Booking terms and conditions
Herberts arranges short term holiday rentals of Properties as agents of the Owners of the Properties. The Contract for the letting of the property is between the Owners of the Property and the Client. The terms of these conditions will however apply to the contract with the Owner and are issued by Herberts on its behalf and on behalf of the Owner. Any issues arising under the Contract should be addressed to Herberts as agents of the Owner. Herberts acts on behalf of the Owners but is not liable for any acts or omissions of the Owner. The Contract will be entered into and becomes legally binding when Herberts issues the confirmation form (in the capacity of agent) and the contract is at all times subject to all the Booking Conditions. The Client should check the confirmation form carefully and notify Herberts immediately in case of any discrepancy or mistake.
A deposit of one third of the rental fee is payable immediately upon the making of the booking, if the booking is made more than 8 weeks before the start of the rental. The balance shall be payable 8 weeks before the commencement of the rental. The booking will not be confirmed until the deposit is received. Nonpayment of the balance of the rent on or before the due date shall be construed as a cancellation of the contract by the Client. For bookings made less than 8 weeks before the commencement of the rental the total fee is payable. For bookings made less than 3 weeks before the commencement of the rental, no cheques can be accepted, and payment should be made in cleared funds ie. by credit card. All payments shall be made to Herberts at the address on the Booking Form.
Any cancellation made by the Client for whatever reason shall be in writing and addressed to Herberts at the address on the Booking Form. Herberts will accept notice of cancellation on behalf of the Owner. On receipt of notice of cancellation, Herberts will use its reasonable endeavours to seek to re-let the property for the period of the booking. If Herberts succeeds in re-letting the property for the whole period it shall refund all the monies paid less an administrative charge of £23.50 (inc VAT) per booking. If Herberts only succeeds in reletting the property for part of the period booked it shall refund an amount equal to the money paid by the Client less (1) the rental for the period which is not re-let and (2) an administrative charge of £23.50 (inc VAT). If Herberts is unable to re-let the property at all then all monies paid by the Client shall be forfeit to Herberts. Should a cancellation be made which does not qualify under the terms of the Cancellation Insurance the Client remains liable for payment in full for any monies paid in accordance with the Booking conditions.
4. CHANGES OF DATE
Herberts may consider a request from a Client to change the dates of the booking after confirmation has been issued. Agreement will be given subject to all of the following conditions being met: if (1) the property is available for the period requested and the property Owner agrees to the change; (2) the request is received more than 8 weeks prior to the commencement of the rental; and (3) the Client pays an administration fee of £23.50 (inc VAT) and any additional sums due in respect of any higher prices for the relevant period.
VAT is included in the rental fee where applicable.
6. PERIOD OF HIRE
Rentals commence, unless otherwise notified, at 4.00 pm on the day of arrival and terminate at 10.00 am on the day of departure. Notice will be given in writing once the booking has been paid in full, if the extended stay on departure dates will apply.
7. USE OF PROPERTY
The number of persons occupying a property must not exceed the maximum number stipulated in the brochure. The property shall be used for personal and domestic purposes only. The property shall not be used for any commercial purposes without the written consent of Herberts on behalf of the Owner. Herberts on behalf of itself and the Owner reserves the right to refuse entry to the entire party if this condition is not observed, and generally in the case of any breach of these Booking Conditions by the Client where either Herberts or the Owners consider such exclusion is reasonable.
Herberts on behalf of itself and the Owner reserves the right to refuse bookings from a) groups of single sex people under the age of 21 and/or b) hen or stag parties.
Should there be any cause for complaint during the occupation of the property it must be notified promptly to Herberts or their agents and in case of serious problems confirmed in writing.
10. BREAKAGES OR DAMAGE
The Client is legally bound to reimburse Herberts and the Owners for replacement, repair or extra cleaning costs incurred as a direct result of the Client’s use of the Property on demand.
11. CARE OF THE PROPERTY
The Client shall take all reasonable and proper care of the property and its furniture, pictures, fittings and effects in or on the property and leave them in the same state of repair and condition and in the same clean and tidy condition at the end of the rental period as at the beginning. The Client shall abide by all instructions with regard to the use of the property and its fixtures and fittings as notified to the Client by the Owner.
Sorry no pets allowed
13.1 Notwithstanding the fact that Herberts has no liability to the Client in respect of the Property, the supply of which is made by the Owner in relation to such supply, the following provisions set out the entire liability of Herberts (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of: (1) any breach of these Booking Conditions; and (2) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Contract.
13.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
13.3 Nothing in the Contract excludes or limits the liability of Herberts for death or personal injury caused by Herberts negligence or fraudulent misrepresentation.
13.4 Subject to clauses 13.2 and 13.3: (1) Herberts total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance of the Contract shall be limited to a sum equal to three times the rental fee; and (2) Herberts shall not be liable to the Client for any type of indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howeverso caused) which arise out of or in connection with the Contract. Save for any rights under these Conditions and the Contract which may be exercised by the Owner, no term of the Contract is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract. Without prejudice to the foregoing, if the property which the Client has booked becomes unavailable or unuseable for some reason prior to the date of booking, then Herberts obligation will be to (1) use their best endeavour to find a suitable alternative property, or failing which (2) to reimburse the Client for any monies paid. Notwithstanding any other provision of this Contract, neither Herberts nor the Owner shall jointly or individually be deemed to be in breach of this Contract or otherwise be liable to the Client, for any delay in performance or the non-performance of any of their respective obligations under this Contract, to the extent that the delay or non-performance is due to any act or circumstance beyond their reasonable control, and the time for performance of that obligation shall be extended accordingly. Force Majeure, of the nature of which this clause is intended to cover, includes without limitation fire, flood, exceptional weather conditions, epidemics, destruction and damage of the Property by any cause other than negligence of the Owner or Herberts, and all similar situations. No compensation, costs, expenses or other sums of any description (including without limitation the cost of securing an alternative property/accommodation) will be payable in such circumstances by either the Owner or Herberts to the Client.
Herberts does not warrant and is not responsible for the accuracy of any verbal information given or statements made by its employees, agents or the owners of the properties.
15. RIGHT OF ENTRY
Herberts shall be allowed on behalf of itself and the Owner the right of entry to the property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance.
16. COMMUNICATING WITH THE CLIENT
For the purposes of the Data Protection Act 1998, Herberts is the sole data controller of all personal data provided to Herberts by clients and prospective clients. In order to process a booking Herberts needs to collect certain personal data details from the Client, for example names and addresses of party members, credit/debit card or other payment details, special requirements, such as those relating to a disability or medical condition which may affect any party member’s holiday arrangements. If Herberts needs any other personal details the Client will be told before they are obtained. Herberts needs to pass these details on to other parties and organizations who need to know them so that the holiday rental can be provided - for example, the property Owner(s) and any key holder(s) of such property, the credit/debit card Company or bank, the insurance Company if the Company’s recommended cancellation insurance policy is purchased or for verification of details relating to your holiday rental. Herberts also needs to process and store Clients’ personal details for its own administration, market analyses and operational reviews. Herberts would also like to store and use personal details for future marketing purposes (for example, sending brochures, details of promotions, or offers which Herberts feels may be of interest). All details given to Herberts at any time will be kept, but only names, contact details and the booking preferences will be used for marketing purposes unless the Client is informed otherwise when the information is provided. Herberts will respect the privacy of personal data and will comply with all relevant and current data protection legislation. Without written consent Herberts will not make its mailing list or Clients' personal data available for marketing purposes to anyone other than Herberts or the Owner of the property and unless required to do so by a Court of Competent jurisdiction will not disclose personal data to anyone. Herberts can however supply promotional offers from third parties.
Herberts take the safety of its guests very seriously. Therefore we ask that guests who stay in our properties take a few moments to think about their safety at the cottage. In particular:
1. Check the layout of the holiday cottage, so that in an emergency you can get out quickly and easily.
2. Check the locations of the fire extinguishers and fire blanket and read the instructions for use.
3. Check the location of the first aid box.
4. Look out for glass patio doors or glazed interior doors.
5. If there is water in the garden, ensure your children are properly supervised. Look out for any steep drops in the garden.
Take special note of the following:
Gas boilers, by law, have to be installed and maintained by a CORGI registered engineer, and the housekeeper or Herberts will be able to provide a copy of the service certificate on request. If you have any doubts about the efficient operation of any gas appliance in your property, please alert Herberts or the housekeeper immediately.
Gas cookers: As you would at home, please ensure that gas cookers are turned off after use and, in particular, check this before you go to bed.
If you have any concerns about the safety of the property, whether it be the garden, equipment or facilities, please contact Herberts immediately. We want you to have a safe and happy holiday - a few minutes to follow some simple precautions could make the difference between a holiday enjoyed and a holiday spoiled.
COTTAGES WITH CHARACTER
Many of Herberts cottages are period properties and were built long before the days of damp proof courses and cavity wall insulation, so some properties may show signs of damp. Please bear this in mind if you are planning to take an elderly person or very young children on your holiday. Also, please remember that should traditional cottage features (steep stairs, low beams, uneven floors) be a problem for any member of your party, you must mention this when you call to book.
We will do everything we can to help those in your party with special requirements by recommending cottages that are especially suitable - just let us know at the time of booking. Many of our properties are over 100 years old and some are listed. Consequently the structure and fittings will not necessarily have current safety and design features and many lack facilities such as ramps for wheelchairs. Some properties may not be childproof and may have steep approaches or internal staircases. Therefore, we would strongly advise you to discuss any particular needs that you may have with our sales staff prior to booking.
Properties in rural locations can experience some animal noise and occasionally noise from grass cutting or other farm machinery or activities. Some properties are situated on non-surfaced roads/tracks. Flora and fauna: in rural areas, insects and other pests are fairly common and not necessarily an indication of poor housekeeping standards. Whilst preventative action is always taken by the property owners, these pests can never be eradicated completely.
Great effort is made to maintain the highest standards of furnishing and fittings. On the very rare occasion when you may experience a shortfall in housekeeping or maintenance, please call the housekeeper or our office on 01608 650 559 during your stay so we can minimise any inconvenience, discomfort or dissatisfaction.
Please report accidental damage or breakage if and when it happens. Repairs or replacement items can then be arranged in advance of the arrival of the next guests.
Some owners may require you to pay a security deposit on arrival. If this applies to your chosen property you will be advised of the amount at the time of booking. The security deposit will be refunded at the end of your holiday rental (less any costs for breakages, damage etc if applicable).
Building Work: We should point out that we cannot be held responsible for any building or road workings which may be carried out close to the property. We will endeavour, where possible, to advise you in advance, should we become aware of any anticipated works, although these can occur at any time without prior notice.
Special Requests: Special requests may be made prior to travel and whilst we will endeavour to meet them, unfortunately this cannot be guaranteed. Under no circumstances will requests accepted by us form part of our contractual obligations and we will not have any liability if they are not met, unless this has been agreed by us in writing.
Problems During your Stay: In the rare event that you have a problem or complaint with your accommodation, please call the housekeeper as quickly as possible so that swift action can be taken. If you are unable to make contact, call our office or the emergency line should the office be closed. It is disappointing for us to receive adverse comments when guests have returned home. We do welcome the opportunity to make your holiday as comfortable and enjoyable as possible.
Withdrawal of Facilities: Please note that on rare occasions facilities may have to be temporarily withdrawn at short notice during your holiday through circumstances which are beyond our control.
1. Currency - all prices quoted are in (£) sterling per property
2. Prices Include - VAT, rental, heating, electricity, use of bed linen and towels, toiletries and a welcome basket of groceries.
3. Changes - Prices for properties may change for stays taking place after 1st November 2007.
4. Christmas - The minimum stay is 7 nights.
5. New Year - Is a minimum stay of 7 nights.
6. Easter - Is a minimum stay of 5 nights.
7. Other Bank Holidays - Minimum stay is 4 nights i.e. Friday to Monday inclusive
8. Stays for Remainder of the Year - minimum stay of 2 nights.
Booking Conditions - These can be found above, please take care to read them