BOOKING TERMS AND CONDITIONS
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 at the time that you returning your deposit payment to us for your booking.
Please ensure you have the relevant travel insurance to cover yourseles in the event that you should need it.
These terms and conditions ("Booking Conditions") apply to any reservation you make with us for holiday properties featured AT HELES LOG CABINS (each a "Booking"),
By making any Booking with us, you confirm that you accept these terms and conditions and agree to comply with them.
To make these Booking Conditions easier to read, we use a number of definitions. We refer to:
"Rental Contract" as the legally binding contract between you and the Owner for the Rental Services;
"Rental Charges" as the Booking Fee and the fees payable by you under the Rental Contract that we collect from you in relation to the Booking;
"Deposit" as the initial instalment of the Rental Charges quoted during the Booking process and payable by you when making a Booking;
"Rental Balance" as the balance of the Rental Charges payable by you after payment of the Deposit;
"Holiday Period" as the dates for which you reserve a Property;
"Booking Details" as details specific to your Booking including the Property, Holiday Period and any restrictions notified to you during the Booking process;
"Guests" as holidaymakers other than you that are booked to stay at the Property during the Holiday Period under your Booking.
Every time you wish to use the Booking Services, please check these Booking Conditions to ensure you understand the terms and conditions which will apply at that time. Your attention is drawn in particular to the sections headed Our liability and Owners' liability. These Booking Conditions were most recently updated on the date that appears at the top of this page.
If you have any queries or concerns regarding these Booking Conditions, please contact us using the details set out in the Contact Us section below.
Making a Booking
A Deposit of 15% is required at the time of booking to secure dates.
Full balance is due 4 weeks prior to holiday period.
If holiday period date falls within this 4 week period, The full balance is due at the time of booking.
All bookings have a 24 hour cooling off perioid. after this time the deposit becomes non refundable.
To be eligible to make a Booking and enter into a Rental Contract you must:
Be 18 years of age or over and have the legal capacity to enter into legally binding agreements;
You must give the following information, providing your real name, phone number, email address and other requested information; and Possess a valid payment method. Such as BACS transfer or paypal or Card.
You may make a Booking directly using our site or by contacting us by telephone or by email.
If you provide your Booking details to us by email, we will send to you a link to the payment Site so that you can make a Booking and pay us online.
The contract between you and us at Heles Log Cabins.
By making a Booking with us you are making an offer to:
Receive our Booking Service and make payment to us (at the relevant time) in respect of the Rental Services;
Pay us all amounts due in respect of the Deposit and Rental Charges.
The following steps have to take place before a contract is made between us for the provision of the Booking Services and between you and us, for the provision of Rental Services under a Rental Contract:
Before submitting your Booking, the Booking process will give you the opportunity to review your Booking, these Booking Conditions and the Booking Details for your chosen Property and, if you require, make amendments to your Booking.
For telephone bookings we will read you details of your Booking and Booking Conditions for your confirmation. You may make any required amendments at this point. We will then request your payment details and we will process your payment in respect of your Booking;
You will receive an acknowledgement of your Booking and a receipt for your payment by email at the address you provided. For telephone bookings we will verbally confirm your booking reference and will send you a receipt for your payment by email at the address you provided;
We check the availability of the Property relating to your Booking and, provided we have successfully processed your payment, we will send you an email confirming your Booking together with a copy of these Booking Conditions and other details relating to your Booking ("Booking Confirmation");
A) your offer to receive our Booking Services;
B) your agreement to pay us all sums due (at the relevant time) in respect of the Rental Charges (including the Deposit);
C) your offer to enter into the Rental Contract,
When we accept payment for all or any part of the Rental Charges, you will no longer owe a debt to us for the associated amount.
Fees, charges and payment
The fees and charges will be as quoted are quoted in pounds sterling.
A Deposit of 15% is required at the time of booking to secure dates.
Full balance is due 4 weeks prior to stay. If booking falls within this period full balance is due at the time of booking.
All Rental Charges and all other fees and charges quoted exclude VAT.
Before submitting your Booking you will be presented with details of the total Rental Charges payable for your Booking together with details of the following amounts payable to us at the time of your Booking:
The Deposit and, if the date the Rental Balance would normally fall due for that Booking has already passed, the Rental Balance too; and
If you are paying a Deposit rather than the entire Rental 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 Rental Balance. Please note, we may (but are not obliged to) contact you to remind you of the due date for payment of the Rental Balance.
Please refer to our Payment Methods page for details of the payment cards and other methods of payment that we currently accept.
If the Rental Balance or any other additional payments are due after you make your Booking, 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 from you using your original payment method. Alternatively, we can issue an invoice with a DUE date for you.
Payment currencies, interest and credit card surcharges
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of four percent (4%) a year above the base lending rate of the Bank of England from time to time. 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
Your right to cancel or transfer a Booking
Please check all the details in your Booking Confirmation promptly after receiving the confirmation and notify as soon as possible if you think we have made any mistakes or errors with your Booking.
Please contact us directly using the contact details in the Contact Us section if you would like to amend your Booking. If an Owner agrees to amend the Booking, additional charges including additional Rental Charges and/or an administration fee may also be payable to cover our costs of making the amendment. This does not affect your legal rights.
After you receive your Booking Confirmation:
You will not be entitled to cancel the Booking Services for a particular Booking and obtain a refund as we will already have completed the provision of the Booking Services for that Booking; and
You will not have a legal right to cancel the Rental Contract as the Rental Services provided under it are accommodation and leisure services for which the contract provides a specific period of performance. You may, however, end the Rental Contract in accordance with the section Your right to end a Rental Contract.
You may not transfer your Rental 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 Conditions and your Guests' compliance with them. Please see further paragraph.
Cancellations of your Booking by us
We may cancel your Booking if:
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); - A Full refund will be given.
An Owner may cancel your Booking due to circumstances or events outside their reasonable control. A Full refund will be given.
If we cancel a Booking in accordance with this paragraph, 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 liable for any costs associated with arranging alternative accommodation and such alternative may be subject to the payment of additional charges by you if the Rental Charges for the alternative are higher than those under the cancelled Booking; and/or
*A deposit refund can be given if requested if you change your mind about a booking during the 7 day cooling off period.
* A deposit will not be refunded and is non returnable after the 7 day cooling off period.
*A refund of 50% of full balance received can be given up to 45 days prior to any stay.
Other than stated above, refunds will not be given for bookings made within 4 weeks of stay.
a CHANGE OF DATES can be used at any time. However terms and conditions will be applicable from the date of the original booking and Prices may increase in line with new dates or differening seasons .
The maximum Holiday Period for any Booking is generally 28 consecutive days, subject to availability. However, certain Properties may have a shorter maximum Holiday Period.
If a Property requires a minimum Holiday Period or has a maximum Holiday Period shorter than 28 days, this will be clearly stated on the relevant Property description page on our Site.
You must make sure that all the information you provide to us in connection with your Booking is true, accurate, current and complete. If any of your details change (e.g. Email address, postal address), you must promptly update your details.
You accept financial responsibility for all transactions made under your name or account.
You promise to us and to each Owner that during the Holiday Period:
That the number of people and pets occupying the Property will not exceed the number stated on in your Booking Confirmation;
That the Property will be used solely for the purpose of a holiday by you and your Guests;
That you will (and ensure that your Guests will) show all due consideration and respect for any Owners and their representatives and neighbours or other persons or parties that have a connection with the Property. This includes refraining from abusing your stewardship of the Property or dangerous, offensive, violent or anti-social behaviour towards such persons or parties;
That you will (and ensure that your Guests will) use the Property and Rental Services lawfully, will not abuse 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;
To allow the Owner or his representative to access the Property at any reasonable time during the Holiday Period provided the Owner provides reasonable advance notice (except in emergencies);
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 Period and to ensure that at the end of that period the Property is left in the same state of order and cleanliness in which it was found. The Owner may make an additional, reasonable charge for professional cleaning after your and your Guests' occupancy as may be required to return the Property to its original state of cleanliness and tidiness;
To report as soon as possible to the Owner (or his 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 collect such payments on the Owner's behalf;
To arrive after 2 p.m. On the arrival day and to vacate the Property by 10 a.m. On the day of departure unless you have selected alternative check-in and check-out dates during the Booking process (as detailed in your Booking Confirmation) or agreed otherwise with the Owner;
Not to 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; and
To notify all Guests before the Holiday Period starts of your and their obligations under this paragraph
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.
It is your responsibility to ensure 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.
In the event that you or any Guest fails to comply with the requirements set out above in paragraph
the Owner (or their representative) can 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 the provision set out in the Owners' right to end a Rental Contract section will apply.
The Owner will:
Perform the Rental Services using reasonable care and skill;
As soon as possible, notify 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;
Ensure that the Property is vacant and that you and your Guests have exclusive access to the Property and Rental Services for the full period of the Holiday Period;
Ensure that suitable arrangements are in place for you to collect and return the keys/access cards for the Property;
Not make any use of the Property (including conducting any viewings of the Property) during the Holiday Period;
Show all due consideration and respect to you and your Guests including refraining from any dangerous, offensive, violent or anti-social behaviour towards you and your Guests;
Will ensure that the Owner, the Property and the Rental Services comply with all applicable laws and regulations during the Holiday Period;
Comply with the terms of the Rental Contract and act in good faith at all times;
Respond to queries, complaints and problems which arise during or after the Holiday Period and use its best efforts to resolve them; and
Promises the Owner makes to you about the Property and Rental Services
The Owner promises to you that:
It has the right to provide the Rental Services and enter into the Rental Contract with you
The Owner will maintain, at the Owner's expense and with a reputable insurance company, policies to meet the Owner's liabilities under the Rental Contract with you;
The Property and the Owner will comply with all applicable laws and regulations, in particular, relating to fire, health, safety and planning and data protection; and
The Property is properly maintained, clean, tidy and in good repair at the start of the Holiday Period.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Booking Services including the right to receive services supplied with reasonable skill and care.
To the fullest extent permissible under applicable law, we disclaim any and all other promises, warranties, conditions, or representations relating to the Booking Service, whether express, implied, oral or written. In particular, we do not make any promises about:
The availability of the Booking Services or the Site or that they will be provided uninterrupted or error or virus-free;
Errors or inaccuracies in any documentation supplied by Owners or their representatives, including any documentation that appears on the Site; or
The quality, suitability or performance of the Rental Services, the Property or the Owner. You understand that we may not have conducted any checks on Owners or their Properties and the inclusion or offering for sale of Rental Services does not constitute an express or implied endorsement or recommendation by us of such services. We do not guarantee the accuracy of, and disclaim liability for any inaccuracies relating to the Rental Services offered for sale through us. We shall not be liable for any damages arising as a result of any inaccurate information or errors on our Site which relate to information about Property or Rental Services. We shall not be liable to you for any losses in the event of Owners overbooking, cancelling bookings in full or in part or due to circumstances or events beyond our or their control.
We do not authorise anyone to make any promises on our behalf.
We will not be responsible or liable:
For Owners' performance of their obligations under any Rental Contracts with you or any actions and/or omissions by them (or their nominated representatives) in relation to the Property or Rental Services that you book using the Booking Service; or
For any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption.
You acknowledge that personal belongings and vehicles (together with their contents) belonging to you and your Guests are left at the Property entirely at your and their own risk. We accept no liability to you for any loss, damage or injury to you or your Guests, or your or their personal property during the Holiday Period, except to the extent such loss, damage or injury is caused by our negligence.
If either we or you fail to comply with these Booking Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Booking Conditions. Losses are foreseeable where they were contemplated by you and us at the time we accept a Booking made by you.
Owners do not exclude or limit in any way their liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Rental Services including the right to receive the Rental Services supplied with reasonable skill and care.
If either you or an Owner fail to comply with the terms of the Rental Contract, including these Booking Conditions, neither you nor the Owner shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with those terms. Losses are foreseeable where they were contemplated by you and the Owner at the time we accept a Booking made by you.
Your rights as a consumer
Owners are under a legal duty to supply services that are in conformity with our respective contracts with you. You have certain legal rights as a consumer under the law and nothing in these Booking Conditions affects your 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.
Your right to end a Rental Contract
You may immediately end a Rental Contract:
If we or an Owner have told you about an 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 Rental Charges due to changes in the applicable exchange rate and you notify us that you do not wish to proceed.
Nothing in this paragraph 21 affects or reduces your legal rights as a consumer.
Owners' right to end a Rental Contract
An Owner may immediately terminate their Rental Contract with you if:
You and your Guests do not comply with the obligations set out
You do not comply with the applicable rules on pets
If you fail to pay any housekeeping bond on the date that payment of the bond is due; or
Circumstances or events outside the Owner's reasonable control prevent or are likely to prevent you and your Guests from staying at the Property for the Holiday Period or the Owner from complying with any other of its obligations under the Rental Contract.
Consequences of the Rental Contract ending
If you end the Rental Contract for the reasons mentioned in paragraph above we will refund to you the Deposit and any other amounts paid by you in accordance to our refund policy for the Booking within 14 days of the date you notify us that you wish to end the Rental Contract.
If the Rental Contract ends during 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 the reasons for doing so; and
Return the keys/access cards to the location instructed by the Owner.
Nothing in this paragraph affects or reduces your legal rights as a consumer.
If you have any complaint about the Booking Services, Rental Services or the Property please contact us by telephone or in person.
If you wish to make any complaint and/or are dissatisfied with the response to any direct complaint, please contact us as soon as possible (and in any event within 7 days of the end of the Holiday Period for the relevant Booking) with full details of your complaint
We will use our reasonable endeavours to liaise with you to attempt to resolve your unresolved complaints.
Nothing in this Complaints section will affect your legal rights or any right you may have to bring legal proceedings against an Owner under a Rental Contract.
Other important terms
Written Communications. You agree to receive communications from us and Owners electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.
Language. These Booking Conditions may be presented to you in more than one language. However, the English language version of these Booking Conditions shall prevail. Any contracts made under these Booking Conditions will be concluded in English.
Our reliance on these Booking Conditions. We intend to rely on these written Booking Conditions and any document expressly referred to in them in relation to the subject matter of any contract made under them. You and each Owner will be legally bound by these Booking Conditions.
References to 'including' and other similar expressions. In these Booking Conditions, words that appear after the expression 'include', 'including', 'other', 'for example', 'such as' or 'in particular' (or any similar expression) will not limit the meaning of the words appearing before such expression.
We may transfer this contract to someone else. We may transfer our rights and obligations under these Booking Conditions to another organisation. We will contact you to let you know if this is planned. If you are unhappy with the transfer you may contact us to end the relevant contract within 14 days of us telling you about it and we or they will refund you any payments you have made in advance for services that have not been provided.
Events or circumstances beyond our or an Owner's reasonable control. If we prevented or delayed from complying with any obligations under these Booking Conditions by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control, the inability or delay in performing those obligations will not be treated as a breach of the terms of these Booking Conditions. Examples of such events or circumstances include fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under a contract made under these Booking Conditions to another person if we agree to this in writing.
Nobody else has any rights under these Booking Conditions or the Contract. Each contract for the provision of the Booking Services is between you and us. Each Rental Contract is between the relevant you and the relevant Owner. No other person shall have any rights to enforce any of the terms of each respective contract. The party to a contract made under these Booking Conditions will not need to get the agreement of any other person in order to end that contract or make any changes to these Booking Conditions.
If a court finds part of these Booking Conditions or any contract to which they apply illegal, the rest will continue in force. Each of the paragraphs of these Booking Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay enforcing a contract made under these Booking Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we delay in taking steps against you in respect of you breaking a contract made under them, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and an Owner does not chase you but continues to provide the Rental Services, they can still require you to make the payment at a later date.
Which laws apply to these Booking Conditions and any Contract between us and where you may bring legal proceedings. These Booking Conditions and any contracts made under them are governed by English law and you can bring legal proceedings in respect of any such contracts in the English courts. If you live in Scotland you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the Northern Irish or the English courts. If you live in the Republic of Ireland you can bring legal proceedings in respect of any contracts made under these Booking Conditions in either the courts of the Republic of Ireland or the English courts. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we or an Owner has handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to the IDRS (part of the Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/idrs/. IDRS will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Our correspondence address is: Woodside Farm, Bettws Cedewain, Newtown, Powys United Kingdom SY16 3DX
Email address: email@example.com Telephone number: 07546260074