PLEASE READ THIS - IT IS IMPORTANT! YOUR RESERVATION IS A LEGALLY BINDING CONTRACT
BOOKING CONDITIONS OF MENAI HOLIDAY COTTAGES LIMITED (“MHC”)
These Booking Conditions are a very important document as they govern the legal relationship between the Owner and you, the Customer. MHC urges the Customer to read and consider these Booking Conditions carefully and properly before making any Booking as at the time of making such Booking the Customer will be deemed to have accepted these Booking Conditions. MHC have tried to make these Booking Conditions as straightforward as possible for the Customer to understand but should the Customer have any queries whatsoever before making the Booking then the Customer is urged to speak to MHC and seek clarification as soon as possible.
For ease of reference there are various capitalised terms used throughout these Booking Conditions, which have the meaning attributed to them in clause 12.
1. Role and legal status of mhc
1.1 MHC acts as an agent on behalf of the Owner to facilitate bookings of the Property. As such MHC has the authority to enter into these Booking Conditions on behalf of the Owner and bind them accordingly.
1.2 These Booking Conditions form a legally binding contract between the Owner and the Customer, although MHC may enforce certain rights on behalf of the Owner or itself in certain circumstances.
2.1 All Bookings are made subject to, and strictly upon, these Booking Conditions.
2.2 MHC reserves the right to refuse a Booking for any reason and without any liability.
2.3 The Booking constitutes an offer by the Customer to hire the Property for the hire period in accordance with these Booking Conditions.
2.4 The Booking shall only be deemed to be accepted when MHC issues written acceptance of the Booking (following checking the availability of the Property and receipt of the Deposit) at which point the Booking shall come into existence and form a legally binding contract.
2.5 The Customer must check the confirmation of the Booking carefully once received and inform MHC immediately of any errors.
3. Charges and payment
3.1 At the time of placing the Booking the Customer shall pay MHC:
(a) the Deposit (30% of the Rental Fee);
(b) the Security Deposit (if applicable);
(c) any Chargeable Extras (if applicable); and
(d) a £25 booking fee.
A 2% surcharge is payable when using a credit card. This is a fee to cover what MHC are charged for every credit card transaction; however there is no surcharge when paying by debit card, bank transfer or cheque.
All payments for cottage bookings from overseas guests (outside of the UK) are to be made in pounds sterling. A 2% surcharge will be levied to overseas guests when using a debit card to pay for a cottage booking. A 3% surcharge will be levied to overseas guests when paying for a cottage booking by credit card. These are fees to cover what MHC are charged for every debit and credit card transaction originating from outside the UK. If an overseas guest pays for a booking by bank transfer they will be responsible for settling their own bank charges and MHC reserve the right to pass on to the guest any bank charges incurred by MHC from our own bank for receiving such amounts paid by bank transfer from a bank based outside of the UK.
3.2 The Remainder of the Rental Fee (70%) is due at least 56 days prior to the date of the holiday, or if the Booking is made with less than 56 days to go before the holiday, at the time of making the Booking.
3.3 Price changes – some Bookings may be subject to price increases (especially if booked far in advance) and the Customer will be notified of the maximum possible price increase at the time of Booking. If the Customer is unhappy with the price increase then MHC will refund the Deposit.
3.4 Overdue amounts - MHC has the right to charge 4 per cent per annum above the then current National Westminster Bank's base rate accruing on a daily basis on any overdue amounts.
3.5 Invoices – unless stated otherwise in these Booking Conditions, any invoices raised by MHC require payment in full within 7 days of their date of issue unless the actual holiday is earlier whereupon such invoice is payable immediately.
3.6 Any damage to (and/or breakages at) the Property and/or its contents, the loss of any items, any excessive rubbish or unpleasant materials left at the Property will result in the loss of all or part of any Security Deposit and/or an additional charge being raised to the Customer in respect of such damage or loss.
3.7 The Customer shall pay all amounts due under these Booking Conditions in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against MHC in order to justify withholding payment of any such amount in whole or in part.
4. Changes and cancellation policy
4.1 Changes by the Customer – if the Customer requests a change to the Booking then MHC, entirely at its discretion, will use its reasonable endeavours to accommodate such requested changes but shall not be under an obligation to do so.
4.2 Changes by MHC – MHC may make any reasonable changes to the Booking that it deems are necessary and/or that are beyond its control and/or required to by law.
4.3 Cancellation by the Customer –
4.3.1 Subject to subsections (a) – (c) below or clause 3.3 (if applicable), the Customer may cancel the Booking by notice in writing to MHC at any time before the holiday. In all circumstances the Deposit + 30% of any Chargeable extras and the £25 booking fee shall be forfeited and are non-refundable under any circumstances. The following amounts shall remain payable depending on when MHC receives notice from the Customer of their wish to cancel the Booking:
(a) if the Customer cancels more than 12 months before the holiday - no fee shall be payable (save for forfeiture of the Deposit);
(b) if the Customer cancels more than 56 days before the holiday – 50% of the Rental Fee shall be payable (and the Deposit shall be forfeited); and
(c) if the Customer cancels less than 56 days before the holiday – 100% of the Rental Fee shall be payable (and the Deposit shall be forfeited).
4.3.2 In the event of MHC receiving notice from the Customer of their wish to cancel the Booking then if MHC in its sole discretion deems it appropriate it may try and rebook the Property for the date of the holiday to someone else but shall be under no obligation to do so. In the event of MHC finding a suitable substitute booking for equal to or greater than the Rental Fee then the Customer shall only forfeit the Deposit and shall be repaid any monies already paid to MHC minus a £25 + VAT administration fee which shall be immediately payable to MHC.
4.3.3 MHC may, at its sole discretion, waive any monies payable by the Customer under this clause 4.3. The Customer should inform MHC in writing if there are any exceptional circumstances that have caused the Customer to cancel the Booking. MHC will decide on a case by case basis if there is a good reason for the monies payable under this clause 4.3 by the Customer to be waived. MHC is under no obligation to waive any monies pursuant to this clause 4.3.3.
4.3.4 MHC and the Customer agree that the above cancellation rules are both fair and reasonable given the time and expenditure that will have been incurred by MHC in relation to the holiday.
4.4 Cancellation by the MHC – MHC may cancel the Booking for/if:
(a) a reason beyond their control (however in such instance MHC will use reasonable endeavours to find the Customer suitable alternative accommodation at no additional cost or offer the Customer a refund);
(b) the Customer fails to pay any amount to MHC when due;
(c) the Customer commits a material breach of these Booking Conditions;
(d) the Booking may affect the goodwill and/or reputation of MHC in its sole discretion.
5 Customer's obligations and responsibilities
5.3 The Customer shall (and on behalf of its guests and/or invitees):
5.3.1 ensure that the terms of the Booking are complete and accurate;
5.3.2 co-operate with MHC in all matters relating to the Booking;
5.3.3 provide MHC with such information as requested from time to time as soon as reasonably practicable following such request;
5.3.4 notify MHC immediately of any proposed changes to the Booking or a proposed cancellation;
5.3.5 ensure the absolute compliance with these Booking Conditions, in particular clause 6; and
5.3.6 ensure their guests and/or invitees have read, understood and abide by these Booking Conditions.
5.4 If MHC's performance of any of its obligations under the Booking is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
5.4.1 MHC shall without limiting its other rights or remedies have the right to suspend the holiday until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays MHC's performance of any of its obligations;
5.4.2 MHC shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from MHC's failure or delay to perform any of its obligations as set out in this clause 5.4; and
5.4.3 the Customer shall reimburse MHC on written demand for any costs or losses sustained or incurred by MHC arising directly or indirectly from the Customer Default.
6 General rules of occupancy in relation to the property
6.3 Occupancy – the number of persons occupying the Property must not exceed the maximum number stated in the brochure or specified by MHC. If the Customer is in breach of this clause all persons will be required to leave immediately.
6.4 Access – access to the Property will be available from 4pm on the day of arrival (unless an earlier arrival time has been agreed in advance) but the Customer should check their arrival sheet for the correct time. The Property must be fully vacated by 10am on the day of departure unless agreed otherwise in writing with MHC or the Owner. The Customer agrees to permit MHC or the Owner with access to the Property at any time requested during the holiday.
6.5 Cleanliness – during the holiday the Property is to be kept in a clean, fit and proper state and must be left relatively tidy on the day of departure.
6.6 General behaviour – the Customer must behave in a proper and decent manner whilst at the Property, refrain from loud, aggressive and/or abusive behaviour and not commit any dangerous, senseless, improper, immoral or indecent act whilst at the Property.
6.7 Damage / breakages – the Customer must ensure that the Property, its fixtures and fittings and all contents are treated properly, not damaged in any way and are left in exactly the same state and condition at the end of the holiday as at the commencement of the holiday. In the event of any damage or breakages the Customer must inform MHC immediately.
6.8 Security deposit – some Properties require a Security Deposit to be paid by the Customer to MHC at the time of making the Booking to cover any damage to the Property and/or its contents, any missing items, evidence of smoking or extra cleaning.
6.9 Smoking – smoking is not permitted at the Property unless prior agreement has been obtained in writing by MHC or the Owner.
6.10 Pets – pets are permitted at some of the Properties where prior permission has been obtained in writing from MHC or the Owner. Pets are forbidden unless prior written agreement has been given by MHC or the Owner. The charge per pet is £20. Pets must be kept under control at all times and never left alone in the Property. Pets are not permitted in bedrooms or on any of the furniture. All traces of pets (e.g. dog hair) must be removed from the Property before the Customer vacates the Property. None compliance with this clause may incur additional cleaning costs to be paid by the Customer. Dog Friendly Cottages indicate cottages which accept dogs for an additional charge and does not infer that the cottage will be necessarily suitable for your particular dog. Your attention is particularly drawn to the garden and grounds which although described as enclosed, may not be fully escape proof for all dogs.
6.11 Lost property – MHC and/or the Owner does not accept any responsibility for damage or loss to any equipment, items or property belonging to the Customer whilst at or left at the Property. MHC will make every effort to return any equipment, items or property left at the Property if at all possible. If any equipment, items or property are found then MHC will request the Customer to send them an amount to cover packing and administration of £15 and the postage by recorded delivery. Items not claimed after 28 days of vacation of the Property will be disposed of.
6.12 Old properties - older properties can be creaky, have uneven walls and floors and often steps into rooms therefore the Customer is asked to be very careful on arrival and generally throughout the holiday when at the Property. There may be cluster flies, bats, bugs and insects at the Property and spiders can weave a web extremely quickly even after a property has just been cleaned. Many of the stone cottages were built before modern damp courses and in our local climate you may find damp patches after wet spells.
6.13 Wifi / internet –Cottages which have wireless internet access are noted in the cottage description. However sometimes, particularly in more rural areas, there may be cottages where internet access is intermittent or even on occasion unavailable for a short period of time because of the distance to the nearest BT exchange and/or the remoteness of the cottage. Additionally, we would like to note that if there is no internet connection due to factors outside the control of MHC such as fallen wires or thunder storms, we will not be held responsible for the lack of internet connectivity. In these circumstances, we will do our utmost to arrange for an appropriate professional to fix the problem as soon as possible, once we are notified of the issue. However response times are again out of our control. As in most cottages the strength of the wireless signal can vary throughout the property and in some of our older properties the thickness of the walls may prevent wireless internet access in certain rooms or areas on site, so please bear this in mind – where we can we will let you know about these issues. If this is important to you and you are unsure about the quality of internet access in a particular cottage then please ask when making your cottage booking as we cannot guarantee broadband connection speeds
The Customer is responsible for the proper use of the internet and to ensure that no excessive downloading takes place and that no illegal or offensive material is viewed or downloaded. By using the internet at a property the Customer confirms he has read and accepts the points made clear in the ‘Internet Access’ page of the ‘How to book’ section.
6.14 Dangerous and/or illegal items – the Customer may not bring any such items to the Property.
7 Accuracy of promotional material
7.1 Any description of the Property or surrounding facilities is provided in good faith however it may not be factually accurate and/or correct.
7.2 Any drawings, descriptive matter or advertising issued by MHC, and any descriptions or illustrations contained in MHC's catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of Property and the location. They shall not form part of the Booking or have any contractual force.
8 Limitation of liability: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1 Nothing in these Booking Conditions shall limit or exclude MHC's liability for:
8.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
8.1.2 fraud or fraudulent misrepresentation.
8.2 Subject to clause 8.1:
8.2.1 MHC shall under no circumstances whatever be liable to the Customer, whether in Booking, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of enjoyment, or any indirect or consequential loss arising under or in connection with the Booking; and
8.2.2 MHC's total liability to the Customer in respect of all other losses arising under or in connection with the Booking, whether in Booking, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Rental Fee in respect of the particular Booking.
8.3 As agent for the Owner, MHC cannot accept (and specifically does not have) any legal responsibility for any act or neglect on behalf of the Owner or of anyone representing or employed by them. Further, MHC cannot accept any liability for any problems or faults with or in any property as all properties are controlled by the Owners.
8.4 Further to clause 8.3, MHC accepts no responsibility for the acts or failure of:
8.4.1 An Owner – e.g. faults or problems with the Property and/or the breakdown of mechanical equipment including pumps and boilers; or
8.4.2 Public utilities – e.g. in respect of water, gas and/or electricity; or
8.4.3 Third parties – e.g. in respect of noisy neighbours.
8.5 If the Customer wishes to make (and/or attempt to make) a legal claim of any kind in respect of their holiday then they must send full details and particulars of the claim to the Owner or MHC (on behalf of the Owner) within 30 days of vacating the Property otherwise their right to bring and pursue such claim shall be lost irrevocably.
8.6 These Booking Conditions apply to the Booking to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
8.7 All Bookings and Rental Fees specified or advertised from time to time are dependent on the Property being available at the time of making the Booking and may change without notice before this time.
8.8 This clause 8 shall survive termination of the Booking.
9 Data protection
All personal and other information gathered by MHC in relation to the Booking will not be shared with any third party save for the Owner. MHC may use the Customer’s details from time to time to send them marketing messages and advertisements; the Customer should notify MHC if they do not wish to receive such messages.
Any complaints must be notified to MHC immediately during the Customer’s stay. MHC will do what it can to deal with the Customer’s query as they see best fit as soon as reasonably practicable following receipt of the complaint. MHC shall not respond to any complaints raised 7 days or more following vacation of the Property.
11 General provisions
11.1 Entire Agreement - these Booking Conditions constitute the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of MHC which is not set out in the Booking.
11.2 Force majeure:
11.2.1 For the purposes of this Booking, Force Majeure Event means an event beyond the reasonable control of MHC including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of MHC or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental body, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
11.2.2 MHC shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Booking as a result of a Force Majeure Event.
11.3 Assignment and subcontracting:
11.3.1 MHC may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Booking and may subcontract or delegate in any manner any or all of its obligations under the Booking to any third party or agent.
11.3.2 The Customer shall not, without the prior written consent of MHC, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Booking.
11.4.1 Any notice or other communication required to be given to a party under or in connection with this Booking shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business.
11.4.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
11.4.3 This clause 11.4 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under this Booking shall not be validly served if sent by e-mail.
11.5 Waiver: A waiver of any right under the Booking Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Booking or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
11.6.1 If a court or any other competent authority finds that any provision of the Booking (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Booking shall not be affected.
11.6.2 If any invalid, unenforceable or illegal provision of the Booking would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.7 Third parties: Save for the Owner, a person who is not a party to the Booking shall not have any rights under or in connection with it.
11.8 Variation: Except as set out in these Booking Conditions, any variation, including the introduction of any additional terms and conditions, to the Booking, shall only be binding when agreed in writing and signed by MHC.
11.9 Governing law and jurisdiction: Any dispute or claim arising out of or in connection with the Booking or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
12.1 Definitions. In these Booking Conditions, the following definitions apply:
Booking: the reservation of the Property by the Customer in relation to a particular Property.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Booking Conditions: these terms and conditions as amended from time to time in accordance with clause 11.8.
Booking: the Booking between MHC and the Customer for the supply of Services in accordance with these Booking Conditions.
Chargeable Extras: any chargeable extras specified by MHC, such as pets.
Customer: the person or firm who purchases Services from MHC.
Deposit: an amount equal to 30% of the Rental Fee.
MHC: Menai Holiday Cottages Limited, a private company limited by shares, registered in England and Wales with company number 04947297 and whose registered office is located at 68 High Street, Tarporley, Cheshire, CW6 0AT.
Owner: the freehold owner of the Property who permits MHC to hire the Property out on its behalf to the Customer.
Property: the property to which the Booking relates and the Customer wishes to hire.
Rental Fee: the cost of the hire of the Property as specified or advertised from time to time.
Security Deposit: an additional deposit paid by the Customer to MHC at the time of making the Booking to cover damage or loss to or at the Property.
12.2 Construction. In these Booking Conditions, the following rules apply:
12.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
12.2.2 A reference to a party includes its personal representatives, successors or permitted assigns;
12.2.3 Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
12.2.4 A reference to writing or written does not include faxes.