TERMS AND CONDITIONS FOR BOOKING A PROPERTY
Coastal (Cymru) Ltd trading as Coastal Holidays (“the Agent” “we, “us” and “our”), arranges bookings of holiday accommodation as agents for you (“you” and “your” means all the people named on the booking form). The Agent does not own the property but acts as agent on behalf of the property owner (“the Property Owner” and “Owner”) and the use of the property is subject to the terms of the property owner. As we act as agents when taking your booking, we accept no liability in relation to any contract you enter into for accommodation or for the acts or omissions of any Property Owner or other person or party connected with your booking.
TERMS AND CONDITIONS
- Holiday Confirmation and Payment
1.1 All bookings depend on the property being available. You as the person in charge of the party (the party leader) must be at least 18 years old at the time of booking. All other members of the party must authorise you to make the booking on the basis of these conditions. By making the booking, you confirm that you are authorised to make the booking and that all other members of the party agree that the booking will be governed by these conditions. You are responsible for making all payments due to us.
1.2 As long as the property is available and we have received all the relevant payments, we will give you written confirmation, by email or post, as soon as reasonably possible. We, on behalf of the owner, have the right to refuse any booking before we send you your written confirmation. If we do this, we will tell you in writing and promptly refund any money you have paid to us. In this case, neither we nor the owner will have any legal responsibility to you.
It is your responsibility to check your emails regularly and to let us know about any change to your email address. Upon the agent issuing a holiday confirmation for the property to the Holidaymaker as agent for the Property Owner, a binding contract shall exist between the Holidaymaker and the Property Owner. As soon as you receive your confirmation, you must check the details carefully. If anything is not correct, you should tell us immediately. Where we offer the option of a provisional telephone booking, the property will be released for general sale after the agreed time period (usually 24 hours) unless you fully confirm the booking.
1.3 When you book, you should pay the deposit amount then due by bank transfer, debit or credit card, Paypal or by sending us a cheque. There is no surcharge when paying by credit card, debit card, bank transfer, Paypal or cheque. We only accept payment in pounds sterling. We must then receive the rest of the money owed no less than 6 weeks before your arrival date. However, if you book less than 6 weeks before your arrival date, we must receive full payment of the total cost when you make the booking. For any accommodation booked less than two weeks before your intended stay, you must pay for the booking in full by debit or credit card, or by bank transfer, at the time of booking.
If you do not pay any payment due in relation to your booking by the appropriate date we, on behalf of the owner, are entitled to assume that you want to cancel your booking. In this case, your booking will be cancelled immediately. You may also need to pay additional charges. Please see section 3.
If your bank refuses to make your payment for any reason, we are entitled to make an administration charge of £25.
1.4 The prices stated are cash prices. A booking fee to cover administration is added to the property charge. Any booking fee will be stated on our website. We keep the prices charged by the owner under constant review and the prices of unsold products and services may be increased or reduced at any time. We may also correct mistakes in the pricing of unsold products and services at any time. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check all details at the time of booking.
- Changes by the Holidaymaker
2.1 Immediately upon receipt of the holiday confirmation from the Agent, the Holidaymaker should check the details and notify the Agent immediately of any correction as soon as possible. If you want to change any detail of your confirmed booking, we will do our best to make the changes. However, we must receive your notice in writing by post or email. We may agree to accept notice over the telephone, but this should be arranged with us first. Also, we cannot guarantee that the owner concerned will be able to meet your request. The Agent reserves the right to charge a holiday booking amendment fee in such circumstances. You must also enclose a payment of £25 with this notice for each change. Plus you will have to pay any costs we have to pay to the owner. We will charge for any amendment at the current website price, which may be different from the price on the website from which you booked your chosen arrangements. We may treat changes to your dates or accommodation as a cancellation of the original booking and so you may have to pay cancellation charges. Individual party members may be able to transfer their place to someone else introduced by you if they pay the charges shown above and as long as we are told at least two weeks before your arrival date. If we can make a transfer, you must pay all costs and charges we have to pay or which the owner makes to us as a result, together with the appropriate amendment fee as set out above, before the transfer can take place
- Cancellation by the Holidaymaker
3.1 Your deposit is not refundable if you wish to cancel your booking. Where you have paid for the cost of the property in a single payment without a deposit being applicable, Coastal Holidays will in all circumstances retain up to 25% of the total cost of the booking.
However if you have to, or want to, cancel your booking, you must email or phone us as soon as possible. The day we receive your notice by email or phone to cancel is the date on which we will cancel your booking with the owner.
Depending on your reason for cancellation, you may receive a refund (if authorised by the owner) of all money you have paid to us for your booking (apart from your deposit or the agent’s commission, booking fees, any amendment charges, and credit card charges you have already paid). We will also keep a cancellation administration fee of £60 for each week or part of a week per booking.
The conditions for getting a refund referred to above only apply if the cancellation applies to all members of your party. All prices are for the whole property and not on a per person basis.
3.2 If you have paid the total cost of the holiday in full and you wish to cancel your booking and claim a refund (apart from your deposit, booking fees, any amendment charges, and credit card charges you have already paid) you should set out your reasons in writing and send with relevant documentary evidence to Coastal Holidays either by email or post. Coastal Holidays will forward your claim to the owner for consideration. However, the owner is under no legal obligation to provide a refund and it would only be under exceptional circumstances that such a payment would be contemplated.
3.3 Insurance is there to provide protection from the financial risks associated with going on holiday. Therefore we highly recommend that you arrange holiday/travel/cancellation insurance appropriate to your own circumstances to minimise these risks.
3.4 Booking Refunds
The Vendor will provide you with a refund on any unused booking if you are unable to attend the booked event due to any of the circumstances set out below.
The following words or phrases have the meaning shown below wherever they appear in bold in this document.
You/Your/Yourself – A person who has made a booking alone or as part of a group with us.
Doctor – A qualified medical practitioner registered with a recognised professional body. A doctor cannot be you or a member of your immediate family.
Emergency Services – The Police, Fire and Rescue Service or Emergency Medical Services.
Booking/Booked event – The pre-planned and pre-booked service(s)/event(s)/ticket(s) including booking and service fees transacted with us by you.
Group– Any number of people who have made a booking with us with Booking Refund Protection in the same transaction.
Illness – A physical or mental condition confirmed by a doctor that prevents you from attending the booked event.
Immediate family – Your husband, wife, partner, civil partner, parent, child, brother or sister.
Injury – A bodily injury confirmed by a doctor that prevents you from attending the booked event.
Public Transport Network – Any mode of public transport other than public hire taxis licensed for public use on which you had planned to travel to a booked event.
Ticket – A non-refundable, authorised ticket that was purchased from us where Booking Refund Protection has been
purchased at the same time as purchasing the Ticket(s).
We/us/our – The booking vendor with whom you made the booking.
What will we refund?
We will refund the cost of your booking if you are unable to attend a booked event due to:
- unexpected disruption of the public transport network you could not have reasonably known about before the date of the time of the booked event;
- the death, injury, or illness happening to you, a member of your immediate family or any person(s) in the group due to attend the booked event with you;
- the mechanical breakdown, accident, fire or theft en route of a private vehicle taking you to the booked event;
- jury service which you were unaware of at the time of the booking;
- burglary or fire at your residence in the 48 hours immediately before the booked event that required the attendance of the emergency services;
- you being summoned to appear at court proceedings as a witness which you were unaware of at the time of booking;
- you being a member of the armed forces and being posted overseas unexpectedly;
- adverse weather including snow, frost, fog or storm where the Police services or other Government agency have issued warnings not to travel. You must provide confirmation of relevant road closures from the Police or the relevant Government agency;
- you being relocated permanently for work by your employer at the time of booking more than 100 miles from the booked event which you were unaware of at the time of booking or you are unexpectedly made compulsory redundant.
What will we not refund?
We will not provide a refund where:
- you cannot provide a doctor’s report for injury or illness;
- you cannot return all unused tickets or vouchers forming part of the booking;
- you cannot provide evidence of the unused tickets when applying for a refund;
- the booked event is cancelled, abandoned, postponed, curtailed or relocated;
- you decide not to attend a booked event other than for a reason included within this Booking Refund Protection;
- you are prevented from travelling to a booked event due to disruption of the public transport network which is public knowledge prior to the booked event;
- you can recover any part of the booking;
- in our reasonable opinion, you did not allow sufficient time to travel to a booked event;
- you carry out a criminal act which prevents you attending a booked event;
- you are prevented from travelling to a booked event due to an outbreak of a contagious disease and the Government or any agency acting on behalf of the Government has imposed a ban on travel;
- you make a false or fraudulent refund application or support a refund application by false or fraudulent document, device or statement;
- you submit your refund request more than 45 days after the booked event.
We will not pay for travelling or associated expenses (unless travel costs are included as part of the total booking price), or any loss other than the purchase price, including booking fee, of the booked event.
We will not pay any consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolutions, insurrection, military or usurped power, riot, civil commotion, strikes, lockout, terrorism, malicious intent or vandalism, confiscation or nationalisation of or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
We will not pay any costs you incur in submitting or providing evidence to support your refund application.
a) you must make all necessary arrangements to arrive at the event on time.
- b) you must not be aware of any material fact, matter or circumstance, at the time Booking Refund Protection is purchased, which may give rise to a refund request.
- c) you must take all reasonable precautions to prevent or reduced any request for a refund.
- d) unless we agree otherwise:
i) the language of this document and all communications relating to it will be English; and
ii) all aspects of the contract, including negotiation and performance, are subject to English laws and the decisions of English courts.
- Cancellation or Changes by the Owner or Agent
4.1 The owners do not expect to have to make any changes to your booking. However, sometimes problems happen and bookings have to be changed or cancelled or mistakes on the website or other details corrected. The owner has the right to do so. If they do, we, on their behalf, will contact you (by phone if reasonably possible in the case of a significant change or cancellation – we will let you know about minor changes by email) as soon as is reasonably practical. We will explain what has happened and let you know about the cancellation or change.
4.2 In the event of the Agent being unable to arrange the holiday accommodation requested by the Holidaymaker, the Agent shall use its best endeavours to arrange alternative accommodation of an equivalent type and standard in a similar location. If this is not acceptable to the Holidaymaker and the Holidaymaker so advises the Agent within seven days of receiving the holiday confirmation form, the Agent shall refund the deposit to the Holidaymaker.
4.3 Unless we say otherwise in these booking conditions, unfortunately we or the owner will not be legally responsible either jointly or individually for any compensation if we or they are prevented from carrying out our responsibilities under this contract as a result of events beyond our control. This means an event we or the owner could not, even with all due care, expect or avoid, including:
- strike, lock-out or labour dispute;
- natural disaster;
- acts of terrorism, war, riot or civil commotion;
- malicious damage;
- keeping to any law or governmental order, rule, regulation or direction;
- breakdown of equipment or machinery;
- insolvency or bankruptcy of an owner or service provider;
- fire, flood, snow or storm;
- difficulty or increased cost in getting workers, goods or transport; and
- other circumstances affecting the supply of goods or services.
- Brochure and Web Site Accuracy
5.1 Whilst to the best of the Agent’s knowledge, the details relating to any property described in the Agent’s brochure and on the Agents web site were correct at the time of printing/preparation; the Agent reserves the right to make alterations to the details at any time and will endeavour to inform the Holidaymaker of any such alterations. The Agent cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the brochure and on the web site. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and services, unless this was caused by our negligence.
- Responsibilities of the Holidaymaker
During the period of the holiday, the Holidaymaker undertakes the following:
6.1 That the number of people occupying the property will not exceed the number stated on the booking form. If it does the Property Owner/Caretaker can refuse to allow the holidaymaker to take possession of the property or make the holidaymaker leave the accommodation before the end of the holiday. If this happens the Agent shall treat the holiday as being cancelled by the Holidaymaker and the Holidaymaker shall have no claim against the Agent for compensation or reimbursement whatsoever.
6.2 That the property will be used solely for the purpose of a holiday by the Holidaymaker and his party;
6.3 To show due consideration for other parties. If the Holidaymaker abuses the property or displays dangerous, offensive or rude behaviour to the Property Owner/caretaker or any third parties (e.g. neighbours), the Property Owner/caretaker has the right to ask the holidaymaker to leave the accommodation before the end of the holiday. If this happens the Agent shall treat the holiday as being cancelled by the Holidaymaker and the Holidaymaker shall have no claim against the Agent for compensation or reimbursement whatsoever. Neither we nor the owner are under any obligation to find alternative accommodation for you.
6.4 To allow the Property Owner or his representatives access to the property at any reasonable time during the period of the holiday.
6.5 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.
6.6 As the Agent acts only as agent for the Property Owner, the Agent cannot accept any liability for any acts or omissions of the Property Owner or anyone representing, or employed by, the Property Owner. Further, the Agent cannot accept any liability for any shortcomings or defects with or in any Property as all properties are within the sole control of the Property Owner. The holidaymaker will report as soon as possible to the Agent any breakages or damage caused by the Holidaymaker during the holiday and to reimburse the Agent with the cost of replacement. Security Deposits – Some Owners require payment of a security deposit. The amount and details of how payment should be made and how and when it will be returned (less any costs for breakages, damages etc. if applicable) will be provided at the time of booking. The Agent and/or Property Owner reserves the right to make a claim against the Holidaymaker for repair or loss as a result of damage caused;
6.7 To notify all other members of the Holidaymaker’s party of these conditions;
6.8 To arrive after 4 p.m. on the day of arrival afternoon and to vacate the property by 10 a.m. on the final day unless prior arrangement has been agreed with the Property Owner.
7.1 Pets are only allowed at properties that state they are allowed on the website. 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/Caretaker/Agent can refuse to allow the Holidaymaker to take possession of the property or make the Holidaymaker leave the accommodation before the end of the holiday. If this happens the Agent shall treat the holiday as being cancelled by the Holidaymaker and the Holidaymaker shall have no claim against the Agent for compensation or reimbursement whatsoever.
7.2 The Holidaymaker is liable for all damage caused by his/her pets. The Holidaymaker should remove all traces (inside and out) 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.
7.3 The Holidaymaker must not allow pets on beds or furniture within the property.
7.4 Pets must not be left alone in the property at any time.
7.5 If the Holidaymaker breaks these conditions, the Owner/caretaker has the right to ask the Holidaymaker to desist. If the Holidaymaker fails to do so the Owner can take the action described in 6.1 above.
8.1 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.
8.2 If you have any cause to complain you shall bring this to the attention of the Agent to allow them an opportunity to achieve a satisfactory solution. The contract for your accommodation is between you and the owner. You should put any queries or concerns to the Agent. It is essential that you contact us immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless we are told promptly. In particular, complaints which would only be temporary (for example, complaints on how the property is prepared or the heating not working) cannot possibly be investigated unless registered during your stay.
If, after this, you feel that the problem has not been dealt with to your satisfaction, you must, within 14 days of returning from your stay, put your complaint in writing to us. We will then pass this on to the owner. Send your letter to our office at Plas Lon Las, Brynsiencyn, Anglesey LL61 6TQ. Or you can send an email to email@example.com. We have designed this procedure to make sure we can sort out complaints as quickly as possible. Please help us and the owner to help you by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation if this would be appropriate. As we act only as an agent for the owner, we cannot accept any legal responsibility for your property. If we help to sort out a complaint, we are doing so as an agent only.
8.3 It is agreed that any dispute, claim or other matter which may arise in relation to your booking will be governed by English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
8.3 The Holidaymaker is granted a ‘licence to occupy’ – where a ‘licence to occupy’ is an arrangement where the holidaymaker does not have exclusive use of the property and the owner or agent has the right to access the premises during the period of the booking.
8.4 Where a Security Deposit (Pre-authorisation) is required by the property owner. This will be done by Pre-authorising a credit card. A Pre-authorisation is a temporary hold of a specific amount of the available balance on a credit card. The Pre-authorisation is not a charge and no funds will be debited from your account.
The pre-authorisation guarantees us that funds are available to pay for any charges incurred. Pre-authorisation is a banking term describing a practice where money is not taken from the payee’s account at the moment the transaction is made. The amount charged is instead made unavailable on that customers’ account.
8.5 We reserve the right to charge guests the cost of rectifying damage, caused by the accidental, deliberate, negligent or reckless act of the guest to the property or structure. Should this damage come to light after the guest has departed, we reserve the right to make a charge to the guest’s debit/credit card, or send an invoice for the amount to the registered address. We will however make every effort to rectify any damage internally prior to contracting specialists to make the repairs, and therefore will make every effort to keep any costs that the guest would incur to a minimum.
8.6 We reserve the right to charge guests the cost of replacing any items that are removed from the premises by them without consent. The charge will be the full replacement amount of the missing item, including any carriage charges. Should the fact that the item is missing come to light after the guest has departed, we reserve the right to make a charge to the guest’s credit/debit card, or send an invoice for the amount to the registered address.
8.7 Coastal Holidays reserve the right to change these terms and conditions without notice and from time to time as circumstances dictate