Booking Conditions

Any contract for hire of a property shall be between the hirer and the holiday home owner. BlackbarnKent (BBK) act as agents for owners. When you book a property through BBK you enter into a contract with the Owner of the property. BBK is responsible for the administration of your booking, but, except where otherwise stated in these Booking Conditions, does so solely on behalf of and as agent for the Owner.

The contract of hire only becomes effective once BBK have received full and final payment and have sent written confirmation to the hirer. Bookings cannot be accepted for persons under 18 years of age.

Terms stated are per week unless otherwise indicated and are inclusive of VAT where applicable. Hire terms shall be guaranteed on final confirmation of the booking unless there are changes in the rate of VAT.

No charge is made for debit or credit payments. Bookings if made less than 8 weeks before the start of the holiday must be paid in full at the time of booking.

BBK reserves the right to refuse any booking.

BBK reserves the right to cancel or alter arrangements made for you whether before or during the relevant visit (a) in any circumstance which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of BBK or (b) where in the reasonable opinion of BBK it is necessary to perform or complete essential remedial or refurbishment works. BBK shall offer the hirer a cottage in the same price category or in a lower category (where the difference will be reimbursed).

If a booking has to be cancelled by BBK, it will take reasonable steps to offer an alternative booking. If BBK is not able to offer such an alternative or the Visitor does not accept the alternative offered or the altered holiday arrangements (as the case may be), BBK will return to the hirer the relevant proportion of the money paid by the hirer to BBK in respect of the Accommodation and will not otherwise be liable for any loss caused by cancellation or alteration if it arises out of circumstances beyond its control.

Unless otherwise stated in writing, the holiday price will include all charges for water, gas, electricity, or oil. Hirers must comply with the instructions found in the cottages regarding the appropriate fuel for use on open fires or stoves within the Accommodation. Any damage caused by using inappropriate fuel will be charged to you.

The number of persons using the property shall not exceed the number stated in the advertising information without prior arrangement with BBK who reserve the right to make additional charges. BBK and the Owners reserve the right to refuse admittance if this condition is not observed. BBK and the owners reserve the right to refuse or cancel any bookings from parties that may in their opinion (and at their sole discretion) be unsuitable for the property concerned. If the hirer wishes to hold any function or celebrations exceeding this limit it must first obtain the written permission of BBK. If permission is granted, an additional charge may be levied.

The Accommodation shall be for family use only, not for youth groups or other groups or student parties. Sleeping in tents or motor vehicles adjacent to the Accommodation is not permitted.

The Booking conditions are personal to the hirer. The hirer must not use the Accommodation except for the purpose of a holiday by the hirer and their party during the Holiday Period, and not for any other purpose or longer period.

BBK reserves the right to ask the hirer and his or her party to leave the property (without compensation being payable to the Visitor or any member of his or her party) if this is deemed necessary by BBK where if there is a serious breach by the Hirer of the Booking conditions, or their behaviour is such as to endanger the safety of others. If any complaints are made of anti-social behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed KC shall give the hirer an opportunity to rectify the breach and failure to do so shall entitle BBK to terminate the agreement.

A representative of BBK may be allowed access to the property at any reasonable time during occupancy.

Where a pet is booked into a property it is the hirers responsibility to ensure it is not permitted on any furniture or beds. BBK reserve the right to make an extra cleaning charge if necessary as a result of accommodating a pet. Under no circumstances must a dog be left alone inside a house at any time. You, as pet owner will be responsible for removing any evidence left by your pet. Please show consideration for guests visiting after you have gone home and bear in mind that some popular beaches do not permit dogs during the summer months.

In addition to the cost of your holiday, BBK may require a refundable security deposit which may be used to cover the cost of breakages or extra cleaning if required. The hirer will provide debit or credit card details and pre-authorisation for the payment of the security deposit which will be taken with the balance. It is the hirers responsibility to ensure that the accommodation, furniture, fixtures, fittings and effects are left in the same state of cleanliness and order as was found at the start of the holiday. BBK reserve the right to make a charge for any extra cleaning necessary as a result of failure to comply. Where a security deposit is held, BBK will deduct the cost of extra cleaning and/or breakages from this amount and forward the balance to the hirer. The hirer shall be responsible for serious loss or damage which occurs to the property or its contents as a result of their negligence during their occupancy and is also responsible for paying appropriate compensation to BBK. The Visitor must allow BBK or its agents to enter the Accommodation to inspect the state of it, on prior appointment save in emergency when immediate access must be granted.

The hirer must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to any neighbours.

The hirer and his or her party must comply with any reasonable regulations relating to the Accommodation of which the hirer has written notice. Such regulations may be found in the welcome folder in the Accommodation, typical examples would include any local conditions regarding parking, waste disposal, recycling and so on.

Smoking is not permitted in any part of the Accommodation and the hirer and any member of his or her party undertakes not to smoke inside the Accommodation.

Except as indicated below, BBK cannot be held responsible for loss or damage to any belongings, or for injury sustained by the hirer or members of his or her party during their stay at the Accommodation. BBK excludes liability for loss or damage to any belongings, or for death or injury sustained to the hirer or members of his or her party during their stay at the Accommodation except to the extent that such injury or loss or damage to any belongings is caused by the negligence or default or breach of BBK of any duty.

The hirer shall be liable for and indemnify BBK against any liabilities, damages, claims, costs, losses (whether direct or indirect and including loss of profits) and expenses incurred or paid by BBK arising from the Hirers use or occupation of the Accommodation which arise from any breach by the hirer of his or her obligations under the Agreement or from any negligence or wilful default of the hirer and/or the hirers party.

Arrival and Departure Times  Adherence to the arrival and departure times forms part of the Booking conditions and any stay that extends over this period will be subject to a charge being made for additional days. Arrival time is as stated in the hirers arrival instructions on the first day of the holiday and Departure time is by 10.00am on the last day of the holiday.

The Visitor will be issued with a set of keys to the Accommodation on the first day of the Holiday Period and the Visitor must return them as per allocated instructions on the last day of the Holiday Period or the date of departure, if earlier. Failure to do so will incur the cost of a replacement set.

The use of accommodation and amenities, where offered, such as swimming pools, rowing boats, beach huts, climbing frames, trampolines etc. is entirely at the users risk, and no responsibility can be accepted for injury, or loss or damage to users or hirers personal belongings.

Please check all details upon receipt of the deposit or balance confirmation letters to ensure that they are correct as it may not be possible to make changes at a later date. If after your booking has been accepted by us, you require an amendment or re-invoice, BBK reserve the right to charge an amendment fee.

In the event that there is reason to be dissatisfied with the accommodation please contact BBK or the owner immediately so that an investigation can be carried out and remedial action taken as necessary. Under no circumstances will complaints be dealt with if received after the holiday has ended. As BBK acts only as an agent for the Owner, BBK cannot accept any liability for your property. Any assistance provided in resolving a complaint in relation to your booking is provided on a goodwill basis and in our capacity as agent only.

The Hiring Contract is made on the understanding that the property and its facilities as published will be available for the dates stated. In the unlikely event that a property is not available through events arising outside the control of BBK or the Owner, then BBK may be forced to cancel the booking. The Hirer will be advised as early as possible. Where possible, The Hirer will be offered suitable alternative accommodation, which, if not acceptable, will entitle the Hirer to a refund of all monies due. The Hirer will not as a result have any further claims against BBK or the owner. Please note that reservation requests taken via our website are not confirmed bookings until we have contacted you to confirm the reservation and accepted a payment.

BBK take every care to ensure the accuracy of the property description. All information is given in good faith and is believed to be correct at the time of going to press, but BBK cannot be held responsible for changes beyond their control which may become known after publication of this information. In addition, whilst KC advertise properties as non- smoking or no pets as instructed by the Cottage Owner, we cannot guarantee the fact. BBKs description of a cottage shows the amenities available in that property but generally does not state what is not in the property. Please be aware that if a property is advertised as having an enclosed garden, this does not necessarily mean a secure garden but may be enclosed by hedging or open style fencing. Further, BBK cannot accept liability for happenings outside its reasonable control, such as breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, damage resulting from exceptional weather conditions or the owners negligence resulting in loss, injury or accident.

The Booking Conditions relate to the Holiday Period and are not intended to create the relationship of Landlord and Tenant between the hirer and KC. The hirer shall not be entitled to a tenancy, or to any assured shorthold or assured tenancy or any statutory protection under the Housing Act 1988 or other statutory security of tenure.

In order to process a booking BBK requires certain personal details from you, for example names and addresses of party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect any party members holiday arrangements. BBK may be required to pass on your personal details to individuals and organisations (for example the property owner(s) or key holders), in order that your holiday rental and any travel-related services (if any) may be provided. The Company is required to process and store your personal details for their own administration, market analyses and operational reviews. BBK would also wish to store and use your personal details for future marketing purposes (for example, sending you brochures, emails or details of promotions and offers which BBK feels may be of interest to you). All details you give to BBK at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information. The companies and third parties to whom BBK discloses customer details may contact any members of your party. If you do not wish to receive any or all of the communications set out in this Section, please inform BBK as soon as possible by letter, e-mail or fax. BBK is entitled to assume that you do not object to any such communication unless you have indicated otherwise either at the time of giving details to BBK or subsequently. Except where expressly permitted by the Data Protection Act 1998, BBK will only deal with the personal details you supply as set out above unless you inform otherwise. You are generally entitled to request from BBK (by letter, fax or e-mail) if and how it is processing your personal details. BBK is entitled to charge a fee in responding to such a request. BBK promises to respond to any such request within 40 days of receiving this in writing and payment of the appropriate fee (if required). In certain limited circumstances BBK is entitled to refuse your request. BBK may also record or monitor telephone calls without notification for staff or training purposes.

Cancellation Conditions

If you have cause to cancel or cut short your holiday please notify our office immediately by telephone and then in writing. All reservation deposits paid to BBK are non-returnable and the hirer will be liable for the full cost of the holiday if a cancellation occurs UNLESS the booking office is notified as follows:

A: Up to 8 weeks before the start of the holiday. In which case the hirer will forfeit the deposit and booking fee only.

B: Less than 8 weeks before the start of the holiday and it is possible for KC to re-let the property. In which case the deposit will be forfeited and the booking fee plus an administration charge of £25 plus VAT. The balance will be returned to the hirer. If the property is not re-let the hirer will forfeit the full cost of the holiday. If the booking was made within 8 weeks of the start of the holiday and it is possible for BBK to re-let the property, an amount equal to the prevailing deposit rate will be forfeited and the booking fee plus an administration charge of 25 plus VAT. The balance will be returned to the hirer. If the property is not re-let the hirer will forfeit the full cost of the holiday.

C: Cancellations due to government public health measures

If you cancel your booking because UK government public health measures mean you are not allowed to travel or you are prevented from using your booking, you may choose to:

– transfer your booking to a later date free of any administration charges, subject to availability – you will have to pay any difference in price if the cost of the new booking is higher or be reimbursed the difference if the cost of the new booking is lower;

– request a voucher with a redemption value equal to the amount previously paid by you for the booking – the voucher terms and conditions will be available to you before you make your choice under this clause;

You will have to contact us in order to access these options.

It is recommended that the Hirer is covered by Personal Holiday Insurance.

The construction, validity and performance of the Booking Conditions shall be governed by the law of England and Wales, and both parties submit to the non-exclusive jurisdiction of the UK Courts.

Copyright

Copyright. Denmark House 2023. Disclaimer: These particulars, whilst believed to be accurate, are set as a guideline so should not be relied upon as a statement of fact. The photographs show aspects of the property at the time they were taken, and it should not be assumed that the property remains precisely as displayed. If there are points of particular importance that need clarifying before you book, please contact us.