These terms and conditions, together with any property specific terms and conditions set out on our website or in our marketing material for your chosen accommodation (Accommodation Specific Terms), are the terms and conditions on which we will accept your booking for holiday rental of the Accommodation on behalf of its owner (Terms and Conditions).
Please read these and any Accommodation Specific Terms carefully before making your booking. By making a booking you and all members of your party are agreeing to be bound by the Terms and Conditions.
1. In these Terms and Conditions:
Accommodation means the holiday accommodation you are booking via us as shown in the booking confirmation.
Accommodation Price means the price for the Accommodation only.
Contract means the contract between you and the Owner for the rental of the Accommodation on the Terms and Conditions.
Holiday Price means the total price payable for your holiday rental including the Accommodation Price and any additional costs and charges (such as for towel and linen hire and other services you have chosen) but excluding the security deposit.
Owner means the owner of the Accommodation.
We, us, our means Daniel Jones trading as Places to Stay in Whitstable of Gulliver House, Newton Road, Tankerton, Whitstable, Kent CT5 2JD.
You, your means all members of the party renting the Accommodation who may be named in the booking confirmation, including anyone who is added or substituted at a later date.
2. The Contract
We act solely as a booking agent for the owners of the holiday accommodation we offer, arranging bookings and reservations on their behalf. When your booking is accepted, the Contract for the Accommodation is made directly between you and the Owner of the Accommodation.
Because we are acting as an agent for the Owner, the Contract is not between you and us. We have no liability to you under the Contract or for the acts or omission of the Owner or any other third party.
3. Making your Booking
The person making the booking (Applicant) must be at least 21 years old at the time of booking. The Applicant is responsible for ensuring that all members of the party have read and agree to the Terms and Conditions and has obtained their authorisation to book the Accommodation on the Terms and Conditions on their behalf. The Applicant is responsible for making all payments due to us.
All bookings are subject to availability. By submitting your booking and paying any money due, you are making an offer to book the Accommodation which we or the Owner are free to accept or decline at our discretion. We will acknowledge your booking on receipt but this does not mean it has been accepted. If we accept your booking we will send you a written booking confirmation by e-mail or letter, which is when the Contract will be formed.
If we do not accept your booking for any reason we will advise you in writing and will return any money which you have paid to us as soon as reasonably possible.
The Applicant must check the details on the booking confirmation carefully and inform us of any mistakes or changes. Most communication will be by e-mail and the Applicant is responsible for checking their e-mails on a regular basis and must inform us of any changes to their e-mail address.
4. Price, Deposit and Payment
The price of the Accommodation shall be as shown on the booking confirmation. VAT, where applicable, is included. If VAT rates change, we reserve the right to amend the price accordingly. Every booking is subject to a non-refundable booking fee which covers our administrative costs. This is normally £12.50 but we reserve the right to amend the price without notice.
If a booking is made more than six weeks (42 days) before the start of your holiday rental, a non-refundable deposit of 30% of the total Accommodation Price is payable to us when you make your booking. The balance, including the security deposit and any additional costs and charges (including linen/towel hire if applicable), is payable six weeks before your arrival. If you book within six weeks of arrival, full payment must be made to us with your booking.
If the balance is not paid on or before the due date we shall be entitled to assume you have cancelled your booking and you shall be subject to cancellation charges as set out in clause 5. We will use reasonable efforts to remind you of any payments that are due, but shall not be liable if you fail to make a payment and your booking is cancelled for whatever reason. Please keep a regular check on your emails.
Payment can be made by credit or debit card either online through our secure checkout process or by phone. Credit card payments are subject to a surcharge of 2.9% per card transaction. This is the amount that Places to stay in Whitstable is charged for processing these transactions. Payments made by American Express may be subject to a higher charge.
We reserve the right to pass on any bank charges and other costs if payment is made in a foreign currency.
5. Cancellation or changes to your booking made by you
If you wish to cancel your booking you should inform us immediately by telephone and/or email. We will then try to re-let the Accommodation.
Cancellations at any time are subject to a minimum cancellation charge of 30% of the total Holiday Price as well as the booking fee. If you cancel your booking six weeks or less before arrival, and unless we are successful in re-letting the Accommodation, you are liable to pay a cancellation charge equal to 100% of the total Holiday Price. If we are successful in re-letting the Accommodation for the whole or any part of your rental period, we will reduce the cancellation charge by the amount we receive under the replacement booking, subject to your paying the minimum 30% cancellation charge and less an administration fee of £50. Credit/debit card surcharges, re-arrangement and administration fees are not refundable.
Depending on how much you have already paid, you may have to make an additional payment to cover the cancellation charge.
If you wish to make any changes to your booking after you have received the booking confirmation, please contact us as soon as possible. Any changes are subject to availability and are made at the complete discretion of the Owner. If we do accept a change you will be liable to pay us a re-arrangement fee of £25. The Accommodation Price may change if you wish to change the dates of your booking. A change may have to be treated as cancelling your original booking and making a new one, in which case cancellation charges shall apply. Please note that we cannot re-arrange your holiday less than six weeks before its start date.
Cancellations are rare but we urge you to protect yourselves with appropriate cancellation insurance cover. This can cost as little as £8.50; details can be found at www.cancellationplan.com or from many other insurance companies and brokers (just search the internet). A suitable insurance policy can cover your booking costs and has lots of other benefits if you need to cancel your holiday.
6. Cancellation or changes to your booking made by the Owner
Whilst the Owner does not expect to have to cancel or make any changes to your booking once it has been confirmed, they reserve the right to do so if your accommodation is unavailable for any reason. If this occurs, you shall have no claim against us and the Owner's liability is strictly limited to refunding any money you have paid. Neither we nor the Owner shall be liable for any compensation or any other costs or losses incurred by you as a result of such cancellation or change.
If a cancellation or change needs to be made we will inform you as soon as we can. If the change is significant and is unacceptable to you, we will try to find you similar alternative accommodation from amongst the properties we represent. If this is not possible, or the alternative is unacceptable to you, the Owner will refund any monies you have paid. The Applicant must let us know by telephone or email how you want to proceed as soon as reasonably possible.
The Owner reserves the right to alter or withdraw amenities or facilities that were previously available and advertised on our website, in our brochures or in other forms of advertising and marketing without prior notice.
The Contract may be terminated if in our reasonable opinion or in the reasonable opinion of the Owner you or any of your guests behaves or is likely to behave unreasonably, cause damage to the Accommodation or pose a danger, nuisance or annoyance to others. In this case neither we nor the Owner shall have any liability to you and no refund will be given.
7. Accommodation Details
We try to make sure that the information given on our website and in our marketing material properly represents the Accommodation, its facilities and any services which are available to you. However, changes do occur as owners upgrade or make alterations, local amenities change, or unforeseen problems mean that facilities or services are temporarily unavailable. We accept no liability for any changes to local amenities. We accept no liability for any loss or inconvenience caused by the provision of inaccurate or misleading information about the Accommodation, its facilities and services other than that caused by our own negligence.
8. Liability
The Owner's liability to you in respect of any loss or damage you suffer in connection with the Contract is limited to those losses which are a reasonably foreseeable consequence of the Owner's breach or failure to perform.
Because we are acting as an agent for the Owner, we shall not be liable to you under the Contract, for the acts or omissions of the Owner or for the Accommodation. If we have any duty to you in respect of the service we provide, our liability shall be limited to the commission we earn in respect of your booking and any reasonably foreseeable loss you suffer as a result of our failure.
Neither we nor the Owner will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you that is caused by events outside our reasonable control.
Nothing in the Terms and Conditions limits our or the Owner's liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9. Your Holiday Rental
The owner permits you to occupy the Accommodation for the rental period shown in the booking confirmation (as amended by us from time to time in accordance with the Terms and Conditions) and to use its contents.
Accommodation is only for the number of guests booked and exceeding this number is a breach of contract, upon which the Owner has the right to retain all monies paid and terminate the booking.
The holiday accommodation must not be used for any other purpose except for as a private holiday occupation.
You are responsible for the safety of yourselves and any children in your party whilst staying in the Accommodation.
10. Rental Period
All holiday lets start after 2.30 pm on the 'arrival date' and finish at 10 am on the 'departure date'. Some owners may be flexible but times outside of the stated arrival and departure times must be agreed prior to commencement of your holiday.
Time is needed to prepare the Accommodation for your arrival, so please do not arrive earlier than 2.30 pm. If you know you will be arriving later than 3.30 pm on the start date please let us know when you book so that adequate arrangements can be made. If you do not arrive by noon on the day after your arrival date and fail to let us know of your late arrival, we may treat your booking as a cancellation and cancellation charges shall apply.
11. Extras
For some properties we offer holiday 'extras'. These are listed and priced in the property details and vary from property to property. You can choose and pay for those extras when making your booking.
12. Pets
Pets are allowed in certain properties. This is clearly indicated in the property details. However, this is only on the condition that pets are not left unattended and are exercised outside the grounds of the Accommodation. Under no circumstances are pets allowed upstairs, in the bedrooms or on the furniture. Pet owners are expected to bring suitable bedding for their animals. Pet charges are per week and vary from property to property (please see individual property details for more information).
You are completely responsible for any damage done to the Accommodation by pets. Neither we nor the Owner accept responsibility for their safety. In properties where pets are permitted if these conditions are not adhered to, some or all of the security deposit may be retained by the Owner. The Owner may terminate the booking and retain all monies paid if a pet is brought into a property without permission.
13. Bed Linen and Towels
Bed linen and towels are included, although some property owners charge extra. This will be specified in the individual property description. Where some properties include linen, this does not include cot linen. Beach towels are not included and house towels are not to be used on the beach or anywhere else outside the Accommodation.
14.Household waste and Recycling
You must observe the local council's requirements for household waste and recycling. Details can be found in the Accommodation's 'Information Folder'.
15. Televisions and other facilities
All of our holiday properties have a cooker, fridge and freezer, unless stated on the individual property description. All properties have a television (unless stated otherwise) that receives terrestrial channels. DVD and CD players are also usually available.
For a complete inventory please refer to individual property details.
16. Heating and Electricity charges
There are no additional charges for heating, gas, electricity, water or other fuels unless otherwise stated in the individual property details.
17. Special Requirements
If anyone in your party has any special requirements, please inform us at the time of booking. We may be able to help by suggesting suitable properties.
18. Security Deposit
A security deposit is required for every booking. This is normally £100, although varies from property to property (please see individual property description). As an agent, we accept and hold the security deposit on behalf of the Owner. Any disputes concerning the security deposit should be settled directly with the Owner. The security deposit is refunded within seven days of departure, less any deductions for damage and subject to complying with the Terms and Conditions.
You will be expected to leave the Accommodation (including kitchen utensils and appliances) clean and tidy on your departure and in the same condition as they were in at the start of your holiday. In the event of any breach of these obligations, the Owner is entitled to deduct the necessary cost to remedy any particular breach from the security deposit. This includes any extra cleaning required.
19. Damages and Breakages
It is a condition of the Contract that you will take good care of the Accommodation during your stay. You are responsible and liable for any breakages or damage which you cause to the Accommodation or its contents. You may use the Accommodation quietly for the period agreed and you must leave it in the same condition as when you arrived. You must notify us of any breakages or damages as they occur and you must pay for them – do not replace any items yourself.
If the Owner feels damage would be or is likely to be caused, they can choose to terminate the Contract at any point and you will not be eligible for a refund. It is a condition of booking that you irrevocably authorise us to debit your credit or debit card if the amount of any damage exceeds the security deposit.
20. Smoking
Smoking is not permitted in any of our properties. If this condition is breached, the Owner may retain some or all of the security deposit.
21. Vehicles
Neither we nor the Owner can guarantee the security of your vehicles or personal possessions.
Neither we nor the Owner will be held responsible for any loss or damage from or to your vehicle. Any vehicle(s), accessories, contents and personal possessions are left entirely at your own risk.
22. Complaints
Any cause for complaint must be taken up with the Owner immediately during the rental period. We act entirely as a booking agent and are not a party to the Contract between you and the Owner. If, having complained to the Owner, you are not satisfied, you should contact us and we will attempt to resolve the situation in the best way possible. If disputes cannot be resolved we reserve the right to refer the matter to the local tourist board.
23. Right of Entry
The Owner and any representatives including ourselves and any workmen are to be allowed access to the Accommodation at any reasonable time during your stay. In the case of an emergency or if there are reasonable grounds to believe that there is or has been a breach of these Terms and Conditions, the Owner and ourselves (or authorised representative) are allowed to enter the Accommodation at any time without prior notice.
24. Overseas Bookings
If you are booking from overseas, you should note that making payments through overseas bank accounts may incur bank charges. Any charges incurred by us as a result will be passed on to you.
25. Data Protection
The information you provide us during the course of this booking will be passed on to other parties in order to process your booking. We have strict security measures in place in order to protect your information and we will not pass any information on to any person not responsible for part of your accommodation arrangements.
Your details are held in accordance with our Privacy Policy and the information we hold may be used to inform you of special offers and promotions in the future. If you do not wish to receive these offers please let us know in writing.
26. General
If any court or competent authority decides that any of the provisions of the Terms and Conditions or the Contract are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
No variation of the Terms and Conditions shall be effective unless it is in writing and signed by us.
The Terms and Conditions and the documents referred to within them set out the entire agreement between you and the Owner relating to your rental of the Accommodation. Each of us acknowledges that we have not relied on any other statement, representation, assurance or warranty.
The Contract, your booking and any dispute or claim arising out of or in connection with it shall be governed by English law and all parties agree to the exclusive jurisdiction of the English courts.
