to read,
we use a few other definitions which apply throughout. These are:
- "Balance" means the balance of the
Total Charges payable by you after payment of the Deposit as set
out in paragraph 4.
- "Booking Confirmation" is defined in
paragraph 2.6.
- "Deposit" means the initial
instalment of the Total Charges quoted to you during the Booking
process and payable by you when making a Booking (and all collected
by us, although some of this is due to the Owner and some may be
due to us, or to us on behalf of a third party). Please note, where
you cancel a Booking after we send you your Booking Confirmation
(as set out in paragraph 2.7) because you have changed your mind,
your Deposit payment will be non-refundable.
- "Guests" means holidaymakers other
than you who are booked to stay at the Property during the Holiday
Period under your Booking and includes, if the Owner has approved,
any additional visitors that are permitted to attend the Property
during the Holiday Period.
- "Total Charges" means the total
charges that you owe to an Owner under a Rental Contract (i.e. the
Rental Charges), that you owe to us under a Booking Contract (i.e.
the Booking Fee and the Sykes Other Services Charges) and that you
owe to a third party under your arrangements with them but that we
have agreed to collect on their behalf (i.e. the Third Party Other
Services Charges).
- How to read these Booking Terms:
- Whenever you see a general phrase followed by words like
"include", "including", "for
example", "such as" or "in particular" (or
anything similar) the general phrase stays as a general phrase -
what follows are just non-exclusive examples of the general
phrase.
- The bold headings at the start of each paragraph are just there
as a "signpost heading" for what the paragraph is about.
However, it is what is in the full paragraph itself that counts in
terms of these Booking Terms. The signpost paragraph headings
should be ignored for the purposes of working out legally what the
Bookings Terms say or mean.
- making your booking
- To be eligible to make a Booking: To be
eligible to make a Booking (i.e. to enter into a Booking Contract
with us and Rental Contract with the relevant Owner):
- you must be 18 years of age or over and have the legal capacity
to enter into legally binding agreements;
- you must register with us on our Site (in advance or when
Booking) or by telephone by providing your full name, telephone
number, email address and any other information that we may request
in order to process your registration; and
- you must possess a valid payment method such as a valid debit
or credit card, PayPal account or any other digital option as
accepted by our Site.
- What you confirm: By submitting a Booking to
us, you confirm that:
- everything in paragraph 2.1 is true and accurate; and
- you and the Guests agree to these Booking Terms.
- How to make a Booking: You may make a Booking
directly using our Site or by contacting us by telephone or by
email using the details contained at paragraph 21. If you provide
your Booking details to us by email, we will send to you a link to
the Site so that you can make a Booking and pay us online or we
shall arrange to call you and follow the telephone Booking
procedure outlined at paragraph 2.5.2.
- What making a Booking means: By making a
Booking through us you are making an offer to:
- enter into a Rental Contract with the applicable Owner in
relation to the Property you have selected;
- enter into the Booking Contract with us; and
- pay us all amounts due in respect of the Deposit and Total
Charges.
Please note that no Rental Contract creates any type of landlord
and tenant relationship. A Rental Contract only creates a temporary
licence to occupy.
- The Booking Process: The following steps must
take place before a Booking can be confirmed:
- For Site Bookings:
- You submit your Booking Details to us on the Site and provide
your payment details which will be used by us to process the
payment of your Deposit or Total Charges. Before submitting your
Booking on the Site, the Booking process will give you the
opportunity to review your Booking, including these Booking Terms
and the Booking Details and, if you require, allow you to make any
amendments to your Booking; and
- you will receive an on-screen acknowledgement of your Booking
and a receipt for your payment by email at the email address you
have provided us.
- For telephone Bookings:
- We will read to you your Booking Details and various other
details for you to confirm they are accurate and you are happy with
these details. You may make any required amendments at this point.
After this, we will then request your payment details and we will
process payment of your Deposit or Total Charges in respect of your
Booking; and
- we will verbally confirm your booking reference and will send
you a receipt for your payment by email at the email address you
have provided to us.
- Confirming your Booking: Provided we have
successfully processed your Deposit (and any other payment, if
required) and the Property is available for the Holiday Period, we
will send you an email (or a letter if you have not provided us
with an email address) confirming your Booking together with a link
to these Booking Terms and other details relating to your Booking.
We call this the "Booking Confirmation".
Please note that you must check your emails and post
regularly. If we do not hear from you within 24
hours of sending, we will take it to mean you are happy with these
details. Also, please let us know promptly about any change to your
postal or email address so that you inform us how to communicate
with you.
- When your Booking is confirmed and when contracts are
formed: When we provide you with the Booking Confirmation
(which will be at the point we send you the email or post you a
letter confirming your Booking), we are accepting your offer as
outlined in paragraph 4 (including accepting your offer acting on
the applicable Owner's behalf as its agent). It is at
this point, when we send you the confirmation email or letter,
which is your Booking Confirmation, that you enter into
the legally binding Rental Contract with the Owner and the legally
binding Booking Contract with us.
- Your responsibility to check the Booking
Confirmation: Please check all the details in your Booking
Confirmation promptly after receiving the Booking Confirmation and
notify us as soon as possible, and in all cases within 24 hours of
receipt of your Booking Confirmation, if you think there are any
mistakes or errors with your Booking. If you notice that it is you
who have made a mistake, we may be able to amend your Booking but
you could incur additional costs (see paragraph 10). If we have
made a mistake with your Booking or it contains any errors, which
are our fault, you will need to contact us with 24 hours of receipt
of your Booking Confirmation to confirm your correct Booking
Details to us so we can then reissue your Booking Confirmation. You
will not incur any additional costs for this.
- When we may cancel after a Booking Confirmation and
costs involved: Even after we have sent you the Booking
Confirmation, we on behalf of the Owner, have the right to cancel a
Booking where we reasonably believe that:
- the Booking is not legitimate;
- you have broken or are likely to break any of the Booking Terms
relating to a previous or current Booking;
- any information you have supplied is incorrect or insufficient;
or
- you have behaved in an inappropriate, abusive or unlawful
manner to us, our staff or any Owner.
If we cancel your booking in any of these circumstances we will
tell you in writing and neither we nor the applicable Owner will
have any further responsibility to you and you may have to pay us
and the Owner and third parties (as applicable) all costs and
expenses reasonably incurred in providing you with the Booking
Services, Sykes Other Services, Rental Services and Third Party
Other Services respectively up to the date we cancel the
Booking.
- Unavailability of the Holiday Period. We may
also, acting on behalf of the Owner, have the right to cancel a
Booking even after we have sent you the Booking Confirmation, where
the Owner notifies us that the Property is unavailable for your
intended Holiday Period (and this is not due to an Unexpected Event
(when clause 13.1 applies) or for one of the reasons referred to in
clause 12 (when clause 12 applies)). If this occurs, the Owner
shall refund you: (i) the Rental Charges that you have already paid
for the Booking; (ii) the amount equivalent to the Booking Fee;
(iii) the Sykes Other Services Charges and the Third Party Other
Services Charges that you have already paid for the Booking; and
(iv) any other compensation that may be due to you (other than any
low deposit charge you have made directly to us). In these
circumstances, and sometimes in other circumstances too, the Owner
may be liable to pay us certain cancellation changes for failure to
make the Property available for your Holiday Period, but this does
not concern you, and you have no responsibility for such charges
which are a matter between the Owner and us.
- Restrictions on Holiday Periods: There may be
some restrictions on Bookings:
- Maximum Holiday Periods: The maximum holiday
period for any Booking is generally 28 consecutive days, and is
always subject to availability of the particular Property. However,
certain Properties may have a shorter maximum Holiday Period, which
will be clearly stated on the relevant Property description page on
our Site. You will not be permitted to make a Booking for a Holiday
Period which is longer than this maximum period.
- Minimum Holiday Periods: Certain Properties
will only be available for Bookings of a minimum holiday period.
Again this will be clearly stated on the relevant Property
description page on our Site. You will not be permitted to make a
Booking with a Holiday Period that is shorter than this minimum
period.
- Our role AND SCOPE OF OUR LIABILITY
(SEE ALSO PARAGRAPH 16
[HYPERLINK] "WHAT WE ARE AND ARE NOT LIABLE
FOR")
- Our promises to you: We will perform the
Booking Services and the Sykes Other Services using reasonable care
and skill.
- Who we are in this process: To be clear:
- we act as agent for an Owner by arranging Bookings on behalf of
the Owner and collecting Rental Charges from holidaymakers (in this
case, you) on behalf of the Owner for the Properties that appear on
the Site. We do not own any of the Properties, but an Owner has
authorised us to refuse any Bookings on the Owner's behalf in
accordance with these Booking Terms. It is the Owner who supplies
you with the Rental Services;
- we act on behalf of ourselves in supplying you with the Booking
Services and we act on behalf of ourselves when supplying you with
the Sykes Other Services;
- we act on behalf of certain third parties when introducing to
you the Third Party Other Services, but we are not responsible to
you for the services which make up the Third Party Other Services
(which is the responsibility of the third party supplying those
services); and
- we collect:
- the Booking Fee on behalf of ourselves;
- the Sykes Other Services Charges on behalf of ourselves;
and
- the Third Party Other Services Charges on behalf of other third
parties.
- Exclusion of liability: Our obligations to you
are limited to those in connection with the Booking Services and
the Sykes Other Services. Accordingly, we accept no liability for
any defects or unavailability of Rental Services, the Property or
any other problems with your holiday. Your rights under these
Booking Terms and the Rental Contract for issues with Rental
Services, a Property or your holiday are only against the Owner
(unless we have done something wrong in relation to the Booking
Services or Sykes Other Services which caused that problem). Also,
we accept no responsibility for the acts or omissions of third
parties who provide Third Party Other Services to you when your
contract is with the relevant third party and not ourselves.
- Descriptions on the Site: We make every effort
to ensure that the descriptions relating to the Properties and
Rental Services on our Site are accurate and complete. These
descriptions include details of the Property and Rental Services
including photos, the availability period of the Property for
rental, the Rental Charges, the facilities available at the
Property, maximum occupancy numbers, any accreditations and awards
or descriptions of quality relating to the Property including star
or tick ratings. If we discover a serious mistake or error relating
to this information we will use reasonable efforts to correct this
promptly on the Site and will contact you if that information
relates to a Booking that you have already made.
- Limits of descriptions on the Site:
Descriptions of the Property and Rental Services and any ratings on
the Site are not advice or recommendations given by us. We do not
independently verify accreditations, awards or star or other
quality ratings provided to us by Owners or third parties. Such
ratings are only there to give you a general idea of what level of
quality you can expect from a particular Property. We are not
responsible for inaccuracies or errors in these descriptions that
are provided by Owners, or the accommodation information (as
outlined in paragraph 4) as this information is also supplied to us
by Owners. If you are unhappy with any information relating to a
Property or Rental Services or believe that they contain any
inaccuracies or errors, please follow the complaints procedure set
out in paragraph 19.
- When services become unavailable or
restricted: Unfortunately, sometimes some services or
equipment (including Rental Services provided by the Owner or other
third parties) or facilities (including amenities or attractions
near by) in relation to a Property, which are detailed on our Site,
may become unavailable or be restricted. As this is outside of our
control, we do not accept any responsibility for any changes,
unavailability or restrictions of these things. If such services,
equipment or facilities are not provided in circumstances when you
have paid additional amounts for them to us or directly to the
Owner, please follow the complaints procedure set out in paragraph
19.
- Services for personal use only: Our Booking
Services are available for your personal, private and
non-commercial use only. You may not offer for resale any Booking
Services, Sykes Other Services, Third Party Other Services or
Rental Services without our, or where applicable the relevant Third
Parties too, express written permission. To be clear, you and your
Guests are permitted to use the Property as private accommodation
for work or business trips.
- Wi-Fi and Phone Reception: The Owner cannot
(and does not) guarantee the speed of any broadband at the Property
(or what you will be able to download or stream whilst there). If
the description of the Property does not state that Wi-Fi is
included it is not. Please be aware that internet and phone
reception in rural areas can sometimes be poor. The Owner shall not
be responsible for such matters except, if the description of the
Property states that Wi-Fi is included, the Owner will responsible
for ensuring that Wi-Fi has been set up at the Property.
- If the Property is in an agricultural area there will
occasionally be sounds and smells associated with countryside
living that cannot be avoided. In respect of any Property there may
be traffic noise. Neither us or the Owner shall be held liable for
building work noise or disruption coming from neighbouring
properties.
- charges and payment
- What we tell you about the charges and when:
Before submitting your Booking to us, you will be presented with or
told the Total Charges payable for your Booking, together with a
partial breakdown of the Total Charges such as:
- the Booking Fee. This becomes non-refundable once your Booking
is confirmed by us with a Booking Confirmation (other than as set
out in paragraphs 2.10 and 11); and
- any additional charges quoted during the Booking process when
you make your Booking, for example, heating supplements, pet
charges and other services you have purchased which may be part of
the Rental Services and therefore part of the Rental Charge owed to
an Owner; or which may be part of the Sykes Other Services or Third
Party Other Services (and therefore part of the Sykes Other
Services Charges owed to us or Third Party Other Services Charges
owed to us for a third party, which we may collect on behalf of a
third party).
- What we tell you about the Deposit and the
Balance: If you are paying a Deposit rather than the
entire Total Charges when making your Booking, you will also be
presented with the date by which you will need to make payment to
us for the Balance. The date you are required to pay the Balance
will normally be 6 weeks before the start of your Holiday Period.
Please note that we may (but are not obliged to) contact you via
the contact details you provide us with to remind you of the due
date for payment of the Balance. You should also take note of when
the Balance is due for your own reference. However, if the date the
Balance would normally fall due for your Booking has already
passed, we will ask you at the time of the Booking to pay the
Balance too.
- Forms of payment: We currently accept various
forms of payment including via credit and debit card, PayPal or
some other digital options. Please refer to our Site for details of
the payment cards and other methods of payment that we currently
accept.
- Price fluctuations: Charges may change from
time to time due to changes in demand, such as school holidays, but
changes will not affect any Booking you have made which we have
confirmed with a Booking Confirmation (subject to what we say in
paragraphs 4.7 and 4.8).
- Taking payments at the time of Booking: We
take the payments due at the time of Booking from your chosen
payment method once you have entered or otherwise provided your
payment details and confirmed you wish to pay for the Booking,
subject to payment authorisation.
- Taking payments after you receive your Booking
Confirmation: If the Balance or any other additional
payments are due after you receive your Booking Confirmation, then:
- if you authorised us to take payment for these amounts from
your chosen payment method when you made your Booking, we will
automatically take payment using your original payment method. If
there has been a change to the Total Charges (for example, due to
changes in VAT or exchange rates), we will contact you before
taking the changed payment (see paragraphs 4.10 and 5.1 below);
or
- if you did not authorise us to take payment from your chosen
payment method for these amounts when you made your Booking, or
your chosen payment method that you authorised us to take payment
from has expired or cannot be used by us and we contact you to
inform you of this, you will need to make these payments either by
using the payment feature within your account on the Site or by
contacting us by telephone using the number set out in paragraph
21.
- Pricing errors found before a Booking
Confirmation: We use our best efforts to ensure that these
stated charges are correct at the time when you submit relevant
information onto our systems. However, it is always possible that,
despite our best efforts, some of the charges on the Site may be
incorrectly priced. We will normally check these prices as part of
our confirmation procedures so that:
- where the actual Total Charges are less than those quoted to
you at the time you made your Booking, we will charge the lower
amount when providing you with the Booking Confirmation; and
- where the actual Total Charges are higher than those quoted to
you at the time you made your Booking, we will contact you as soon
as possible to inform you of this error and we will give you the
option of continuing to book the Property at the correct (higher)
charges or cancelling your Booking. We will not process your
Booking or issue the Booking Confirmation until we have your
instructions. If we are unable to contact you within a reasonable
time using the contact details you provided during the Booking
process, we will treat the Booking as cancelled, refund the amounts
you have paid us, and notify you in writing.
- Pricing errors found after a Booking
Confirmation: If we accept and process your Booking where
a pricing error is obvious and unmistakeable and could reasonably
have been recognised by you as a mispricing, we may cancel your
Booking, and refund you any sums you have paid to us.
- If you think the amounts due are wrong: If you
think any amounts of which we notify you as due are wrong, please
contact us promptly to let us know. You will not have to pay any
interest until the dispute is resolved. Once the dispute is
resolved we will charge you interest on correctly notified sums
from the original date that such payments were due (see paragraph
5.3 below).
- VAT: Total Charges include VAT, where
applicable, which you shall be responsible for paying. If the rate
of VAT changes between the date of your Booking Confirmation and
the date your Balance is due, we will adjust the rate of VAT that
you pay on your Balance (if applicable, if any), unless you have
already paid the Total Charges in full before the change in the
rate of VAT takes effect. If you do not wish to pay any increase in
your unpaid Balance caused by the rate of VAT changing in this
manner, you may end your Rental Contract giving notice within 14
days of the date we notify you of the increase and you will be
refunded as outlined in paragraph 1.
- Total Charges are per Property: Total Charges
quoted are per Property (and not per person). It is your
responsibility to check the total price before completing the
Booking process.
- Good housekeeping bond: Please note some
Owners may charge a 'good housekeeping bond', which will be
included alongside the charges quoted to you during the Booking
process. If applicable to your Booking, the 'good housekeeping
bond' may be paid by you via the two different methods
explained in paragraphs 4.12.1 and 4.12.2 below:
- Payment to the Owner: we will tell you during
the Booking process that the Owner will communicate directly with
you to collect and (if appropriate) return this bond. We have no
control over the payment or return of such bonds by the Owner. The
Owner must, within 7 days of the end of the relevant Holiday Period
return all or part of the bond to you and, if retaining any part of
the bond, notify you in writing of the reasons for doing so;
or
- Payment deducted by us: we will tell you
during the Booking process that we will hold the payment details
you used to make your Booking in order to collect the 'good
housekeeping bond' via this payment method (if appropriate) and
you authorise us to take this payment. If the payment details you
have used to make your Booking have expired or cannot be used by us
to collect the 'good housekeeping bond', then we shall
contact you to arrange immediate payment of the bond from you. If
you cancel the payment method provided to us for this purpose you
must immediately provide us with an alternative payment method and
authority for us to use it. The Owner must, within 7 days of the
end of the relevant Holiday Period, notify us if they wish to claim
all or part of the bond from you. If the Owner fails to notify us
within this period then we will not collect any payment from you.
If we do collect all any part of the bond, we will notify you in
writing of the reasons for doing so. We have no control over
whether the Owner instructs us to collect any part of the bond on
their behalf, if you do not agree with the bond payment made to the
Owner or deducted by us on behalf of the Owner, please follow the
complaints procedure set out in paragraph 19.
- currencies AND interest PAYMENTS
- Base currency: Unless otherwise stated, all
charges are quoted in British Pounds Sterling.
- Different currencies: During the Booking
process you may be presented with an option to pay for your Booking
in one or more currencies. The payment currencies we accept for a
particular Booking will be notified to you during the Booking
process. The exchange rate for all payments will be based on
exchange rates set by our internal systems, which may increase or
decrease based on changes in the market. If on the date your
Balance is due, changes to these exchange rates results in an
increase of 5% or more to the Total Charges we quoted at the time
you made your Booking, then we may increase the Balance to include
this additional amount. If you do not wish to pay this amount, you
may end your Rental Contract giving notice within 14 days of the
date we notify you of the increase and we will refund you as
outlined in paragraph 1.
- Interest for non-payment or late payment: If
you do not make any payment to us by the date that payment is due
we and/or an Owner may charge interest to you on the overdue amount
at the rate of 4% a year above the base lending rate of the Bank of
England from time to time (but at 4% a year for any period when
that base rate is below 0%). This interest shall accrue on a daily
basis from the due date until the date of actual payment of the
overdue amount, whether before or after judgment. You must pay us
interest together with any overdue amount.
- Gift vouchers
- Ordering gift vouchers: You may order gift
vouchers by contacting us by email or telephone and we will send
the vouchers using one of the methods that we have said is
available to you that you choose and address that you specify in
the form within 30 days of the date we receive your form. If you
have not received your gift voucher or code within the applicable
period, please contact us using the details set out in paragraph
21.
- Denominations: Gift vouchers are available in
denominations of £25 and can be used to pay for Bookings in
part or in full. Where the cost of a Booking is less than the value
of the gift voucher, the remaining balance of the gift voucher
remains valid and can be used for future Bookings (though it must
be used before the voucher's validity period expires). No cash
refunds will be given.
- Redeeming gift vouchers: A gift voucher can be
redeemed when making a telephone Booking by providing us with the
unique code that appears on the gift voucher.
- Validity period of gift vouchers: Gift
vouchers are valid for a period of 2 years from the date of
purchase and can be used for any Booking with a Holiday Period that
starts before the voucher's validity period expires. Any
remaining balance on a gift voucher may no longer be used after
expiry of its validity period.
- Bookings subsequently cancelled purchased with a gift
voucher: If a Booking is purchased with a gift voucher and
that Booking is subsequently cancelled, any refunded amount will be
credited to the gift voucher, but the original expiry date of the
gift voucher remains the same.
- Limits on use of gift vouchers: Gift vouchers
cannot be exchanged for cash, replaced if lost or damaged and are
non-refundable. We do not permit you or any third party to sell or
trade our gift vouchers unless we have given you our written
permission to do so.
- Your responsibilities
- Information you provide: You must make sure
that all the information you provide in connection with your
Booking, including all Booking Details, are true, accurate, current
and complete.
- Your responsibility for transactions made under your
name or account: You accept full financial and other
responsibility for all transactions made under your name or account
that you hold with us. We will notify you of any payments that are
due and you shall be responsible for paying them within the
timescales that we specify.
- Your promises to us and to Owners: You promise
to us and to each Owner (as applicable) that before, during and
after the Holiday Period:
- the number of people and pets occupying the Property will not
exceed the number stated in the Booking Confirmation;
- you cannot arrange for additional visitors to come to the
Property or hold events (such as parties, celebrations or meetings)
at the Property without obtaining the written consent of the Owner
in advance;
- the Property will be used solely for the purpose of a holiday
or private accommodation by you and your Guests and will not be
used for any commercial or business purpose. To be clear, you and
your Guests are permitted to use the Property as private
accommodation for work or business trips;
- you will (and you will ensure that your Guests will) show all
due consideration and respect for the Owner, their representatives,
neighbours and other persons or parties that have a connection with
the Property. This includes refraining from abusing your right to
use the Property or Rental Services or participating in any
illegal, dangerous, offensive, inappropriate, violent or
anti-social behaviour towards such people;
- you will (and you will ensure that your Guests will) use the
Property and Rental Services lawfully, will not abuse or damage any
facilities provided as part of the Rental Services and will comply
with any health and safety or other policies or instructions
notified to you by us or the Owner in connection with the Property
or Rental Services;
- you will allow the Owner or any representative of the Owner
(including any tradespeople) to access the Property at any
reasonable time during the Holiday Period provided the Owner (or us
acting on the Owner's behalf) provides you with reasonable
advance notice (except where the Owner requires access to the
Property due to an emergency, for example, if repairs need to be
carried out or the Owner becomes aware that you have breached, or
has reasonable suspicion to believe that you will breach these
Booking Terms);
- you will 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 start of the Holiday Period
and you will ensure that at the end of your Holiday Period the
Property is left in the same state of order and cleanliness in
which it was found. The Owner (or us acting on
their behalf) may charge you for any additional, reasonable charges
for professional cleaning after the end of your Holiday Period
where you have failed to comply with this paragraph. These charges
are necessary in order to return the Property to its original state
of cleanliness and tidiness for future bookings by other
customers;
- you will report as soon as possible to the Owner (or to the
Owner's representative) any breakages or damage caused by you
or your Guests during the Holiday Period. Without affecting any
other remedies that the Owner has under the Rental Contract, you
promise to fully reimburse the Owner for the cost of replacement or
repair for such breakages or damage. We may facilitate the
collection of such payments from you on the Owner's
behalf;
- you will arrive at the Property no earlier than the time
confirmed in your Booking Confirmation on the first day of your
Holiday Period and you will vacate the Property by no later than
the time confirmed in your Booking Confirmation on the last day of
your Holiday Period) or any other times as otherwise agreed with
the Owner in writing;
- you will not allow any person other than you and your Guests to
use the facilities and amenities of the Property without the
express permission of the Owner;
- you will provide us or the Owners with any information that is
reasonably requested from you or your Guests;
- you will keep the location of all keys/access cards for the
Property, which the Owner shall provide you (or otherwise provide
you details of in the Booking Confirmation), confidential and
return all of them and other access mechanisms at the end of your
Holiday Period to the location requested by the Owner in the
Booking Confirmation or as the Owner may otherwise request from
you; and
- you will notify all Guests before the Holiday Period starts of
your and their obligations under this paragraph 3.
- Your responsibility for Guests: You will be
responsible for all Guests staying at the Property and the things
they do (and do not do) even if you do not stay there yourself
during the Holiday Period.
- Your responsibility for travel and health
documentation: You will be responsible for ensuring that
you, your Guests and any pets have the relevant travel and health
documents and requirements needed for visiting the country in which
a Property is located. These include any passport or other
identification documents, visa requirements and, in the case of
pets, any vaccines or microchips. We will not be liable for any
expenses incurred resulting from your missing, incomplete or
incorrect documentation or any non-compliance with such
requirements.
- Your responsibility to comply with the law:
You will be responsible to ensure that you and your Guests comply
with applicable laws (such as restrictions on travel or staying at
properties due to health or lockdown or due to inclement
weather).
- Failure to comply with anything in this
paragraph 7: If you or
any Guest fails to comply, or is likely to fail to comply, with any
of the requirements set out in this paragraph 7, the Owner (or the
Owner's representative) may refuse to allow you and your Guests
to enter and stay at the Property or can require you and your
Guests to leave the Property before the end of the Holiday Period.
In either case, you will be treated as having broken the terms of
Rental Contract and your Booking will be cancelled. In these
circumstances, you will not receive a refund of any of the Total
Charges and neither we or the Owner shall be responsible for any
other costs and expenses you have to pay due to you not being able
to stay in the Property, such as the cost of finding any
alternative accommodation or making alternative travel
arrangements. This may also affect our decision as to whether or
not to accept any future Booking from you.
- Failure to comply with anything in these Booking
Terms: We shall also not be responsible for having to find
alternative accommodation for you if you have breached any of your
obligations under these Booking Terms.
- AN Owner'S responsibilities
- An Owner's promises to you: An Owner will:
- perform the Rental Services using reasonable care and
skill;
- provide an accurate, complete and up to date description of the
Property, and as soon as reasonably possible; notifying you in
writing of any changes to the description of the Property and/or
Rental Services relating to your Booking which would make our
descriptions of the Property inaccurate, incomplete or
misleading;
- subject to the exceptions in paragraphs 3.4, 3.5 and 3.6,
ensure that the Property is vacant, not make any use of the
Property (including conducting any viewings of the Property) and
ensure that you and your Guests have exclusive access to the
Property and Rental Services for the full period of the Holiday
Period unless the Owner is entitled to refuse you and your Guests
access to or requires you to leave the Property in accordance with
paragraph 7.7;
- ensure that the Property is properly maintained, clean, tidy
and in good repair at the start of the Holiday Period;
- ensure that the Owner, the Property and the Rental Services
will comply with all applicable laws and regulations, in
particular, relating to fire, health, safety, utilities and
planning and data protection;
- ensure that the Owner has the right to provide the Rental
Services, let the Property and otherwise enter into the Rental
Contract with you;
- maintain, at the Owner's expense and with a reputable
insurance company, insurance policies to meet the Owner's
liabilities under the Rental Contract with you;
- co-operate with you on all matters relating to the Rental
Contract, including providing the Rental Services and processing
any refunds that may be due to you (which we may facilitate);
- provide Property access details to you (including all cards and
access codes) so you can make use of the Property for the Holiday
Period and ensure that suitable arrangements are in place for you
to collect and return the keys/access cards for the Property;
- show all due consideration and respect to you and your Guests
including refraining from any dangerous, offensive, inappropriate,
violent or anti-social behaviour towards you and your Guests;
- comply with the terms of the Rental Contract;
- respond to queries, complaints and problems which arise during
or after the Holiday Period and use best efforts to resolve them
(and we shall also try and facilitate a resolution if the Owner
requests us to, or the Owner has previously authorised us to do so,
on their behalf); and
- if VAT forms part of the Total Charges, provide you with a VAT
invoice if you request one in writing.
- Pets
- Allowance for pets and extra charges: Pets are
only allowed at a Property where this is expressly stated in the
applicable Property description on the Site. There may be an
additional charge for bringing pets, which we will notify you of at
the time of Booking.
- Pets in a Property when they are not allowed:
If a pet is taken to a Property that does not allow pets, or the
stated number/size of pets is exceeded, the Owner (or the
Owner's representative) has the right to:
- refuse to allow you and your Guests to enter or stay in the
Property; and/or
- ask you and your Guests to leave the Property before the end of
the Holiday Period;
and you must comply.
- Pets in a Property when they are not allowed - and
ending the Rental Contract: If the Owner exercises their
rights under paragraph 9.2, the Owner may end the Rental Contract
in accordance with paragraph 12.
- Damage by pets, traces of pets - and extra
charges: You will be responsible for all damage caused by
your and/or your Guests' pets. For any pets allowed in the
Property, you should remove all traces (inside and outside) from
the Property of pet occupation before you and your Guests vacate
the Property at the end of the Holiday Period. The Owner
may make an additional, reasonable charge for professional cleaning
after your Holiday Period due to any pets that have stayed at the
Property.
- Pet rules: You must not allow pets on beds or
on furniture within the Property. Pets must not be left alone in
the Property (which include the garden and any outside areas) at
any time.
- Breaking the pet rules and ending the Rental
Contract: If you break the terms of paragraphs 9.4 or 9.5,
the Owner (or their representative or us on their behalf) may
notify you that you have broken those terms and if you continue to
do so may end the Rental Contract and require you and your Guests
to leave the Property before the end of the Holiday Period.
- Registered assistance dogs: Registered
assistance dogs are allowed in all Properties featured on our Site,
even where the property description states that pets are not
allowed, provided that you comply with the provisions in paragraph
9.4. You must notify us of the intended presence of any assistance
dogs before Booking so that we may make the Owner aware of
this.
- Allergy to animals: If you or your Guests have
an allergy to animals, please be aware that we and Owners cannot
guarantee that an assistance dog, or other animals, have not stayed
in a particular Property recently. We, and the Owners, cannot
accept responsibility for any health condition which may occur as a
result of any animals having been present in a Property. It is your
responsibility to make specific enquiries before making a Booking
through us if you or your Guests have an allergy.
- amendING, cancelLING or transferING a Booking AFTER A BOOKING
CONFIRMATION
- Amending a Booking after the Booking
Confirmation: If you would like to amend your Booking
after the Booking Confirmation, please contact us directly using
the contact details in paragraph 21. We will contact the Owner to
see if the Owner agrees but we cannot guarantee that the Owner will
agree to meet your request. The Owner may or may not agree.
- If the Owner does not agree, please remember that it is up to
the Owner and we act only as the Owner's agent. Your contract
is with the Owner.
- If an Owner does agree to amend the Booking, there may
additional charges and an administration charge. The additional
charges may be due to the Owner under the Rental Contract (which
could occur, for example, if your Booking has been amended for a
more expensive or longer Holiday Period) or due to us under the
Booking Contract (for example, to cover our costs of making the
amendment). However, we will always notify you of these charges in
advance and you will be responsible to pay them. If there are
charges due to the Owner we will collect them, as usual on behalf
of the Owner.
- Cancelling a Booking after you receive your Booking
Confirmation because you have changed your mind: If you
change your mind after you receive your Booking Confirmation:
- you are not entitled to cancel the Booking Contract for a
particular Booking and obtain a refund for the Booking Fee as we
will already have supplied the Booking Services to you for that
particular Booking;
- if you wish to cancel the Rental Contract with the Owner more
than 6 weeks before the start of the Holiday Period, you will be
entitled to a refund of the Rental Charges you have paid minus: (i)
the Deposit (excluding any Third Party Other Services Charges which
you may or may not be entitled to a refund of pursuant to your
arrangements with the relevant third party); and (ii) all
reasonably incurred charges for any other services that the Owner provided to you up to the date you cancelled
the Rental Contract; and
- you do not have a right to cancel the Rental Contract with the
Owner 6 weeks or less before the start of the Holiday Period. You
may, however have the right to end the Rental Contract in
accordance with paragraph 11, under which you may be entitled to a
refund for any Rental Charges you have paid. You may also be
entitled to a refund of the Booking Fee, Sykes Other Services
Charges and/or Third Party Other Services Charges payable under the
Booking Contract in certain situations in accordance with paragraph
11.
- Transferring a Booking after a Booking
Confirmation: You may not transfer your Rental Contract or
a Booking Contract to another person. If you do not stay at the
Property during the Holiday Period but your Guests do, you will
still be legally responsible for all your obligations under the
Rental Contract and these Booking Terms and your Guests'
compliance with them. Please see paragraph 4 for more details.
- Your rightS to end a Rental Contract
- Your rights to end a Rental Contract other than where
you change your mind (as outlined in paragraph 10.2): You
may immediately end a Rental Contract:
- if the Owner has committed a serious breach of its obligations
to you as set out in these Booking Terms;
- if we or an Owner have told you about a material error in the
charges or Booking Details or a significant error in the
description of the Rental Services relating to your Booking and you
notify us that you do not wish to proceed; or
- if we notify you about a change to the Total Charges due to
changes:
- in the rate of VAT and you notify us that you do not wish to
proceed in accordance with paragraph 4.10; or
- in the applicable exchange rate and you notify us that you do
not wish to proceed in accordance with paragraph 5.2.
- What refunds you are entitled to if you end a Rental
Contract in these circumstances: If you end a Rental
Contract for any of the reasons in paragraph 1.1 then within 14
days of the date you notify us that you wish to end the Rental
Contract for these reasons the Owner will refund to you (which we
shall try and facilitate acting as the Owner's agent) the
Rental Charges that you have already paid for the Booking and the
amount equivalent to the Booking Fee, the Sykes Other Services
Charges (excluding any low deposit charge you have made directly to
us) and Third Party Other Services Charges that you have already
paid for the Booking.
- If you end a Rental Contract for any of the reasons in
paragraph 1.2 then within 14 days of the date you notify us that
you wish to end the Rental Contract for these reasons:
- depending on who is at fault for the error, either we or the
Owner will refund you (and we shall try and facilitate this acting
as the Owner's agent) any of the Rental Charges, Sykes Other
Services Charges and Third Party Other Services Charges you have
paid and any other amounts paid by you for the Booking under
paragraphs 3 and 1.4 less: (i) the amount under paragraph 11.3.2;
and
- although it has nothing to do with your Rental Contract,
depending on who is at fault for any error, either we will refund
the Booking Fee in these circumstances or the Owner will refund you
an amount equivalent to the Booking Fee in these
circumstances.
- If you end a Rental Contract for any of the reasons in
paragraph 1.3 then within 14 days of the date you notify us that
you wish to end the Rental Contract for these reasons the Owner
will refund to you (which we shall try and facilitate acting as the
Owner's agent) any of the Rental Charges you have paid less any
costs the Owners have reasonably incurred in providing you with the
Rental Services up to the date of termination.
- Your consumer rights: You have certain legal
rights as a consumer under the law and nothing in these Booking
Terms, a Rental Contract, a Booking Contract or your Booking
affects these legal rights. Advice about your legal rights in
relation to the services we and Owners provide is available from
your local Citizens' Advice Bureau or Trading Standards office.
For detailed information please visit the Citizens Advice website
www.adviceguide.org.uk or call 03454 04 05 06.
- OUR AND OWNERS' RIGHTS TO Cancel your Booking or end A
rental contract
- Our and Owners' rights to end a Booking or Rental
Contract (no refund): Without affecting any other right or
remedy available to us or an Owner, an Owner (or we, on an
Owner's behalf) may cancel your Booking or bring to an end a
Rental Contract if:
- you do not make any payment when it is due and you still do not
make payment within 7 days of the date your payment is due (though
we will send you a reminder that your payment is due);
- you do not, within a reasonable time of us asking for it,
provide us with information, including any Booking Details, that is
necessary for us to provide Booking Services or Sykes Other
Services or for a relevant third party to provide the Third Party
Other Services or for the Owner to provide the Rental
Services;
- you fail to perform or comply with any of your obligations
(when we consider your failure to be serious or important)
contained in the Rental Contract, the Booking Contract or these
Booking Terms, including if:
- you or your Guests do not comply with the obligations set out
in paragraph 7;
- you do not comply with the applicable rules on pets in
accordance with paragraph 9; or
- you fail to pay any good housekeeping bond on the date that
payment of the bond is due in accordance with paragraph 4.12;
or
- you are declared bankrupt, make any arrangement with or for the
benefit of your creditors, are unable to pay your debts or have a
county court administration order made against you.
- Consequences if a Booking or Rental Contract ends in
the circumstances of paragraph
1: If a Booking or Rental
Contract ends for any of the reasons in paragraph 12.1, then you
will not be entitled to any refund of any Total Charges or other
charges that you have paid in connection with your Booking. Also,
neither we nor the Owner shall be responsible for any other costs
or expenses you have to pay due to this (such as the cost of
finding any alternative accommodation or making alternative travel
arrangements).
- Our and an Owner's rights to end a Booking/ Rental
Contract (as applicable) (refund): Without affecting any
other right or remedy available to us or an Owner, we or we on an
Owner's behalf (as applicable) may cancel your Booking or bring
to an end a Rental Contract if:
- we have ended our agency agreement with the relevant Owner
before your Booking for the relevant Property was made;
- we become aware of any health and safety or quality-related
issue with the applicable Rental Services or Property or its
immediate surroundings (for example contamination to the
Property's water supply).
The Owner may still be liable to us for cancellation charges in
these circumstances if the Owner is at fault (as this shall not be
deemed an Owner's right to cancel in accordance the Rental
Contract without the need to pay us any cancellation charges), but
this does not concern you, and you have no responsibility for such
charges.
- Consequences if a Booking or Rental Contract ends in
the circumstances of paragraph
3: If a Booking or Rental
Contract ends for any of the reasons in paragraph 12.3, we:
- may (but are not obliged to) arrange alternative accommodation
for you and your Guests of an equivalent type and standard in a
similar location. We will not be responsible for any costs
associated with arranging alternative accommodation and arranging
this may be subject to the payment of additional charges by you if
the Total Charges for the alternative are higher than those
actually available to you under the cancelled Booking (which might
not be all of the Total Charges under the cancelled booking - see
12.4.2 below). We will always get your approval in advance of
arranging any alternative accommodation and notify you of the
additional costs; and
- will try and facilitate the payment of a refund from the
relevant Owner of the Rental Charges, or if the Owner is in breach
as regards the cancellation, the Rental Charges and any other
amounts paid by you under paragraphs 1.3 and 1.4 in relation to the
cancelled Booking, that in both instances the Owner may be liable
for. Please note, in these circumstances you will not be able to
recover the Booking Fee as this amount is non-refundable (we would
have already completed the Booking Services for your original
Booking) or the charges for Sykes Other Services that we have
performed or for any Third Party Other Services that a third party
has performed from us.
- EVENTS OUTSIDE OUR OR THE OWNER'S REASONABLE CONTROL
- Force majeure leading to cancellation: We,
acting on the Owner's behalf, and the Owner have a right, to
end the Rental Contract and cancel your Booking if an event occurs
beyond your, our or the Owner's reasonable control (which is
what we call an "Unexpected Event").
Examples of Unexpected Events include any law, guidance or action
taken by a national or local government or public authority or any
consequences of them; a fire or accident; epidemic or pandemic; act
of God, flood, adverse weather conditions or other natural
disaster, or any other event of any nature which prevents or is
likely to prevent:
- you and your Guests from staying at the Property for some or
all of the Holiday Period; or
- from the Owner complying with its obligations under its Rental
Contract with you.
- Alternatives after such a cancellation: If an
Unexpected Event happens that results in your Booking or Rental
Contract being cancelled by us on the Owner's behalf or by an
Owner, you may select one of the following alternative options:
- as part of our Booking Services under our Booking Contract with
you, we will try and help arrange alternative accommodation for you
and your Guests of an equivalent type and standard in a similar
location. However, we will not be responsible for any costs
associated with arranging alternative accommodation and arranging
this may be subject to the payment of additional charges by you if
the Total Charges for the alternative are higher than those
actually available to you under the cancelled Booking. We will
always get your approval in advance of arranging any alternative
accommodation and notify you of the additional costs; or
- the Owner will refund you the Rental Charges minus any cost and
expense the Owners have reasonably incurred in providing you with
the Rental Services up to the date of termination. Acting as the
Owner's agent, we will try and facilitate this refund to you
from the Owner.
- Notification of options: If an Unexpected
Event occurs, we will notify you as soon as reasonably possible
after we are aware of it and inform you of the available
options.
- Consequences after an option has been
provided: After providing you with your preferred option
under paragraph 13.2, we and the applicable Owner shall have no
further responsibility to you in relation to your original
Booking.
- OTHER Consequences of A Rental Contract ending FOR WHATEVER
REASON
- Consequences of a Rental Contract ending: If
the Rental Contract ends during or at the end of the Holiday
Period, you must:
- leave the Property together with all Guests as soon as
possible;
- notify the Owner (or their representatives) and us that you and
your Guests have left the Property and, if relevant, the reasons
for doing so; and
- return the keys/access cards to the location instructed by the
Owner.
- Consequences of your decision to leave the Property
before the end of the Holiday Period: If you leave the
Property before the end of the Holiday Period of your own accord
(and not due to an Unexpected Event or because you have ended the
Rental Contract with one of your rights under paragraph 11.1) no
refunds for