1. Definitions
1.1 The following definitions and rules of interpretation apply in these booking conditions: Booking Confirmation: the confirmation of booking provided by email to the Customer when a booking has been accepted.
Booking Deposit: 30% of the Rental Fees, provided that the booking is submitted more than eight weeks before the Start Date.
Customer: the person who has booked the holiday.
Conditions: these booking conditions.
End Date: the last day of the Rental Period.
Event Outside Control: any act or event beyond the Owner’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, any law or any action taken by a government or public authority, including, without limitation, imposing restrictions on movement or quarantine, or failure of public or private telecommunications networks.
Guests: the people that occupy the Property subject to these Conditions.
Housekeeper: the person appointed by the Owner who is responsible for the cleaning of the Property.
Inventory: the inventory of fixtures, furniture and effects at the Property, a copy of which may be kept at the Property.
Invoice: Details of your stay with a statement of the sum due for these; a bill.
Optional Extras: additional items which may be made available at the Property (and charged separately) if confirmed in the Booking Confirmation.
Owner: the owner(s) of the Business.
Property: the house and garden identified in the Booking Confirmation together with the fixtures, furniture and effects which may be specified in the Inventory.
Rental Fees: the total amount due from a Customer in respect of a booking of the Property. Rental Period: the rental period specified in the Booking Confirmation.
Start Date: the first day of the Rental Period.
Website: Netherbridge Lakes website currently located at www.netherbridgelakes.co.uk
2. General
2.1 The contractual relationship is formed direct between the Owner and the Customer.
3. Duration and times of rental
3.1 The Rental Periods are for a maximum of four weeks and commence at 4.00pm on the Start Date and end at 10.00am on the End Date, unless otherwise agreed in writing by Netherbridge Lakes owners.
3.2 The Rental Period cannot be exceeded unless Netherbridge Lakes owners give prior written approval. The Customer will be liable for any cost, of whatever nature, incurred as a result of any unauthorised extension.
4. Deposit
4.1 If a booking is made eight weeks or more before the Start Date, a Booking Deposit is payable. The Booking Deposit shall be paid by the Customer within 7 days of reserving holiday date with the Owners of Netherbridge Lakes.
4.2 If a booking is made less than eight weeks before the Start Date, the full Rental Fees, plus any additional charges (such as charges for pets and charges for Optional Extras) must be paid within 7 days after invoice has been issued.
4.3 Once an invoice has been issued, this is an offer to book the propertyon the requested dates. Once a deposit is paid, a binding contract, incorporating these Conditions, will come into existence.
4.4 Netherbridge Lakes reserve the right to refuse a booking, including where the Customer has used abusive, derogatory, inappropriate or offensive language (whether in respect of the current booking or a previous booking) when communicating with Netherbridge Lakes employees and representatives. If Netherbridge Lakes refuses a booking, the Deposit, Rental Fees and any additional charges paid by the Customer will be refunded to the Customer immediately.
5. Final payment
5.1 Subject to clause 7, as soon as the customer has paid the deposit, the Customer is responsible for payment of the balance of the Rental Fees in accordance with clause 5.2, together with any additional charges.
5.2 Payment of the Rental Fees and additional charges are due to Netherbridge Lakes six weeks before the Start Date (the “Due Date”) and nonpayment by the Due Date may be treated as a cancellation.
5.3 If the balance of Rental Fees is not paid by the Customer on the Due Date, then the Customer will be deemed to have cancelled their booking and Netherbridge Lakes shall retain the Booking Deposit and Booking Fee.
6. Changing a booking
6.1 Once a deposit has been paid, the booking can only be changed to another Property by cancelling the original booking in accordance with clause 7.
6.2 The Rental Period may not be changed by the Customer within two weeks of the Start Date. Any other changes to the Rental Period are subject to approval by the Owners of Netherbridge Lakes
7. Cancellation
7.1 A booking can only be cancelled prior to the Start Date.
7.2 If a Customer wishes to cancel the booking, they must notify Netherbridge Lakes in writing (“Cancellation Notice”). Clause 15 shall apply if the Property is unavailable due to an Event Outside Control.
7.3 In the event that a Cancellation Notice is received by Netherbridge Lakes, a cancellation charge is payable depending on the number of days before the Start Date. The amount payable is set out below:
7.4 0 – 13 days 100% 14 – 27 days 75% 28 – 55 days 60% 56 days or more Deposit Cancellation Charge (as percentage of the Rental Fees) Number of days before the Start Date. The small print is never the easiest reading, but is important.
8. Optional Extras
If the Property offers Optional Extras, they are listed on the Website/welcome pack and will be charged at the rates shown on the Website/welcome pack.
9. Price changes
9.1 Netherbridge Lakes reserve the right to amend prices on the Website due to errors or omissions, but such changes shall be notified to the Customer as soon as possible and the Customer shall be able to end the contract if the amended price is significantly higher than the original price quoted.
9.2 If there are any changes in the rate of VAT between the date the Customer submits a booking and the date of the Booking Confirmation, Netherbridge Lakes will adjust the rate of VAT and the Customer agrees to pay the applicable rate.
10. Method of payment
All payments made to Netherbridge Lakes will be by bank transfer within 7 days after receiving invoice.
11. Overseas bookings
Customers located outside the United Kingdom shall pay in Pounds Sterling by international electronic transfer. Any charges for payments from overseas will be passed on to the Customer.
12. Eligibility
Netherbridge Lakes are essentially provides couples and family holidays and it is our policy not to accept bookings for hen or stag parties or from groups of people under the age of 18 years.
13. The holiday
The Customer and Guests have the right to occupy the Property for a holiday only (within the meaning of Schedule 1, Paragraph 9 of the Housing Act 1988).
14. Customer obligations
The Customer agrees:
14.1 to pay for all additional utilities and fuel incurred during the Rental Period and not included in the Rental Fees.
14.2 to report to Netherbridge Lakes any damage, destruction, loss, defect or disrepair affecting the Property as soon as it comes to the attention of the Customer.
14.3 to pay for any losses or damages to the Property caused by a Guest (excluding any damage caused by fair wear and tear and the cost of any damage which may be recoverable under insurance policies). If it is proven that damage is directly attributable to the Customer or Guests then Netherbridge Lakes have the right to reclaim any costs incurred up to the sum of £350. All damage or breakdowns must be reported immediately so issues can be put right before the arrival of the next guests.
14.4 to take good care of the Property and leave it in a clean and tidy condition at the End Date. A cleaning service is not provided during the Rental Period unless otherwise agreed in writing by Netherbridge Lakes. If the owner of Netherbridge Lakes are dissatisfied with the condition of the Property at the End Date, they reserve the right to refuse to accept subsequent bookings from that Customer
14.5 to permit the Owner reasonable access to the Property at all times without notice
14.6 not to part with possession of the Property, or share it, except with Guests identified on the Booking Confirmation
14.7 not to sell or transfer the booking to another party without Netherbridge Lakes prior written consent
14.8 to ensure that only the Guests who are identified on the Booking Confirmation occupy the Property. The Customer further agrees that a cot may only be occupied by a child aged 24 months or less at the Start Date
14.9 not to smoke at the Property or cause an annoyance or become a nuisance to occupants of adjoining premises
14.10 to only use the designated parking spaces allocated for the property. For larger vehicles and second vehicles, these should be parked in the main carpark. Netherbridge Lakes accept no liability for additional costs incurred if an alternative space is required or if the Customer or Guest’s vehicle is damaged
14.11 to at all times behave in a respectful and polite manner to the Owner, Netherbridge Lakes employees and representatives
14.12 to not use any abusive, derogatory, inappropriate or offensive language when communicating with the Owner, Netherbridge Lakes employees and representatives
14.13 To only charge the Customer or Guest’s electric or hybrid vehicle at the pod point charge points provided onsite. The Customer and Guests further agree that they shall not use a normal domestic power socket to charge an electric or hybrid vehicle as this may cause safety risks and damage to the Property
15. Non-availability of Property
15.1 The Owner will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations in these Conditions that is caused by an Event Outside Control.
15.2 If an Event Outside Control takes place that affects the availability of the Property during the Rental Period, the Customer will be contacted as soon as reasonably possible and the Owner’s obligations under these Conditions will be suspended and the time for performance will be extended for the duration of the Event Outside Control. Where the Event Outside Control results in the Property becoming unavailable during the Rental Period, the Customer may end the contract and all payments will be refunded.
16. Liability
16.1 Nothing in these Conditions excludes or limits the liability of the Owners for: i. death or personal injury caused by the Owners’ negligence; or ii. any matter which it would be illegal for the Owners to exclude or attempt to exclude their liability.
16.2 If the Owner fails to comply with these Conditions, the Owner is responsible for losses which are a foreseeable result of their breach of these Conditions or their negligence, but the Owner is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract.
16.3 The Owner is not liable for business losses. The Owner only lets the Property for domestic and private use. If the Customer, or a Guest, uses the Property for any commercial or business purpose the Owner will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. Property descriptions
17.1 Some of the information on the Website and Welcome packs relates to shops, amenities and public houses in the surrounding area. Closure of such premises and other changes to external facilities are outside Netherbridge Lakes control. If Netherbridge Lakes are aware of any material changes at the time of the Customer’s booking, then it shall endeavour to inform the Customer of these changes. However, this information is provided for general information purposes and is not intended to amount to advice on which the Customer and Guests should rely. Although Netherbridge Lakes make reasonable efforts to ensure the information on the Website is up to date, it makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
17.2 All our Properties offer WiFi. The provision of WiFi is subject to availability and network conditions.
18. Complaints
18.1 All complaints must be notified to Netherbridge Lakes as soon as reasonably practicable. All Customers have a legal obligation to mitigate their losses.
18.2 The Customer agrees that the Owner shall be given the opportunity of investigating the complaint within a reasonable time and the opportunity to correct issues during or after the Rental Period.
18.3 Netherbridge Lakes cannot accept responsibility for any legislation relating to dogs not being permitted on beaches.
19. Pets
19.1 Pets are only permitted at the Property with the prior written consent by Netherbridge Lakes and are subject to any additional conditions imposed by the Owners. Pets are permitted and the Customer agrees that they shall be kept under control and exercised in the designated areas.
19.2 Pets are not permitted in the bedrooms or on the furniture in the Property and the Owners can accept responsibility for their safety. Pets must not be left in the Property unsupervised as this can result in considerable damage to the Property and distress to the pet. A charge will be made for each pet.
20.Bed linen and towels
Linen and towels are changed at the End Date. If the Customer requires fresh linen and towels during the Rental Period, they should contact Netherbridge Lakes and Netherbridge Lakes may agree to provide fresh linen and towels subject to the payment of an additional charge.
21. Breach of contract
21.1 If there is a substantial breach of any of these Conditions by the Customer or any Guests including a breach of clauses 14.11 and 14.12, Netherbridge Lakes reserve the right to re-enter the Property and terminate (i.e. bring to an end) the contract that exists in relation to the Property and may recover possession of the Property.
21.2 If there is a substantial breach of any of these Conditions by Netherbridge Lakes, then the Customer has the right to terminate (i.e. bring to an end) the contract that exists in relation to the Property and may leave the Property.
21.3 Ending the contract by either Netherbridge Lakes or the Customer does not affect that party’s other rights and remedies.
22. Personal Data
22.1 The Owner shall collect the names (first names and surnames), addresses and, if the Guest is under eighteen years of age, the age of the Guests (“Contact Data”). The Owner will process the Contact Data: i. to verify the identity of the Customer and Guests who will be occupying the Property; and ii. to contact the Customer and Guests by post with information about the Owner’s Property.
22.2 The legal basis for processing the Contact Data is the performance of a contract and the Owner’s legitimate interests.
22.3 Netherbridge Lakes also obtain the Customer’s personal information in the course of the sale, or negotiations for the sale, to the Customer. Netherbridge Lakes may contact the Customer by electronic means (email or text) with relevant information, offers and similar properties. If the Customer does not want Netherbridge Lakes to use its personal information in this way, it can opt out at any time by contacting Netherbridge Lakes.
22.4 Netherbridge Lakes may retain the Customer’s information for the period necessary to fulfil the purposes for which it was first collected unless a longer retention period is required or permitted by law.
23. Authority to sign
The Customer who books and pays for the holiday agrees that:
23.1 they are authorised to accept these Conditions on behalf of the Guests, including those substituted or added after the Booking Confirmation is issued, and ensure that the Guests comply with these Conditions;
23.2 they are over eighteen years of age; and
23.3 they agree to take responsibility for the Guests occupying the Property, and to notify Netherbridge Lakes if they are not a Guest.
24. Priority
If there is any ambiguity or inconsistency in or between these Conditions and the information on the Website, these Conditions shall prevail.
25. Previous websites and conditions
The Website and these Conditions replace and supersede all previous Websites and Conditions.
26. Validity clause
In the event that a court finds that a condition (or part of a condition) in these Conditions is invalid, unenforceable or illegal, the other conditions shall remain in force.
27. Third Party Rights
The Owner and Customer do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
28. Governing Law and Jurisdiction
The contract between the Owner and the Customer shall be governed by the laws of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have the exclusive jurisdiction to settle any dispute of claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims)