FAIR TRADING TERMS
Please read this carefully. When you book your holiday with us you are entering into a contract which binds you and us in various ways. You’ll see that we have set out the booking conditions with a list of responsibilities and commitments we have towards each other.
1.Terms. The usual time of takeover is 4pm (subject to unavoidable delays). You must leave your property by the time stated on the Arrivals Information (usually 10am). You are obliged to leave everything in a clean and tidy condition. You are responsible for any damage or loss sustained during your stay. We reserve the right to correct errors in advertised prices. We will advise you of any error at the time of booking. We also reserve the right to correct errors in confirmed prices. In this case we will contact you as soon as we become aware of the error. If the correct price is higher and you do not wish to pay this, you are entitled to cancel and receive a full refund of all monies you have paid to us providing you notify us within 14 days of our advising you of the error. We promise we will not seek to correct any error in a confirmed price within 8 weeks of the start of your holiday or more than 7 days after you make your booking.
2. Booking Confirmation. A binding contract between us will come into existence when we issue a hire invoice and booking confirmation. The contract shall be deemed to have been made at our offices in York and be subject to English Law. We both agree to submit any dispute to the exclusive jurisdiction of the Court of England and Wales. In all cases these Conditions of Hire form the basis of your contract.
3. Number in your party. It is a condition of your booking that the total number in your party shall not exceed the capacity of the property as advertised in our brochures and web sites. Babies under 2 are not normally counted as a member of the party.
4. Booking monies. When you book you must pay the applicable Initial Payment. We will advise you of this at the time of your enquiry. Your Initial Payment is your Booking Deposit which is a part-payment towards the cost of your holiday. Your-Balance-of-Hire-Money is due and payable 8 weeks before the start of your holiday. For bookings made within 8 weeks of your holiday start date you must pay the full monies when you make the booking. We reserve the right to pass on to you any bank charges and other costs we incur if a payment made in a foreign currency or by any other method not normally accepted by us or if we have to re-present a cheque or process late payments. The prices quoted in our brochures and web sites are cash prices only. Where you choose to pay by credit card we will make a charge of 1.5% in respect of each payment by credit card. There is no charge for debit cards.
5. Changes by you. Once a booking has been confirmed by us to you, should you require us to amend it or to re-invoice you for any reason (including for example the loss of the original invoice) then a fee of £20 will be charged. Up to 8-weeks before the holiday start date you may change your property to another Marmadukes self catering property subject to availability and payment of the above fee and any then difference in price. You may transfer your booking to someone else/another party (introduced by you) at anytime
providing you pay the administration fee of £20 and any then outstanding balance. Note: Bookings may not be transferred to other parties after we have received notification of cancellation.
6. Cancellation by you. Telephone us immediately if you have to cancel your holiday. Then on the same day send us by first class post your Hire Invoice. Please tell us if you have paid your balance-of-hire. Your cancellation is effective from the date we receive your written notification. Your cancellation will be acknowledged by us in writing. If you cancel, you are still liable for the payment of your balance-of-hire money. We will endeavour to re-let your holiday cottage. If we are able to do so before you pay your balance-of-hire money you will only lose your booking deposit. If we are able to re-let after you have paid your balance-of-hire money, we will refund the whole or part of that money (so that you only lose your booking deposit) up to a maximum of the hire charge we receive on re-letting. All or part of your liabilities as stated above may be covered by suitable Cancellation & Personal Insurance cover if you take out any Insurance policy and if your reason for cancellation is one of those covered. We strongly suggest that you take out suitable travel insurance.
7. Minors. We cannot accept bookings from anyone under 18 years of age.
8. Linen & towels. Bed linen is provided (this may be duvets or blankets and sheets). Towels are provided.
9. Availability. Your booking is accepted on the understanding that your confirmed property will be available for your use on the agreed date. Very occasionally “force majeure” (as defined in clause 10) does not make this possible. Where “force majeure” (as defined in clause 10) arises, we have the right to cancel your booking. In this event, we will endeavour to offer you an alternative Marmadukes property, if available. If we cannot do so, or if you do not wish to accept the alternative we offer, we will refund all monies you have paid to us in full. Where any cancellation or change results from “force majeure” (as defined in clause 10), our liabilities are limited to offering you an alternative property (where available) or a full refund as set out above. We regret we cannot pay any compensation or meet any expenses or costs you may incur as a result of any such cancellation or change. We have the right to refuse to hand over accommodation to any person(s) who, in our reasonable opinion, is not suitable to take charge of it. In such cases, all hire charges paid shall berefunded in full, the contract shall be terminated and we will have no further liability. If in the reasonable opinion of ourselves, any person(s) is not suitable to continue the holiday because of unreasonable behaviour, damage to property or danger or significant annoyance to others, the contract may be terminated, in which case we will have no further liability. In this event, you will remain liable to pay the hire price and no refund shall be due. Damage to property. You shall also be liable for any damage caused in the property during the period of hire. We have the right to enter any accommodation (without prior notice if this is not practical or possible) if special circumstances or emergencies arise (for example if repairs need to be carried out).
Group/Party bookings. The organiser or leader of a group or party booking is responsible for informing us of the party details at the time the booking is made. Should you arrive at your property with such a group without notifying us of the required details, we have the right to refuse to hand over the accommodation to you. You may be asked to pay a security deposit at time of take-over.
Single-sex group bookings.We cater primarily for family holidays – and single-sex groups and/or younger parties may not be permitted. Where this is the case, you will be informed at the time of booking and the restriction will be confirmed to you on your Booking Confirmation.
Security Deposit. At some of our properties, restricted groups (single-sex groups or younger parties) may be accepted on the condition that a security deposit is paid at the time of take-over. For certain properties we reserve the right to ask all parties to pay over a security deposit. Where a security deposit is payable you will be informed at the time of booking and the deposit (and the amount payable) will be confirmed to you on your Booking Confirmation.
Wheelchair/disabled persons. Where access to or the layout/particular features of any property makes it unsuitable for visitors with mobility difficulties, we have made every effort to ensure that our brochures and websites make this clear. To ensure that accommodation booked is suitable for visitors with a disability, it is essential that all booking applications from parties including people with special needs give us written details of those needs. We also require confirmation as to whether or not the disabled visitor will be accompanied on their holiday by an individual able to attend to their requirements.
10. Force majeure. We cannot accept responsibility or pay any compensation where the performance or prompt performance of our contract with you is prevented or affected by reason of circumstances which amount to “force majeure”. Circumstances amounting to “force majeure” include any event which we could not, even with all due care, foresee or avoid. Such circumstances include the destruction or damage of the property (which cannot reasonably be remedied to a satisfactory standard before the start of your holiday) through fire, flood, explosion, storm or other weather damage, break-in, criminal damage or any similar event beyond our control. Such circumstances also include riots or civil strife, industrial action, natural or nuclear disaster, fire, adverse weather conditions, war or threat of war, actual or threatened terrorist activity and all similar situations beyond our control.
11. Your pet. We accept two well behaved dogs in each of our properties. We charge £35 per dog, per week or part thereof. You must tell us if you are bringing your pet when you make your booking. You must bring your pet basket with you as pets are only allowed on the clear understanding that in no circumstances must they lie on the bedding or chairs. Pets must not be left unattended in properties, or elsewhere. Pets other than dogs can only be accepted with our prior written approval. In the interest of visitor safety, and following government legislation, we are unable to accept the following types of dog: American Pit Bull Terrier, Japanese Tosa, Fila Brasileiro and
Dogo Argentino even when these types of dog are muzzled as required by government legislation.
12. Guide dogs. Registered Guide Dogs will be accepted free of charge in all our properties, subject to availability of suitable accommodation.
13. Your vehicles. Your vehicles and accessories and contents are left entirely at your risk. We will not be responsible for any loss or damage from or to any vehicle other than the proven negligence of ourselves, employees and/oragents.
14. Liability. Except where otherwise specified in these Conditions of Hire we cannot accept liability for any damage, expense, injury, death or loss of any nature whatsoever suffered by any person(s) from any cause whatsoever other than the proven negligence of ourselves, employees and/or agents. This does not attempt to exclude negligence or breach of statutory duty.
15. Any shortcomings. You must notify us of any shortcomings with your property immediately so that remedial action, if appropriate, can be taken. If a significant problem is not resolved to your satisfaction, please contact us as soon as possible during your holiday. For all complaints and claims which do not include illness, injury or death, we regret that we cannot accept any liability if you fail to notify us of any complaint or claim during your holiday and write to us within 28 days of the end of your holiday.
16. Personal holiday insurance. You are strongly recommended to take out an insurance policy to cover you and your family whilst you are on holiday in the UK.
17. Data Protection Policy. In order to process your booking and to ensure that your holiday arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass on the information to members of our staff and other parties who are responsible for preparing and making available your accommodation. The information may also be provided to security and credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. We will not however, pass any information onto any person not responsible for part of your accommodation or travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information on to the relevant suppliers, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) Your data controller is Marmadukes. You are entitled to a copy of your information held by us. If you would like to see this please contact us. We will hold your information, where collected by us, and may use it to inform you of offers in the future or to send you brochures. If you do not wish to receive such approaches in the future, please write to us. We may also provide your details to selected third parties for similar purposes. If you do not wish to receive such approaches in the future, please write to us.
18. Declaration. I declare that I am over 18 years of age. I agree to be held responsible for the balance-of-hire terms which become due and payable at the place and on the date detailed on my hire invoice. I agree to be bound by these Conditions of Hire.
The Coach House by Marmadukes
Administration Centre
No 1 Peckett’s Loft
Lady Pecketts Yard
York
North Yorkshire
YO1 9US
Tel: +44 (0) 845 4 60 20 20
mail@marmadukescoachhouse.co.uk
www.marmadukescoachhouse.co.uk