THE HOLIDAY COTTAGE COLLECTION TERMS AND CONDITIONS
1. The Agreement:
The Holiday Cottage Collection Ltd (The Holiday Cottage Collection) is a business that promotes and facilitates the booking of holiday let properties. The Holiday Cottage Collection are a company registered number in England and Wales 14089493, whose registered office is at 1 Harvest Cottages Sole Street, Crundale, Canterbury, England, CT4 7ER
Upon or upon accessing, utilising or registering at https://www.theholidaycottagecollection.co.uk (the “Website”) or by placing any bookings or enquires the following Terms and Conditions (the “Agreement”) are deemed accepted in their entirety by you (the “Customer”) and The Holiday Cottage Collection (the “Parties”).
The Holiday Cottage Collection reserves the right to amend the Agreement from time to time, without notice. The Customer agrees and acknowledges it is their responsibility to review any amendments or alterations to the Agreement. Any continued use of the Website or the Services will be deemed as acceptance of any amendments in their entirety.
2. Provision of Booking Services
Acceptance of any Booking will be at the point written confirmation is received by the Customer. If the Holiday Cottage Collection need to cancel an order, they will use best endeavours to do so as soon as practicable and refund any payments made promptly.
Booking Confirmation will contain the following information:
– Your Booking Number;
– Confirmation of the Booking dates and Party details
– Full Pricing for the Booking including, where appropriate, taxes and any additional charges such as Cleaning charges.
– Estimated delivery date(s).
Further information, including any specific details around the Property booked, including check in details, will be communicated prior to the booking date.
The Holiday Cottage Collection are a booking Service only. All Properties are privately owned and the booking accommodation will be provided by the Property Owner.
If you require any further or wish to provide additional information at any time you may contact the Holiday Cottage Collection on the following email address [email protected]
Whilst The Holiday Cottage Collection use reasonable endeavours to provide Properties and Bookings in accordance with the specifications detailed on the Website and advertise Properties accurately, images and specification of the bookings may vary from those supplied, including the facilities that may be available.
The Holiday Cottage Collection has the right to cancel any Booking at any time for any reason without the cancellation giving rise to compensation.
Subject to any explicit exclusions within this Agreement, The Holiday Cottage Collection shall not be held responsible for any damages the Customer suffer as a result of the Services provided by The Holiday Cottage Collection or connected to use of the Website. The customer is responsible for assessing the suitability of any Products or Services.
Any statements or actions of The Holiday Cottage Collection, including but not limited to any statements on the Website are not intended to be and shall not be deemed to constitute a guarantee. Any statements in any form on any matter are expressions of opinion only and does not constitute professional advice and in no circumstances will the Holiday Cottage Collection be liable for any decision made or action taken by the Customer in reliance of any information, statements, documentation or action of the Holiday Cottage Collection.
The Holiday Cottage Collection agrees:
- To carry out any Bookings and services with reasonable skill and care.
- To manage the Website in a diligent manner including taking reasonable steps to take virus preventative steps on the website and to follow processes to prevent misuse of the Website.
- To protect and process information as documented within the Privacy Policy which can be found at https://www.theholidaycottagecollection.co.uk/privacy-statement-uk/
- That all complaints will be processed and acknowledged within 7 working days. A complaint must be raised during the course of a stay and we require photographic evidence before any consideration will be made of the complaint.
The Customer agrees or acknowledges:
- They are over the age of 20 years of age and will be responsible for the Booking.
- They are authorised to use the payment method they have utilised.
- To information being stored in line with the privacy policy which can be found https://www.theholidaycottagecollection.co.uk/privacy-statement-uk/
- To honestly represent the purpose of the Booking, the size of the Party and the identity of the guests.
- That some Properties do not accept bookings from stag or hen parties. The Holiday Collection reserve the right to terminate occupancy without refund if these conditions are breached.
- That Cots and High Chairs must be requested in advance of the booking date to ensure that they are available.
- All Properties have a strict non-smoking policy. An additional charge of up to £100 may be charged if this clause is breached.
- That the use of candles is not permitted.
- That express permission must be granted in advance in the case of pets being included in the booking. In no circumstances will the customer allow pets on the furniture and accept that additional charges will apply.
- To make complaints as soon as practicable, during the stay at the property, to the following email address [email protected]. All complaints will be processed and acknowledged within 7 working days. Subject to statutory rights, the outcome and any decision of any complaint is made at the sole discretion of The Holiday Cottage Collection.
- To not attend or allow another person to attend any booked Property where there are communal areas in any circumstances where they are ill or have been ill within the preceding 48 hours, including with any fever or cough, sickness, or diarrhoea, suffering from any communicable illness, such as chicken pox, measles, COVID-19 or have been in contact with anyone suffering from a communicable illness within the preceding 48 hours.
- To ensure any and all information is accurate, complete and adequate. The Customer agrees that the Holiday Cottage Collection has no responsibility to check the accuracy of personal details provided or recorded, including contact details.
- That they have adequate travel insurance in place, including for loss and damage for their personal effects and acknowledge that this should include cancellation insurance.
- To comply with all and any policies of the Holiday Cottage Collection and the Property.
- To detail in writing any damages caused during the Booking and that they may be liable for the cost of repair or replacement.
- To take all reasonable precautions when utilising the Website and to report immediately any actual or perceived threat to the security of their account or the Website including any misuse or disclosure of passwords.
- If posting comments or reviews to not include any content which can be deemed to be or is in the sole discretion of the Holiday Cottage Collection, inappropriate, defamatory, offensive, illegal or contrary to the ethos and/or policies of the Holiday Cottage Collection and to immediately report any content that could be deemed to fall into any of these categories. To not upload or utilise in any way content which could infringe any third-party Intellectual Property, privacy or propriety rights. To remove any content immediately if so, requested by The Holiday Cottage Collection for any reason.
- That where items are left at a Property, they will be liable to pay for any costs of posting and packaging associated with their return and acknowledge that they bear the risk for the items whilst they are in transit.
- That if any maintenance is required to the property during your booking dates, access may be required to facilitate the maintenance. The Holiday Cottage Collection will use best endeavours to communicate any such visits in advance.
- That neither the Holiday Cottage Collection and/or the Property Owner will be liable for any payment, reduction or refund if there is any disruption or unavailability to any utilities, services of amenities during part or whole of the stay.
- That arrival at the property is at or after the time stated on the booking confirmation, not before.
- That parking is not provided or included within the booking unless explicitly stated.
3. Payments
Prices will be as advertised upon the website and fees are subject to change without notice. Pricing advertised at the time of booking will be honoured if there are any subsequent changes in pricing. All prices on the Website include VAT. If the VAT rate changes between your order being placed and payment, the amount of VAT payable will be automatically adjusted when taking payment.
Payments will be required to be made in advance. Payments made online will be processed by Opayo by Elavon their terms and conditions can be found https://www.opayo.co.uk/policies/terms-of-use. Any delay in payments may see bookings suspended or terminated without notice and any related information may be permanently deleted and may not be retrievable.
The Holiday Cottage Collection reserves the right to claim interest, compensation, and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and if for any reason it does not apply, interest shall be payable on overdue amounts at 6% over the Bank of England Base Rate.
Subject to statutory rights any refund is at the Holiday Cottage Collection sole discretion once Bookings have been accepted, unless expressly agreed otherwise. Where refunds are made, the Holiday Cottage Collection may deduct reasonable administration costs. Refunds will be made using the same method as when the Booking was made.
Deposits are non-refundable in the case of cancellation by the Customer. Deposits shall also be retained in the case of any damage caused during the Booking and in making a booking the Customer is agreeing for the retention of the deposit in the case that any damage is caused during a stay, whether it be by them or a third party connected to the booking. Deposits shall be returned within 7 days of departure.
4. Confidentiality
For the purposes of this Agreement, Confidential Information means any and all, confidential information, including without limitation any and all, financial, commercial, know how or other information, data or material, howsoever recorded, preserved or disclosed, by the Disclosing Party to the Receiving Party which would reasonably be considered to be confidential having regard to all the circumstances of the disclosure.
The Parties hereby undertake to:
- not use the Confidential Information other than in connection with the provision of Services and as explicitly agreed; and
- not at any time (save as required by law) disclose or divulge to any person other than to the parties’ officers or employees whose province it is to know the same any Confidential Information and
- use best endeavors to prevent the publication or disclosure of any Confidential Information by any other person.
The restrictions set out above shall cease to apply to information or knowledge which
- is already in the receiving party’s possession and was lawfully received from sources other than the disclosing party.
- is independently developed by the receiving party.
- is approved in writing by the disclosing party for release; or
- is required by law, court order, or any governmental or other regulatory authority to be disclosed, provided that the receiving party has notified the disclosing party prior to disclosure; or
- comes into the public domain otherwise than by reason of the default of confidentiality obligations; or
- is rightfully received by the receiving party from third parties without breaching secrecy obligations.
5. Termination and Cancelation
The Holiday Cottage Collection can terminate any of the Bookings, Services and Properties offered or advertised and alter or withdraw any feature of the Website or the Services without notice or payment of any compensation (without prejudice to other rights in law to terminate this agreement) If in the sole opinion of The Holiday Cottage Collection, the Customer has breached any of the terms of the Agreement or for any reason.
The Customer may request to cancel any booking by:
Emailing: [email protected]
Writing to 1 Harvest Cottages Sole Street, Crundale, Canterbury, England, CT4 7ER
Calling: 07979288646
We shall then notify you if your booking cancellation or amendment has been agreed. Amendments to your bookings may be subject to additional charges.
6. Indemnity
The Customer warrants to indemnify The Holiday Cottage Collection for all and any claims and liabilities arising directly or indirectly out of the misuse of The Holiday Cottage Collection website, Intellectual Property, Properties Booked or any breach of this Agreement.
7. Warranties
The Parties agree and Warrant they have the capacity to enter into this agreement on behalf of the contracting party (if acting in capacity of a business or organisation).
The Holiday Cottage Collection Warrant that these terms in no way seek to exclude or limit statutory consumer rights.
The Holiday Cottage Collection has no responsibility and provides no warranty to the accuracy of any information posted on the website or communicated on other customers behalf.
The Holiday Cottage Collection makes no warranty or representation that Products are fit for commercial, business or industrial use of any kind (including resale).
8. Data Protection and Data Processing
The Parties warrant to comply with the Data Protection Act 2018 and any other Law which applies in the UK. The Customer agrees for data to be processed in line with the Holiday Cottage Collection Privacy Policy which can be found at https://www.theholidaycottagecollection.co.uk/privacy-statement-uk/
The Holiday Cottage Collection will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data (as defined in the Data Protection Legislation) and as detailed within the Privacy policy.
9. Limitations of Liability
Nothing in this Agreement shall limit or exclude the Holiday Cottage Collection liability, for death or personal injury caused by its negligence; for fraud or fraudulent misrepresentation; for any other act, omission or liability which may not be limited or excluded by law.
The Holiday Cottage Collection shall have no liability for loss of profit (whether direct or indirect), goodwill or reputation, loss of data, or any indirect or consequential loss.
The Holiday Cottage Collection shall have no liability for a Customers property and belongings, the Customer agrees and acknowledges they are fully responsible for their property whilst on any premises associated with a booking via the Holiday Cottage Collection.
Subject to any statutory or explicit exclusions contained here in The Holiday Cottage Collection Liability is capped at £10,000.00.
10. Media Use
Customers are permitted to take photos and videos and to share these on social media or with their friends and family. The Holiday Cottage Collection may withdraw this right at any time at their sole discretion.
11. Intellectual Property (IP)
For the purposes of this Agreement Intellectual Property means all existing or future intellectual property including rights anywhere in the world including any utility model right, copyright and related right, trade mark, trade name, internet domain name, design right, design, service mark, database right, right in get-up, right in goodwill or to sue for passing off and any other right of a similar nature whether registered (or capable of registration), and the right to apply for any of these.
This Agreement does not transfer any interest in the Holiday Cottage Collection Intellectual Property Rights. The customer agrees not to infringe any of the Holiday Cottage Collection or any third-Party’s Intellectual Property or intellectual property rights, or any proprietary rights.
The Customer shall immediately give written notice to the Holiday Cottage Collection of any actual, threatened, or suspected infringement of the Holiday Cottage Collection and any other third Party’s IP of which it becomes aware. The Customer agrees to take all reasonable action to protect the IP of the Holiday Cottage Collection and agrees to adhere to guidelines regarding the use of the trademarks or brand marks of the Holiday Cottage Collection and any other third Party and to not use any materials provided by the Holiday Cottage Collection without consent.
12. Third Party Websites
The Website may include links to third-party website’s that are controlled and maintained by third party providers. Any link to other websites is not an endorsement of such websites and the Customer acknowledge and agree that the Holiday Cottage Collection are not responsible for the content or availability of any such sites.
13. Variation & Changes to the Website.
The Customer agrees and acknowledges that the Holiday Cottage Collection has the right to:
- Change or remove (temporarily or permanently) the website or any part of it without notice.
- Change, remove or discontinue any service, Property booking or promotion any time without notice.
- Change or discontinue any promotional discount vouchers or coupon codes at any time with notice.
The Customer further agrees that The Holiday Cottage Collection shall not be liable to the Customer for any such like change or removal, including but not limited to those detailed above. The Customer acknowledges and agrees this may result in the loss of data available to them, their ability to view a Property or other content, included deletion of or resetting of a customer’s account (including any enquires). Any continued use of the customer following any and all changes demonstrates an acceptance to the variation.
No variation to this Agreement by the customer shall be valid or binding unless it is communicated in writing (including for the avoidance of doubt via the Website) by the Holiday Cottage Collection.
14. Severability and Waiver
The validity or unenforceability of any particular provision of these terms shall not affect the other provisions and shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
The waiver by the Holiday Cottage Collection of any default or breach of this Agreement shall not constitute a waiver or any other subsequent default or breach.
15. Third Party Rights
This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
16. Survival
Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations, or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
17. Force Majeure
No Party shall be in breach nor liable for delay in performing or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control.
18. Entire Agreement
This Agreement contains the entire agreement and understanding of the parties relating to the subject matter of this Agreement and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between the parties, whether written or oral.
19. Announcement
The Parties agree and acknowledge that The Holiday Cottage Collection may use all and any Materials (including photographs and reviews) relating to Services for marketing and promotional purposes without first seeking any further consent and/or approvals from the Customer, including and not limited to reviews and feedback provided by the customer and that no compensation will be made for such use.
20. Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the England. The Parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of in connection with this Agreement or its subject matter or formation