PLEASE READ THIS CAREFULLY. WHEN YOU MAKE A RESERVATION
REQUEST WITH US (WHETHER BY EMAIL, TELEPHONE OR POST), THESE
CONDITIONS ARE DEEMED TO HAVE BEEN ACCEPTED BY YOU.
1. DEFINITIONS
1.1) "Additional Fees" means any fees
payable by the Holidaymaker other than the Rental Charge and
Booking Fee, including (but not limited to) transport costs, card
handling fees, insurance costs, heating supplements, pet charges
and linen charges.
1.2) "Agent" means Sykes Cottages
(Company Number 4469189) whose registered office is at Lime Tree
House, Hoole Lane, Chester CH2 3EG.
1.3) "Booking" means the reservation
of the Property by the Holidaymaker.
1.4) "Booking Conditions" means these
terms and conditions.
1.5) "Booking Fee" means the booking
fee payable by the Holidaymaker to the Agent, being £39 per
Property per week or £39 per Property per Short Break (as
appropriate).
1.6) "Deposit" means:
(a) payment required to confirm a booking, normally £64;
or
(b) if the holiday is due to commence within six weeks of the
date of a Reservation Request, 100% of the Rental Charge
1.7) "Holidaymaker" means the person
or persons making the Booking.
1.8) "Holiday Confirmation" means the
confirmation of the Booking issued by the Agent to the Holidaymaker
(by email and/or post) once the Initial Payment has been
processed.
1.9) "Initial Payment" means the
payment of the Booking Fee, the Deposit and any applicable
Additional Fees.
1.10) "Property" means the
accommodation for which a Booking is made.
1.11) "Property Owner" means the
owner of the Property.
1.12) "Rental Charge" means the total
rental charge payable in respect of the Booking.
1.13) "Reservation Request" means a
request to make a Booking in the form of a completed holiday
booking form (whether submitted via the post, email, website or
otherwise) or a telephone booking.
1.14) "Short Break" means a holiday
for a duration of less than seven nights.
1.15) "Transport Costs" means the
costs payable by the Holidaymaker to the Agent in respect of
transport arranged by the Agent.
1.16) "Transport Request" means a
request for the Agent to arrange transport services in relation to
the Booking.
2. ROLE OF AGENT
2.1) The Agent acts as agent for the Property Owner to take and
arrange Bookings. The Agent does not own or manage the Property but
reserves the right to refuse any Booking. The Agent may also act as
agent for the providers of transport and other ancillary
services.
2.2) Once the Initial Payment has been made and a Holiday
Confirmation has been issued by the Agent, a legally binding
contract shall exist between the Holidaymaker and the Property
Owner pursuant to which the Property Owner will make the Property
available for the period set out in the Booking. For the avoidance
of doubt, the Agent shall not be a party to such contract but may
have rights pursuant to the Contracts (Rights of Third Parties) Act
1999.
2.3) The contract shall be subject to these Booking Conditions
and any other special conditions made known to the Holidaymaker at
the time of the Booking.
2.4) The Agent accepts no liability for any defects or
unavailability of the Property or any other problems with the
holiday. The Holidaymaker's right of action (if any) shall be
against the Property Owner and not the Agent.
3. BOOKINGS AND PAYMENT
3.1) Following receipt of a Reservation Request the Agent shall
check the availability of the Property. If the Property is
available for the Holiday, the Agent shall reserve the Property.
3.2) If a Transport Request has been made (whether at the time
of the Reservation Request or otherwise), clause 4 shall apply.
3.3) If the Reservation Request is for a period outside the
current letting period, the Agent is unable to make a Booking. In
such an event, the Agent may offer the Holidaymaker the opportunity
to make a provisional reservation; the cost of which is £35
and is fully refundable. The effect of a provisional reservation is
that the Agent will notify the Holidaymaker if and when the
Property becomes available for Bookings and the Agent shall not
make a Booking for the Property for the relevant period without
first offering the opportunity to the Holidaymaker (such offer will
be on the then current terms meaning the price may have increased
from the time the provisional reservation was made). The
Holidaymaker may cancel a provisional reservation at any time and
upon doing so the £35 will be refunded. If the Owner withdraws
the Property or the Holidaymaker does not make a booking when
offered the opportunity to do so, the provisional reservation shall
be deemed to be cancelled and the £35 shall be refunded.
3.4) Upon receipt of the Initial Payment, the Agent will issue a
Holiday Confirmation to complete the Booking.
3.5) The balance of the Rental Charge (if any) must be paid by
the Holidaymaker to the Agent no later than six (6) weeks prior to
the commencement of the holiday (the Agent shall endeavour to
inform the Holidaymaker of the due date at the time of the
Booking).
3.6) Where the Agent has not received the balance by the due
date, an overdue reminder letter will be issued to the Holidaymaker
and a charge of £10 will be added to the balance due. If the
balance is not received within four (4) days of that reminder, the
Agent reserves the right to treat the Booking as cancelled by the
Holidaymaker and clause 6 shall apply and the Holidaymaker shall
have no claim against the Agent or the Property Owner for
compensation or reimbursement whatsoever.
3.7) The prices stated on the Agent's website and in the
Agent's brochure are cash prices in pounds sterling. The Agent
incurs charges from credit card companies when the Holidaymaker
pays by credit card, and therefore a £7.50 charge will be made
for each credit card transaction. Any charges raised against the
Agent by its bank for handling dishonoured cheques, bank transfers
or any other payments, must be reimbursed by the Holidaymaker to
the Agent within seven (7) days of the Agent's request to do
so.
3.8) All payments must be made in pounds sterling.
3.9) The Agent reserves the right to correct any error in
advertised and/or confirmed prices.
3.10) Following the issue of a Holiday Confirmation, the Agent
will not increase any charges which are under its control but
reserves the right to pass on to the Holidaymaker any increases in
charges by third parties (including, for the avoidance of doubt,
any fuel surcharges or rates of taxation) by way of a surcharge in
accordance with clause 3.12.
3.11) Rental Charges in respect of Properties outside the UK are
based on exchange rates at the date on which they are set. If
changes in exchange rates result in an effective increase in excess
of 2% of the Rental Charge the Agent reserves the right to charge a
surcharge, for which an invoice shall be issued to the
Holidaymaker. The surcharge must be paid with the balance of the
Rental Charge or within fourteen (14) days of the date of the
surcharge invoice, whichever is the later.
3.12 In respect of any surcharge, an invoice shall be issued to
the Holidaymaker. The surcharge must be paid with the balance of
the Rental Charge or within fourteen (14) days of the date of the
surcharge invoice, whichever is the later.
3.13) A surcharge will not be levied within fourteen (14) days
of the commencement of the holiday.
3.14 Please note some Property Owners may charge a Good
Housekeeping bond (as mentioned in the individual Property
details). The Owner shall liaise directly with the Holidaymaker to
collect and (if appropriate) return this bond. The Agent has no
control over any Good Housekeeping bond that may be collected.
4. TRANSPORT REQUESTS
4.1 All Transport Requests shall contain the following
information:
(a) The name, gender and age category of all persons
travelling;
(b) The dates of travel and preferred times;
(c) The preferred mode of transport; and
(d) Where applicable, the details of the vehicle(s) of the
Holidaymaker
4.2 Upon receipt of a Transport Request, the Agent shall use its
reasonable endeavours to find suitable travel arrangements for the
Holidaymaker.
4.3 Confirmation of transport arrangements will be included in
the Holiday Confirmation. If a Transport Request is made after a
Holiday Confirmation has been issued (and/or payment of Travel
Costs is made after such date) a revised Holiday Confirmation will
be issued.
4.4 Transport arrangements are made by the Agent with
independent third party service providers and are subject to such
third parties' terms and conditions, copies of which are
available on request.
5. BOOKING DETAILS
5.1 When making a Reservation Request, the Holidaymaker should
give full details of any medical problems or disabilities of any
member of the Holidaymaker's party which may affect the
suitability of the Property or travel arrangements.
5.2 The Agent will use its reasonable endeavours to accommodate
any particular needs but gives no warranty that the Booking will be
suitable and a failure to accommodate any particular needs will not
be a breach of contract.
5.3 Immediately upon receipt of the Holiday Confirmation from
the Agent, the Holidaymaker should check the details and notify the
Agent of any mistakes/ errors made by the Agent as soon as possible
and in any event within seven (7) days; no changes can be made to
the Booking after this time. The Agent reserves the right to charge
a holiday booking amendment fee to administer/ correct any error by
the Holidaymaker.
6. CANCELLATION BY THE HOLIDAYMAKER
6.1) The Holidaymaker should notify the Agent immediately in
writing if he/she wishes to cancel the Booking. The cancellation
only takes effect when the Agent has received written confirmation
from the Holidaymaker. If the Booking is cancelled after the
balance of the Rental Charge becomes payable, such balance shall
remain payable notwithstanding cancellation.
6.2) No refunds will be given on the cancellation of a Booking
by the Holidaymaker.
6.3) This agreement shall be binding on, and enure to the
benefit of, the parties to this agreement and their respective
personal representatives and successors, and references to any
party shall include that party's personal representatives and
successors.
7. OTHER CANCELLATIONS
7.1) In the event of the Agent being unable to arrange the
holiday accommodation requested by the Holidaymaker, or if the
Property becomes unavailable for whatever reason, the Agent will
endeavour to arrange alternative accommodation for the Holidaymaker
of an equivalent type and standard in a similar location.
7.2) If the Holidaymaker has paid any money in respect of a
Property and that Property subsequently becomes unavailable, the
Agent shall use its reasonable endeavours to obtain a refund from
the Property Owner to the Holidaymaker of all monies paid by the
Holidaymaker.
7.3) The Agent is not liable for any costs associated with
alternative accommodation, which must be paid by the
Holidaymaker.
7.4) Save as set out above, the Agent shall have no liability
for the cancellation or alteration of a Booking.
8. BROCHURE ACCURACY
8.1) To the best of the Agent's knowledge the details
relating to any Property described in the Agent's brochure were
correct at the time of printing.
8.2) Upon becoming aware of any material inaccuracies in any
published description of the Property or material changes to the
Property, the Agent shall endeavour to correct them in future
publications and inform the Holidaymaker. The Agent may, in its
sole and absolute discretion, offer the Holidaymaker the option to
treat the change as a Cancellation Event and clause 7 shall apply
accordingly.
8.3) The Agent cannot accept responsibility for any changes or
closures to area amenities or attractions mentioned in the
brochure.
9. INSURANCE
9.1 You are strongly advised to take out adequate travel
insurance prior to departing for your holiday. It is your
responsibility to check that your insurance cover is adequate.
9.2 During the Booking process you may be given the option to
purchase holiday insurance cover. The purchase of any insurance
products is entirely optional. Sykes Cottages Limited (also t/a
Hogans Cottages) is an appointed representative of ITC Compliance
Limited which is authorised and regulated by the Financial Conduct
Authority (their registration number is 313486) and which is
permitted to advise on and arrange general insurance contracts.
For further information please see our
insurance page.
10. RESPONSIBILITIES OF THE HOLIDAYMAKER
10.1) During the period of the holiday, the Holidaymaker
(personally and on behalf of all other people visiting the
Property) undertakes (for the benefit of the Property Owner and the
Agent) as follows:
10.1.1) that the number of people occupying the Property will
not exceed the number stated on the Holiday Confirmation;
10.1.2) that the Property will be used solely for the purpose of
a holiday by the Holidaymaker and his party;
10.1.3) to show due consideration for other parties (to include,
but not be limited to, refraining from abuses of the Property
and/or dangerous, offensive or rude behaviour to the Property
Owner, his representative or any third parties such as
neighbours);
10.1.4) to allow the Property Owner or his representative access
to the Property at any reasonable time during the period of the
holiday;
10.1.5) to 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 commencement of the holiday
and to ensure that at the end of the holiday the Property is left
in the same state of order and cleanliness in which it was found.
The Property Owner reserves the right to levy an additional charge
for any extra cleaning required after the Holidaymaker's
occupancy and for any consequential loss;
10.1.6) to report as soon as possible to the Property Owner (or
his representative) any breakages or damage caused by the
Holidaymaker during the holiday and to reimburse the Property Owner
with the cost of replacement. The Property Owner reserves the right
to make a claim against the Holidaymaker for repair or loss as a
result of damage caused;
10.1.7) to arrive after 3 p.m. on the arrival day and to vacate
the Property by 10 a.m. on the day of departure unless prior
arrangement has been agreed with the Property Owner and/or the
Holiday Confirmation states otherwise;
10.1.8) not (without the express permission of the Property
Owner) allow any person other than guests booked and staying in the
Property for their holiday to use the facilities and amenities of
the Property; and
10.1.9) to notify all other members of the Holidaymaker's
party of these undertakings.
10.2) In the event of a breach of any of the undertakings set
out in clause 10.1 the Property Owner (or his representative) can
refuse to allow the Holidaymaker to take possession of the Property
or make the Holidaymaker leave the Property before the end of the
Holiday. In either case the Holidaymaker shall be deemed to have
cancelled the Booking and the Holidaymaker shall have no claim for
compensation or reimbursement whatsoever.
11. PETS
11.1) Pets are only allowed at Properties that are advertised as
allowing a pet/pets. If a Holidaymaker takes a pet to a Property
that does not allow them, or exceeds the stated number/size of pet,
the Property Owner (or his representative) can refuse to allow the
Holidaymaker to take possession of the Property or make the
Holidaymaker leave the Property before the end of the holiday. If
this happens the Holidaymaker shall be deemed to have cancelled the
Booking and the Holidaymaker shall have no claim for compensation
or reimbursement whatsoever.
11.2) The Holidaymaker is liable for all damage caused by
his/her pets. The Holidaymaker should remove all traces (inside and
out) from the Property of pet occupation before final departure.
The Property Owner reserves the right to levy an additional charge
for any extra cleaning required after the Holidaymaker's
occupancy. The Holidaymaker must not allow pets on beds or
furniture within the Property and pets must not be left alone in
the Property at any time. If the Holidaymaker breaches this clause
the Property Owner (or his representative) may notify the
Holidaymaker of the breach and if the Holidaymaker continues to
breach this clause the Property Owner (or his representative) may
make the Holidaymaker leave the Property before the end of the
Holiday. If this happens the Holidaymaker shall be deemed to have
cancelled the Booking and the Holidaymaker shall have no claim for
compensation or reimbursement whatsoever.
11.3) Without prejudice to clause 11.2 above. Registered
assistance dogs are allowed in all properties featured on our
website or in our brochure, even where the property description
states that pets are not allowed. The Holidaymaker must notify
Sykes Cottages of the intended presence of any assistance dogs
prior to booking. Customers with allergies should be aware that we
cannot guarantee that an assistance dog has not stayed in a chosen
property recently. We cannot accept responsibility for any
suffering which may occur as a result of such animals having been
present.
12. LIABILITY
12.1) The Holidaymaker's (and all other members of the
Holidaymaker's party's) personal belongings and vehicles
(together with their contents) are left at the Property entirely at
their own risk.
12.2) The Agent shall accept no liability to the Holidaymaker
for any loss, damage or injury howsoever caused to the Holidaymaker
or to the Holidaymaker's personal property (or to persons in
the Holidaymaker's party or their personal property) during
their stay at the Property except to the extent such loss, damage
or injury is caused by the negligence or wilful default of the
Agent.
12.3) No representative, agent or sales person (whether employed
by the Agent or not):
12.3.1) has authority to vary, amend or waive any of these
Booking Conditions and no amendment or addition to any of these
Booking Conditions shall be deemed to have been accepted unless
accepted in writing by a senior manager of the Agent; and/or
12.3.2) has authority to make any verbal representations or
provide additional information over and above information contained
in the Agent's brochures and website. The Agent cannot accept
responsibility and give no warranty in respect of information or
representations not contained in these Booking Conditions, the
Agent's brochures and/or the Agent's website.
13. COMMUNICATION AND INFORMATION
13.1) For the purpose of the Data Protection Act 1998, all
personal and other information and details collected by the Agent
in the course of its business, belong to the Agent and will not be
disclosed to any third party except to the Property Owner (and/or
his representatives) and, where applicable, the providers of
transport and/or ancillary services in connection with a
Booking.
13.2) Provided the Holidaymaker has not told the Agent
otherwise, the Agent may use the Holidaymaker's personal
information for marketing the Agent's services.
13.3) If the Holidaymaker or other individual wishes to be
removed from the Agent's marketing lists, they should contact
the Agent by phone on 01244 500500 or by email at info@sykescottages.co.uk.
13.4) Telephone calls between the Agent and the Holidaymaker may
be monitored or recorded by the Agent for training and quality
control purposes.
14. COMPLAINTS
14.1) In the unlikely event the Holidaymaker may have cause for
dissatisfaction, the Holidaymaker should contact the Property Owner
(or his representative ) as soon as possible. The Agent encourages
all Property Owners to take complaints from Holidaymakers seriously
and to resolve them if at all possible.
14.2) If the Holidaymaker is unhappy with the Property
Owner's response, the Holidaymaker should contact the Agent as
soon as possible (and in any event within 28 days of the end of the
holiday) and provide details of the complaint and the Property
Owner's response.
14.3) Without prejudice to clause 2.2, upon receipt of details
of a complaint from a Holidaymaker, the Agent may (in its absolute
discretion) liaise with the Holidaymaker and the Property Owner and
attempt to resolve the outstanding complaint.
14.4) This clause 14 is without prejudice to any cause of action
the Holidaymaker may have against the Property Owner.
15. FORCE MAJEURE
No liability can be accepted and no compensation will be paid by
the Agent or the Property Owner, where the Holidaymaker or his
personal property (and/or any person in the Holidaymaker's
party and/or their personal property) suffer any loss, damage,
injury, disappointment, inconvenience or otherwise, or where the
performance or prompt performance of any obligations by the Agent
or the Property Owner are prevented or affected, by any event which
the Agent or the Property Owner could not have reasonably foreseen
or avoided including war, threat of war, riot, civil strife,
industrial action, terrorist activity, natural or nuclear disaster,
fire, adverse weather conditions closure of international borders,
disease, none availability of transport services, interruption to
services/utilities and all similar events outside the control of
the Agent or the Property Owner.
16. PASSPORTS AND VISA REQUIREMENTS IN RELATION TO THE REPUBLIC
OF IRELAND
16.1 UK citizens do not presently require a passport or visa to
enter Ireland, but most carriers by air or sea now require some
form of identification with photograph (usually either a passport
or driving licence with photo). Visitors are advised to check what
form of ID is required with the individual airline, ferry company,
tour operator or travel agent before travelling.
16.2 Non UK nationals must have a valid passport or national
identity card as appropriate.
16.3 Citizens living within the EU and most other Western
countries including Australia, Canada, New Zealand and South Africa
do not require visas.
16.4 All other countries should contact their local Irish
Embassy/Consulate prior to travelling to the Republic of Ireland,
and visitors to Northern Ireland should contact their local British
Embassy/High Commission or Consular Office.
17. HEALTH CONSIDERATIONS FOR TRAVEL TO THE REPUBLIC OF
IRELAND
17.1 If you are travelling to Ireland from another Member State
of the European Economic Area or Switzerland, you must carry a
European Health Insurance Card (EHIC) or a provisional replacement
certificate.
17.2 The EHIC is not a substitute for medical and travel
insurance, but entitles you to emergency medical treatment on the
same terms as Irish Nationals. It also does not cover you for
medical repatriation, on-going medical treatment or treatment of a
non-urgent nature. All travellers are advised to ensure they have
appropriate medical and/or travel insurance.
17.3 British visitors to Northern Ireland require no
documentation and will receive treatment as they would in
Britain.
18 FINANCIAL PROTECTION
18.1 In accordance with "The Package Travel, Package Tours
Regulations 1992" all passengers booking with Sykes Cottages
Ltd are fully Insured for the initial deposit and subsequently the
balance of all monies paid to us, including repatriation if
required, arising from the cancellation or curtailment of your
travel arrangements due to the insolvency of Sykes Cottages Ltd.
18.2 A certificate detailing this cover will be given to each
and every passenger as evidence of cover. Please ensure that you
have been given the appropriate certificate(s) at the time of
booking.
18.3 This insurance has been arranged by MGA Cover Services on
behalf of Towergate Chapman Stevens through CBL Insurance.
19. LAW AND JURISDICTION
All contractual obligations arising out of these conditions
shall be subject to English Law and the exclusive jurisdiction of
the English Courts.
1st March 2016